Small Claims Tribunals Act Amendment Act 1975 (Qld)

wuzzllshuv^ ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 52 of 1975 An Act to amend the Small Claims TribunalsAct 1973-1974 in certain particulars [ASSENTED TO 4TH NOVEMBER, 197-5] 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 1975. (2) The Small Claims Tribunals Act 1973-1974 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 Claims Tribunals Act1973-1975.

Small Claims Tribunals Act Amendment Act 1975, No. 52 559 2. Commencement . This Act shall commence on a day to be fixed by Proclamation. 3. Amendment of s. 4. Section 4 of the Principal Act is amended by- (a) adding at the end of the meaning of the term "consumer ", after the word " partnership ", the words ". The term includes a person who is or was the tenant of any premises let to him for the purposes of a dwelling and otherwise than for the purposes of assigning or sub-letting or for the purposes of a trade or business carried on by him "; (b) in the meaning of the term " small claim ", omitting the expression " $450 " wherever occurring and substituting in each case the expression " $700 and adding at the end of the meaning, after the word " premises ", the words " let to the tenant for the purposes of a dwelling and otherwise .than for the purposes of assigning or sub-letting or for the purposes of a trade or business carried on by him "; (c) adding at the end of the meaning of the term " trader ", after the word nature.", the words " The term includes a person who is or was the landlord of any premises let to a tenant for the purposes of a dwelling and otherwise than for the purposes of assigning or sub-letting by the tenant or for the purposes of a trade or business carried on by the tenant.". 4. Amendment of s. 17. Section 17 of the Principal Act is amended by, in subsection (1) (b). inserting after the word " withdrawn " the words " or has been struck out for want of jurisdiction ". 5. Amendment of s. 20 . Section 20 of the Principal Act is amended by, in subsection (2),- (a) omitting the word " or " occurring between paragraphs (c) and (d): (b) inserting after paragraph (d) the following paragraph:- (e) an order that strikes out for want of jurisdiction the claim to which the proceeding relates.". 6. Amendment of s. 21 . Section 21 of the Principal Act is amended by omitting the expression " $450 " wherever occurring and substituting in each case the expression " $700 7. Amendment of s. 22. Section 22 of the Principal Act is amended by. in subsection (5), omitting the words " The Limitation Act of 1960 " and substituting the words " The Limitation of Actions Act 1974 8. Amendment of s. 25. Section 25 of the Principal Act is amended b} inserting after subsection (2) the following subsection:- " (3) Where a Small Claims Tribunal to which a claim has been referred is of the opinion that a person has a sufficient interest in a resolution of the dispute to which the claim relates but has not been given notice of the claim under subsection (1) (a),

560 Small Claims Tribunals Act Amendment Act 1975, No. 52 the Small Claims" Tribunal may direct the registrar to cause notice of the claim and its particulars to be given, as soon as practicable, to that person, and the registrar shall cause notice to be given in accordance with the direction.". 9. Amendment of s. 41. Section 41 of. the Principal Act is amended by omitting the word " certified " where twice occurring.