Queensland Numbered Acts

JUSTICE (FAIR TRADING) LEGISLATION AMENDMENT ACT 2008 No. 69 - SECT 106

After section 15--

insert--

'(1) The commissioner may make investigations about a person to help the commissioner decide whether the person--

(a) is a fit and proper person for the grant of an application for registration, or renewal of registration; or

(b) continues to be a fit and proper person.

'(2) Without limiting subsection (1) or section 15, the commissioner may ask the commissioner of the police service for a report about the criminal history of the person.

'(3) If the criminal history of the person includes a conviction recorded against the person, the commissioner's report must be written.

'(1) The commissioner may require a person mentioned in section 15A(1) to pay the reasonable, but no more than actual, costs of obtaining a report under section 15A about the person.

'(2) The commissioner must refund to a person who is an applicant an amount paid under the requirement if--

(a) the commissioner refuses the application without asking for the report; or

(b) the person withdraws the application before the commissioner asks for the report.

'(1) A public service employee performing functions under this Act must not, directly or indirectly, disclose to anyone else a report about a person's criminal history, or information contained in the report, given under section 15A.

Maximum penalty--100 penalty units.

'(2) However, the person does not contravene subsection (1) if--

(a) disclosure of the report or information to someone else is authorised by the commissioner to the extent necessary to perform a function under or in relation to this Act; or

(b) the disclosure is otherwise required or permitted by law.

'(3) The commissioner must destroy a written report about a person's criminal history as soon as practicable after it is no longer needed for the purpose for which it was requested.'.