Small Claims Tribunals Act Amendment Act 1978 (Qld)

167 Qxt2e115i2111^ ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 22 of 1978 An Act to amend the Small Claims TribunalsAct 1973-1975 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 Small Claims Tribunals Act Amendment Act 1978. (2) In this Act the Small Claims Tribunals Act1973-1975 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Small Claims Tribunals Act1973-1978.

168 Small Claims Tribunals Act Amendment Act 1978, No. 22 2. Commencement of Act. This Act shall commence on a date to be fixed by Proclamation. 3. Savings . The provisions of the Principal Act in so far as they relate to the appointment, terms of appointment, remuneration and removal of referees and their eligibility to hold office shall continue to apply to any referee appointed prior to the commencement of this Act as if this Act had not been passed. 4. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) omitting the definitions " registrar " and " registry " and substituting the following definitions:- " " registrar " means the registrar of a Registry of Small Claims Tribunals: The term includes any person performing at the material time any of the duties of the registrar; " registry " means a Registry of Small Claims Tribunals established and maintained under this Act; "; (b) in the definition " small claim ", (i) omitting the expression " $700 " wherever it occurs and substituting in each case the expression " $1 000 "; (ii) inserting after paragraph (b) the following paragraph:- (c) a claim for payment of money and performance of work where the sum of the amount of the payment and the value of the work does not exceed $1 000; or "; (iii) designating the existing paragraph (c) as paragraph (d); (iv) designating the existing paragraph (d) as paragraph (e). 5. Amendment of s. 5 . Section 5 of the Principal Act is amended by inserting after the first paragraph the following paragraph:- " Every appointment shall be made under and in accordance with the Public Service Act1922-1976 and every person so appointed shall hold his appointment subject to that Act.". 6. Repeal of s. 6. The Principal Act is amended by repealing section 6. 7. Repeal of s. 7. The Principal Act is amended by repealing section 7. 8. Repeal of s. 8 . The Principal Act is amended by repealing section 8. 9. Repeal of s. 9. The Principal Act is amended by repealing section 9. 10. Repeal of and new s. 13. The Principal Act is amended by repealing section 13 and substituting the following section:- " 13. Registries . (1) The office of every clerk of a Magistrates Court excepting such as are situated in the Brisbane District appointed under the Decentralization of Magistrates Courts Act 1965-1974 shall be a registry.

Small Claims Tribunals Act Amendment Act 1978, No. 22 169 (2) There shall be a registry in the Brisbane District appointed under the Decentralization of Magistrates Courts Act 1965-1974. (3) There shall be kept in the registry every record of a Small Claims Tribunal that relates to a claim originating in that registry.". 11. Repeal of and new s. 15. The Principal Act is amended by repealing section 15 and substituting the following section:- " 15. Registrars . (1) Each clerk of a Magistrates Court other than such a clerk at a place situated in the Brisbane District appointed under the Decentralization of Magistrates Courts Act 1965-1974 shall, without further appointment, be a registrar. (2) There shall be appointed to the registry in the Brisbane District appointed under the Decentralization of Magistrates Courts Act 1965-1974 a registrar and such staff as are required for the proper functioning thereof. Every appointment shall be made under and in accordance with the PublicServiceAct1922-1976 and every person so appointed shall hold his appointment subject to that Act. A person may hold such an appointment in conjunction with any other position held by him in the Public Service of Queensland.". 12. Amendment of s. 17. Section 17 of the Principal Act is amended by, in subsection (I)- (a) omitting the word " or " where it occurs between paragraphs (a) and (b); (b) inserting after paragraph (b) the following word and paragraph:- 44 or (c) where a Small Claims Tribunal determines that because of the nature or complexity of the issue involved the claim should not be heard by it ". 13. Amendment of s. 20 . Section 20 of the Principal Act is amended by, in subsection 2- (a) inserting after paragraph (b) the following paragraphs:- "(c) an order that requires a party to the proceeding before it to return any goods to which the claim in the proceeding relates and which are in his possession or control to a person specified in the order; (d) an order that combines any two or more of the orders referred to in paragraphs (a), (b) and (c); " ; (b) designating the existing paragraph (c) as paragraph (e); (c) designating the existing paragraph (d) as paragraph (f) and inserting at the end thereof the word " or "; (d) designating the existing paragraph (e) as paragraph (g). 14. Repeal of and new s. 21. The Principal Act is amended by repealing section 21 and substituting the following section:- " 21. Restricted effect of tribunal ' s orders. An order made by a Small Claims Tribunal- (a) that requires the payment of money in an amount exceeding $1 000;

