Small Claims Tribunals and Dividing Fences Acts Amendment Act 1985 (Qld)

1140 (Jueeu5Ittnb (MN% ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 77 of 1985 An Act to amend the Small Claims TribunalsAct 1973- 1984 in certain particulars and the Dividing FencesAct 1953-1982 in a certain particular [ASSENTED TO 23RD OCTOBER, 1985]

1141 Small Claims Tribunals and Dividing Fences Acts Amendment Act 1985, No. 77 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Small Claims Tribunals and Dividing Fences Acts Amendment Act 1985. 2. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY ( SS. 1-2); PART II-AMENDMENT OF SMALL CLAIMS TRIBUNALS ACT (ss. 3-7); PART III-AMENDMENT OF DIVIDING FENCES ACT ( ss. 8-9). PART II-AMENDMENT OF SMALL CLAIMS TRIBUNALS ACT 3. Citation . ( 1) In this Part the Small Claims Tribunals Act 1973- 1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Small Claims Tribunals Act 1973-1985. 4. Amendment of s. 4 . Interpretation . Section 4 of the Principal Act is amended by- (a) inserting after the definition "goods" the following definition:- " "prescribed amount" means $1 500;"; (b) omitting the definition "small claim" and substituting the following definition:- "small claim" means- (a) a claim (i) for payment of money of a value not exceeding the prescribed amount; (ii) for relief from payment of money of a value not exceeding the prescribed amount; (iii) for performance of work of a value not exceeding the prescribed amount to rectify a defect in goods supplied or services provided; (iv) for return of goods of a value not exceeding the prescribed amount; (v) for a combination of claims referred to in subparagraphs ( i), (ii), (iii ) and (iv) or any two or more of them where the total value of the combined claim does not exceed the prescribed amount that in any case arises out of a contract for the supply of goods or the provision of services made between persons

Small Claims Tribunals and Dividing Fences Acts Amendment Act 1985, No. 77 1 142 who, in relation to those goods or services, are a consumer or a trader on the one hand and a trader on the other; or (b) a claim for repayment of money of a value not exceeding the prescribed amount held by or on behalf of a person to whom or on whose demand the money was paid by way of bond or security in connexion with a tenancy of any premises 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;". 5. Amendment of s. 16. Extent of Jurisdiction . Section 16 of the Principal Act is amended in subsection (1) by omitting the expression "$1 500" and substituting the words "the prescribed amount". 6. Amendment of s. 20 . Orders of tribunals . Section 20 of the Principal Act is amended in subsection (2) by omitting paragraph (a) and substituting the following paragraph:- "(a) in the case of a small claim duly referred to it- (i) an order that requires a party to the proceeding before it to pay money of a value specified in the order to a person specified in the order; (ii) an order that money of a value specified in the order is not due or owing by the claimant to a person specified in the order or by any party to the proceeding before it to the claimant; (iii) an order that requires a party to the proceeding before it, other than the claimant, to perform work to rectify a defect in goods or services to which the claim in the proceeding relates; (iv) an order that requires a party to the proceeding before it to return goods to which the claim in the proceeding relates and which are in his possession or control to a person specified in the order; (v) an order that combines any two or more of the orders referred to in subparagraphs (i), (ii), (iii ) and (iv);". 7. New s. 21. The Principal Act is amended by repealing section 21 and substituting the following section:- "21 . Restriction on tribunals ' orders. An order of a Small Claims Tribunal- (a) that purports to require payment of money, performance of work or return of goods of a value exceeding the prescribed amount; (b) that purports to grant relief of a value exceeding the prescribed amount from the payment of money; or (c) that combines two or more orders (i), (ii), (iii) and (iv) of paragraph (a)

1 143 Small Claims Tribunals and Dividing Fences Acts Amendment Act 1985, No. 77 of section 20 (2) and purports to award or declare entitlements or benefits (or both) of a total value exceeding the prescribed amount is of no force or effect.". PART 111-AMENDMENT OF DIVIDING FENCES ACT 8. Citation . (1) In this Part the Dividing Fences Act 1953-1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Dividing Fences Act 1953-1985. 9. Amendment of s. 9 . Proceedings consequent on notice to fence. Section 9 of the Principal Act is amended in subsection (1) by inserting in subparagraph (iii) of paragraph (d) after the word "court" the words "or tribunal".