Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 85

85 Minister may make orders prohibiting or restricting supply of dangerous or undesirable services

(1) The Minister, if in the Minister’s opinion any services of any kind are likely to cause the death of any person or to injure or adversely affect the health or wellbeing of any person whether physical, mental or psychological, may by order—

(a) prohibit the supply of those services; or

(b) authorise supply of those services subject to conditions or restrictions prescribed in the order.

(2) An order made under subsection (1) is subordinate legislation.

(3) The Minister shall, before the Minister makes an order under subsection (1) , cause to be given to every person that in the Minister’s opinion has a substantial interest in the matter, a written notice accompanied by a copy of the order the Minister intends to make calling on that person to show cause in writing why the Minister should not make that order.

(4) A person called upon to show cause by the Minister, if the person wishes to show cause, shall make written submissions to the Minister so that these submissions are received by the Minister within 7 days of receipt by that person of the notice and copy of the order from the Minister.

(4A) The Minister shall consider any such submissions before making the order under subsection (1) .

(5) An order made under this section after the commencement of this subsection expires 18 months after the order commences, and may not be renewed.