Queensland Numbered Acts

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JUSTICE (FAIR TRADING) LEGISLATION AMENDMENT ACT 2008 No. 69 - SECT 27

27 Insertion of new ss 23A and 23B

After section 23--

insert--

'(1) The chief executive may require an applicant to pay the reasonable, but no more than actual, costs of obtaining a report under section 23 about the applicant or an associated person of the applicant.

'(2) The chief executive must refund to the applicant an amount paid under the requirement if--

(a) the chief executive refuses the application without asking for the report; or
(b) the applicant withdraws the application before the chief executive asks for the report.

'(3) In this section--

applicant includes proposed applicant.

'(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 23.

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 chief executive 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 chief executive must destroy a written report about a person's criminal history as soon as practicable after considering the person's suitability to hold a licence.'.



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