170 Small Claims Tribunals Act Amendment Act 1978, No. 22 (b) that requires the performance of work of a value exceeding $1 000; (c) that requires the return of goods of a value exceeding $1 000; (d) whereby the sum of the amount of money ordered to be paid (if any), the value of work ordered to be performed (if any) and the value of goods ordered to be returned (if any) exceeds $1 000; or (e) that purports to grant relief from the payment of money in an amount exceeding $1000, shall be of no effect.". 15. Amendment of s. 22 . Section 22 of the Principal Act is amended by in subsection (3)- (a) omitting paragraph (a) and substituting the following paragraph:- (a) a copy of the order certified to be a true copy by the registrar of the Registry of Small Claims Tribunals who issues the same;"; (b) omitting the expression " The Magistrates Courts Acts 1921 to 1964 " and substituting the expression " the MagistratesCourts Act1921-1976 "; (c) adding at the end thereof the sentence " No fee shall be payable for the entering of such a judgment.". 16. Repeal of and new s. 24. The Principal Act is amended by repealing section 24 and substituting the following section:- " 24. Reference of claims to tribunal . (1) A consumer who wishes to refer his claim, being a small claim, to a Small Claims Tribunal shall complete the prescribed form and file the same in a registry situated in the Magistrates Court District in which the small claim either wholly or in some material point arose and shall pay the prescribed fee to the registrar at the time of filing. (2) It is the duty of the registrar to give his assistance to a consumer who seeks it in completing the prescribed claim form.". 17. Amendment of s. 34 . Section 34 of the Principal Act is amended by in subsection (2) omitting the word " seven " and substituting the numeral " 14 " 18. Amendment of s. 41 . Section 41 of the Principal Act is amended by omitting the words " the registrar " where they first appear and substituting the words " a registrar " 19. Repeal of and new s. 42. The Principal Act is amended by repealing section 42 and substituting the following section:- " 42. Supply a nd publication of particulars . (1) The registrar of each registry situated outside of the Brisbane District appointed under the Decentralization of Magistrates Courts Act 1965-1974

Small Claims Tribunals Act Amendment Act 1978, No. 22 171 shall forward to the registrar of the registry situated in the said Brisbane District the particulars listed in subsection (3) regarding every reference to a Small Claims Tribunal which arises out of a claim originating in that first mentioned registry. (2) The registrar of the registry situated in the Brisbane District appointed under the Decentralization of Magistrates Courts Act 1965-1974 shall cause to be published in such manner as the Minister charged with the administration of this Act nominates generally from time to time the particulars listed in subsection (3) regarding every reference to a Small Claims Tribunal. (3) The particulars to be forwarded pursuant to subsection (1) and to be published pursuant to subsection (2) are- (a) the name of the claimant; (b) the name of the respondent; (c) the nature of the issue in dispute; and (d) the order made by the Small Claims Tribunal.". 20. Amendment of s. 43 . Section 43 of the Principal Act is amended by omitting the words " the registrar " and substituting the words " any registrar ". 21. Amendment of s. 44 . Section 44 of the Principal Act is amended by omitting paragraph (d) and substituting the following paragraph:- (d) the practices and procedures of registries; the powers, functions and duties of registrars and of other persons employed in a registry; ".