Queensland Consolidated Acts
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FAIR TRADING INSPECTORS ACT 2014
- As at 1 February 2024
- Act 8 of 2014
TABLE OF PROVISIONS
Long Title
CHAPTER 1 - PRELIMINARY
1. Short title
2. Commencement
3. Act binds all persons
4. Operation of Act
4A. Modifying operation of Act for Associations Incorporation Act 1981
5. Modifying operation of Act for Manufactured Homes (Residential Parks) Act 2003
6. Modifying operation of Act for Property Occupations Act 2014
7. Modifying operation of Act for Residential Services (Accreditation) Act 2002
8. Modifying operation of Act for Retirement Villages Act 1999
9. Modifying operation of Act for Tourism Services Act 2003
10. (Repealed)
11. Definitions
CHAPTER 2 - INSPECTORS
PART 1 - GENERAL PROVISIONS ABOUT INSPECTORS
Division 1 - Functions
12. Functions of inspectors
Division 2 - Appointment
13. Appointment and qualifications
14. Appointment conditions and limit on powers
15. When office ends
16. Resignation
Division 3 - Identity cards
17. Issue of identity card
18. Production or display of identity card
19. Return of identity card
Division 4 - Miscellaneous provisions
20. References to exercise of powers
21. Reference to document includes reference to reproductions from electronic document
PART 2 - ENTRY TO PLACES BY INSPECTORS
Division 1 - Power to enter
22. General power to enter places
Division 2 - Entry by consent
23. Application of div 2
24. Incidental entry to ask for access
25. Matters inspector must tell occupier
26. Consent acknowledgement
Division 3 - Entry under warrant
Subdivision 1 - Obtaining warrant
27. Application for warrant
28. Issue of warrant
29. Electronic application
30. Additional procedure if electronic application
31. Defect in relation to a warrant
Subdivision 2 - Entry procedure
32. Procedure
PART 3 - OTHER INSPECTORS’ POWERS AND RELATED MATTERS
Division 1 - Stopping or moving vehicles
33. Application of div 1
34. Power to stop or move
35. Identification requirements if vehicle moving
36. Failure to comply with direction
Division 2 - General powers of inspectors after entering places
37. Application of div 2
38. General powers
39. Power to require reasonable help
40. Offence to contravene help requirement
Division 3 - Seizure by inspectors and forfeiture
Subdivision 1 - Power to seize
41. Seizing evidence at a place that may be entered without consent or warrant
42. Seizing evidence at a place that may be entered only with consent or warrant
43. Seizure of property subject to security
Subdivision 2 - Powers to support seizure
44. Power to secure seized thing
45. Offence to contravene other seizure requirement
46. Offence to interfere
Subdivision 3 - Safeguards for seized things
47. Receipt and information notice for seized thing
48. Access to seized thing
49. Return of seized thing
Subdivision 4 - Forfeiture
50. Forfeiture by chief executive decision
51. Information notice about forfeiture decision
Subdivision 5 - Dealing with property forfeited or transferred to the State
52. When thing becomes property of the State
53. How property may be dealt with
Division 4 - Disposal orders
54. Disposal order
Division 5 - Other information-obtaining powers of inspectors
55. Power to require name and address
56. Offence to contravene personal details requirement
57. Power to require production of document
58. Offence to contravene document production requirement
59. Offence to contravene document certification requirement
60. Power to require information
61. Offence to contravene information requirement
PART 4 - OBTAINING CRIMINAL HISTORY REPORTS
62. Purpose of pt 4
63. Chief executive’s power to obtain criminal history report
64. Criminal history is confidential document
PART 5 - MISCELLANEOUS PROVISIONS RELATING TO INSPECTORS
Division 1 - Damage
65. Duty to avoid inconvenience and minimise damage
66. Notice of damage
Division 2 - Compensation
67. Compensation
Division 3 - Other offences relating to inspectors
68. Giving inspector false or misleading information
69. Obstructing inspector
70. Impersonating inspector
Division 4 - Other provisions
71. Evidential immunity for individuals complying with particular requirements
CHAPTER 3 - APPEALS, EVIDENCE AND LEGAL PROCEEDINGS
PART 1 - REVIEWS AND APPEALS
Division 1 - Right of appeal
72. Right of appeal
Division 2 - Internal review of decisions
73. Appeal process starts with internal review
74. How to apply for review
75. Stay of operation of decision
76. Review decision
Division 3 - Appeals
77. Who may appeal
78. Procedure for an appeal to the court
79. Stay of operation of review decision
80. Powers of court on appeal
81. Effect of decision of court on appeal
PART 2 - EVIDENCE AND LEGAL PROCEEDINGS
Division 1 - Evidentiary provisions
82. Application of div 1
83. Authority
84. Signatures
85. Other evidentiary aids
Division 2 - Offence proceedings
86. Offences under Act are summary
87. Statement of complainant’s knowledge
CHAPTER 4 - MISCELLANEOUS PROVISIONS
88. Supervision by inspector
89. Reasonable excuse defences
90. Protection from liability for particular persons
91. Delegation by chief executive
92. Confidentiality of information
93. Approved forms
94. Regulation-making power
CHAPTER 5 - TRANSITIONAL PROVISIONS
PART 1 - PURPOSES, DEFINITIONS AND GENERAL APPROACH
95. Main purposes of ch 5
96. Definitions for ch 5
97. References to primary Act for ch 5
98. Document, action, obligation or protection under previous provision of primary Act
99. Terminology in things mentioned in s 98(1)
100. Period stated in previous provision
101. Period or date stated in document given under previous provision
102. Action happening before commencement may be relevant to proceeding for particular acts or omissions
103. Acts Interpretation Act 1954, s 20 not limited
PART 2 - TRANSITIONAL PROVISIONS RELATING TO PARTICULAR PROVISIONS OF PRIMARY ACTS
Division 1 - Examples for chapter 2
104. Examples for ch 2 of documents under s 98
105. Examples for ch 2 of obligations under s 98
106. Examples for ch 2 of protections under s 98
Division 2 - General matters
107. Existing authorised officers
108. Existing inspectors
109. Reviews and appeals
110. References in Acts and documents
SCHEDULE 1
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