Unordered Goods and Services Act Amendment Act 1989 (Qld)

178 UNORDERED GO SERVICES ACT AMENDMENT A CT ANALYSIS OF CONTENTS 1. Short title and citation 2. Amendment of s. 3. Interpretation 3. New s. 6A Assertion of right to payment for unauthorized advertising services 4. Amendment of s. 10. Certain acts prohibited 5. Amendment of s. 13. Certain proceedings not to be commenced or continued 6. Increase in penalties ueenslaub ANNO TRICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 18 of 1989 An Act to amend the Unordered Goods and Services Act1973-1974 in certain particulars [ASSENTED TO 30TH MARCH, 1989]

Unordered Goods and Services Act Amendment Act 1989, No. 18 179 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 Unordered Goods and Services Act Amendment Act 1989. (2) In this Act, the Unordered Goods and Services Act 1973-1974 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Unordered Goods and Services Act 1973-1989. 2. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended, in subsection (1), by inserting after the definition "sender" the following definition:- "unordered advertising services" means advertising services supplied wholly or partly within the State to a person without any request for the services being made by, or by the authority of, the person;". 3. New s. 6A. The Principal Act is amended by inserting after section 6 the following section:- "6A. Assertion of right to payment for unauthorized advertising services . (1) A person shall not assert, in trade or business, a right to payment from another person for unordered advertising services. Penalty: 40 penalty units. (2) In proceedings for an offence that is a contravention of subsection (1) without limiting the generality of that subsection- (a) the receipt by a person of a prescribed document relating to unordered advertising services supplied to the person that was sent by or on behalf of another person shall be deemed to be an assertion by the last mentioned person of a right to payment from the first mentioned person; (b) a prescribed document purporting to have been sent by or on behalf of a person shall be deemed to have been sent by that person unless the contrary is proved. (3) It is a defence to a prosecution for a contravention of subsection (1) if the defendant proves that he had reasonable cause to believe that there was a right to payment. (4) In this section "prescribed document" in relation to unordered advertising services means a writing that asserts or implies that payment should be made for the advertising services or that sets out the price payable for the advertising services.". 4. Amendment of s. 10 . Certain acts prohibited . Section 10 of the Principal Act is amended, in subsection (1), by inserting after the words

180 Unordered Goods and Services Act Amendment Act 1989, No. 18 "unordered goods," wherever they occur the words "unordered advertising services,". 5. Amendment of s. 13. Certain proceedings not to be commenced or continued . Section 13 of the Principal Act is amended by (a) omitting the word "or" where it occurs between paragraph (a) and paragraph (b); (b) redesignating paragraph (b) as paragraph (c); (c) inserting after paragraph (a) the following words:- "(b) advertising services supplied outside the State to a person where, had the advertising services been supplied within the State to the person, the advertising services would be unordered advertising services; or". 6. Increase in penalties. The Principal Act is amended, in each provision referred to in the first column of the following Table, by omitting the expression specified in the second column of the Table opposite the reference to that provision and substituting the expression specified in the third column of the Table opposite the reference to that provision. section 5 (1) section 8 (1) section 10 (1) section 11 section 12 (1) section 12 (1) section 12 (1) section 17 (2) TABLE $500 $500 $500 $200 $400 $800 $1000 $200 40 penalty units 40 penalty units 40 penalty units 20 penalty units 40 penalty units 80 penalty units 100 penalty units 20 penalty units