Queensland Numbered Acts Queensland Numbered Actsomit, insert--
'(1) If the Authority decides to conduct a disciplinary inquiry in relation to a licensee by hearing, the Authority must not start the inquiry before the date of the hearing stated in the disciplinary inquiry notice given under section 27B for the inquiry.
'(2) The date of the hearing must be at least 30 days from the day the notice is given to the licensee unless--
(a) the Authority is satisfied--
(i) urgent circumstances exist for the inquiry to be started within that time; and
(ii) it is reasonable in the circumstances; or
(b) any person who made an application under section 26(2) applies to the Authority for the inquiry to be started within that time and the Authority is satisfied it is reasonable in the circumstances.
'(3) Subsection (4) applies if--
(a) a licensee is given a disciplinary inquiry notice under section 27B for a disciplinary inquiry in relation to the licensee; and
(b) the licensee applies in the approved form to the Authority for the inquiry to be started before the date stated in the notice as the date of the hearing of the inquiry.
'(4) The Authority may start the inquiry before the date stated in the notice as the date of the hearing of the inquiry if the Authority--
(a) is satisfied that it is reasonable in the circumstances; and
(b) gives notice of the date of the hearing decided by the Authority under this subsection to--
(i) the licensee; and
(ii) any person who made an application under section 26(2).
'(1) If the Authority decides to conduct a disciplinary inquiry by hearing, the hearing must be closed to the public.
'(2) The Authority must decide the matter in the way it considers appropriate, but must--
(a) observe natural justice; and
(b) act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.
'(3) The Authority--
(a) is not bound by the rules of evidence; and
(b) may inform itself in the way, and to the extent, the Authority considers appropriate; and
(c) may decide the procedures to be followed for the proceedings; and
(d) may receive evidence on oath or by statutory declaration.
'(4) The chairperson of the Authority, or a member of the Authority permitted by the chairperson, may administer an oath to a person appearing before the Authority.
'(1) This section applies if a licensee does not--
(a) if the licensee is given a notice under section 27B stating the Authority will be conducting a disciplinary inquiry in relation to the licensee by hearing--attend the hearing on the date of the hearing stated in the notice; or
(b) if the licensee is given a notice under section 27B stating the Authority will be conducting a disciplinary inquiry in relation to the licensee on correspondence--make a submission in accordance with the requirements stated in the notice under section 27B(2)(b)(v); or
(c) if the licensee is given a notice under section 28D--give the information required by the notice.
'(2) The Authority may--
(a) continue the disciplinary inquiry; and
(b) make a decision about whether the ground for disciplinary action is established.
'(1) At a hearing of a disciplinary inquiry in relation to a licensee, the licensee must not--
(a) fail to take an oath or make an affirmation when required by the Authority; or
(b) fail, without reasonable excuse, to answer a question the Authority requires the licensee to answer.
Maximum penalty--60 penalty units.
'(2) For subsection (1)(b), it is a reasonable excuse for a licensee to fail to answer a question, if answering the question might tend to incriminate the licensee.
'(1) For conducting a disciplinary inquiry, the Authority may, by notice given to the licensee or another person, require the licensee or person to give the Authority information, including a document, relevant to the inquiry.
'(2) If a document is given to the Authority under subsection (1), the Authority may make a copy of, or take an extract from, it.
'(3) A person given a notice under subsection (1) must not fail, without a reasonable excuse, to give the Authority the information the person is required to give by the notice.
Maximum penalty--60 penalty units.
'(4) For subsection (3), it is a reasonable excuse for an individual to fail to give information, if giving the information might tend to incriminate the individual.
'(1) The Authority may, by notice given to a relevant person (an attendance notice), require the person--
(a) to attend a hearing at a stated time and place to give evidence; or
(b) to produce stated documents or other things at a hearing.
'(2) For subsection (1), the Authority may act on its own initiative or on the application, in the approved form, of a licensee.
'(3) If a document is given to the Authority under subsection (1), the Authority may make a copy of, or take an extract from, it.
'(4) A person given an attendance notice must not fail, without reasonable excuse--
(a) to attend as required by the notice; or
(b) to continue to attend as required by the Authority until excused from further attendance.
Maximum penalty--60 penalty units.
'(5) Also, at a hearing, a person appearing as a witness must not--
(a) fail to take an oath or make an affirmation when required by the Authority; or
(b) fail, without reasonable excuse, to answer a question the Authority requires the person to answer; or
(c) fail, without reasonable excuse, to produce a document or other thing the person is required to produce by an attendance notice.
Maximum penalty--60 penalty units.
'(6) It is a reasonable excuse for an individual to fail to answer a question or to produce a document or other thing, if answering the question or producing the document or thing might tend to incriminate the individual.
'(7) In this section--
relevant person means a person the Authority considers has information relevant to the disciplinary inquiry conducted about a licensee.
'(1) If the Authority is satisfied service of a notice given to a licensee under section 27B or relevant person under section 28E can not be effected on the licensee or relevant person under the provision, the Authority may order substituted service of the notice.
'(2) Substituted service may be effected in any way ordered, including, for example, by facsimile or telephone.
'(3) If the licensee or relevant person is served with a notice as ordered by the Authority under subsection (1), the notice is taken to have been given to the licensee under section 27B or relevant person under section 28E.'.