Queensland Numbered Acts Queensland Numbered ActsSchedule 1 , sections 13 and 14 —
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13 Application of division This division applies if the warrantor has by warranty advice or otherwise—(a) refused to accept that the defect is covered by the statutory warranty; or(b) accepted that the defect is covered by the statutory warranty but—(i) failed to repair the defect within the repair period; or(ii) failed to repair the defect so that the defective part can be reasonably relied on to perform its intended function.
14 Jurisdiction of QCAT The buyer may apply, as provided under the QCAT Act, to QCAT for an order under section 15 if the amount or value of other relief sought is no more than $100,000.
15 Orders QCAT may make(1) In a proceeding under section 14, QCAT may make only the following orders—(a) an order that the defect is or is not a defect covered by the statutory warranty;(b) an order extending the warranty period for the warranted vehicle to a specified date;(c) an order declaring the warranted vehicle is covered by the statutory warranty until a specified date;(d) an order requiring a party to the proceeding to pay a stated amount to a stated person;(e) an order that a stated amount is not due or owing by the applicant to a stated person, or by any party to the proceeding to the applicant;(f) an order requiring a party to the proceeding, other than the applicant, to perform work to rectify a defect in the warranted vehicle;(g) an order requiring a party to the proceeding to return the warranted vehicle if it is in the party’s possession or control to a stated person;(h) an order combining 2 or more orders mentioned in paragraphs (a) to (g).(2) Without limiting subsection (1)(d), QCAT may make an order that the warrantor pay to the buyer a stated amount QCAT decides is the reasonable cost of having a defect repaired if—(a) the warrantor has, by warranty advice or otherwise, refused to accept that the defect is covered by the statutory warranty; and(b) the buyer has had the defect repaired by another person; and(c) QCAT decides that the defect was one to which the statutory warranty applied.(3) However, QCAT can not make an order under subsection (1) that—(a) purports to require payment of an amount, performance of work or return of the warranted vehicle of a value of more than $100,000; or(b) purports to grant relief of a value of more than $100,000 from the payment of an amount; or(c) combines 2 or more orders mentioned in subsection (1) and purports to award or declare entitlements or benefits (or both) of a total value of more than $100,000.(4) Also, QCAT may make an order under subsection (1)(b) or (c) only if it is satisfied—(a) the vehicle was not able to be used by the buyer for a period during the warranty period; and(b) the period from which the order is to be effective to the date the warranty period is to end, and the period during which the vehicle was able to be used by the buyer, taken together, are not more than 3 months.
16 Contravention of QCAT order(1) If QCAT makes an order under section 15 in the buyer’s favour and the warrantor contravenes the order, the contravention is a ground for starting disciplinary proceedings under section 194.(2) Subsection (1) does not limit any right the buyer may have to enforce the order.
17 Expedited hearing An expedited hearing under the QCAT Act, section 94, may be conducted for a proceeding under section 14 if—(a) the amount or value of other relief sought in the proceeding is not more than $25,000; or(b) the president of QCAT considers it appropriate having regard to—(i) the nature and complexity of the proceeding; and(ii) the views of the parties to the proceeding; and(iii) anything else the president considers relevant.
18 Costs QCAT may make an order under section 102(1) of the QCAT Act against a party to a proceeding under section 14—(a) only if the party is a respondent against whom QCAT has made a final decision; and(b) only to order the party to pay to the applicant the amount of any prescribed fee paid by the applicant on filing the application for the proceeding.
19 Constitution of QCAT For section 195(b) of the QCAT Act, an adjudicator may hear and decide a proceeding under section 14 if either or both of the following apply—(a) the amount or value of other relief sought in the proceeding is not more than $25,000;(b) an expedited hearing is to be conducted for the proceeding.
20 Applications for more than QCAT’s jurisdictional limit(1) This section applies if—(a) a provision of this division provides that an application may be made to QCAT about a matter; and(b) a person seeks the payment of an amount or other relief of a value greater than $100,000 in relation to the matter.(2) A provision of this division about the matter applies—(a) as if a reference to QCAT were a reference to the court having jurisdiction for the recovery of a debt equal to the amount or value of relief sought; and(b) with all other necessary changes to give effect to paragraph (a).