Small Claims Tribunals Act Amendment Act 1987 (Qld)

543 (1 ueensfanb ANNO TRICESIMO SEXTO ELIZA ET AE SEC N AE REGINAE ^T G Cd7, An Act to amend the S mall Claims Tribunals Act 1973- 1985 in certain particulars [ASSENTED TO 21ST AUGUST, 1987]

544 Small Claims Tribunals Act Amendment Act 1987, No. 46 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 . This Act may be cited as the Small Claims Tribunals Act Amendment Act 1987. 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 or the provisions of this Act specified in the Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act, or as the case may be, those provisions. 3. Principal Act and citation as amended . (1) In this Act the SmallClaims Tribunals Act 1973-1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Small Claims Tribunals Act 1973-1987. 4. Amendment of s. 4. Interpretation. Section 4 of the Principal Act is amended in the definition "referee" by omitting the words "appointed under this Act as a referee of Small Claims Tribunals" and substituting the words "who is a referee of Small Claims Tribunals pursuant to section 5". 5. Repeal of and new s . 5. Appointment of referees. The Principal Act is amended by repealing section 5 and substituting the following section:- "5. Appointment of referees and referees ex officio. (1) Every stipendiary magistrate under and within the meaning of the Justices Act 1886-1985 while he holds that office shall be a referee of Small Claims Tribunals. (2) The Governor in Council may appoint as referees of Small Claims Tribunals such additional persons as he considers necessary for the proper functioning of Small Claims Tribunals. (3) Every appointment shall be made under and in accordance with the Public Service Act 1922-1978 and every person so appointed shall hold his appointment subject to that Act. (4) 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.". 6. Amendment of s. 34. Tribunal to act on evidence available. Section 34 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- "(2) Where an issue in dispute has been resolved in the absence of any party to the proceeding, a referee, on application in writing made to and received by the registrar

Small Claims Tribunals Act Amendment Act 1987, No. 46 545 within 28 days after resolution of the issue; or within such extended period (not exceeding a further 28 days) as a referee may allow in a particular case, may, if he is satisfied that there was sufficient reason for the party's absence, order that the claim be re-heard. A referee shall not allow an extension of time for making application under this subsection unless he is satisfied of the existence of sufficient reason that justifies- the failure to make application within the period of 28 days; and any delay in making application for an extension of that period.".