1 Short title

This Act may be cited as the Queensland Civil and Administrative Tribunal and Other Legislation Amendment Act 2018.

2 Commencement

This Act commences on a day to be fixed by proclamation.

3 Act amended

This part amends the Fair Trading Act 1989.

4 Amendment of s 50 (Proceedings referred to court of competent jurisdiction)

(1) Section 50 (1) (a) —omit, insert —

(a) for the tribunal, whether the subject of the proceeding—

(i) would be a minor civil dispute within the meaning of the QCAT Act; or

(ii) would be a matter to which section 50A applies; or

5 Insertion of new ss 50A–50D

After section 50 —

insert —

50A Tribunal’s jurisdiction for particular matters relating to motor vehicles

(1) A person may apply, as provided under the QCAT Act, to the tribunal for an order mentioned in subsection (2) for an action—

(a) under a provision of the Australian Consumer Law (Queensland) listed in the table to this section; and

(b) relating to a motor vehicle; and

(c) seeking an amount or value of other relief of not more than $100,000.

(2) In a proceeding under subsection (1), the tribunal may make only the following orders—

(a) an order requiring a party to the proceeding to pay a stated amount to a stated person;

(b) 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;

(c) an order requiring a party to the proceeding, other than the applicant, to perform work to rectify a defect in goods or services to which the claim relates;

(d) an order requiring a party to the proceeding to return goods that relate to the claim and are in the party’s possession or control to a stated person;

(e) an order combining 2 or more orders mentioned in paragraphs (a), (b), (c) and (d).

(3) However, the tribunal can not make an order under subsection (2) that—

(a) purports to require payment of an amount, performance of work or return of goods 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 (2) and purports to award or declare entitlements or benefits (or both) of a total value of more than $100,000.

(4) In this section—

"motor vehicle" see the Motor Dealers and Chattel Auctioneers Act 2014, section 12.

Table

Provision of Australian Consumer Law (Queensland)	Name of provision	Nature of proceeding
section 236(1)	Actions for damages	Action to recover amount of loss or damage
section 259(2), (3) and (4)	Action against suppliers of goods	s 259(2) - Action to recover reasonable costs incurred by consumers 259(3) - Action to recover compensation for reduction in value of goodss 259(4) - Action to recover damages because of failure to comply with guarantee
section 265(3)	Termination of contracts for the supply of services that are connected with rejected goods	Action to recover refund
section 267(2), (3) and (4)	Action against suppliers of services	s 267(2) - Action to recover reasonable costs incurred by consumers 267(3) - Action to recover compensation for reduction in value of servicess 267(4) - Action to recover damages because of failure to comply with guarantee
section 269(3)	Termination of contracts for the supply of services	Action to recover refund
section 271(1), (3) and (5)	Action for damages against manufacturers of goods	Action to recover damages from manufacturer
section 274(3)	Indemnification of suppliers by manufacturers	Action against manufacturer for legal or equitable relief
section 279(1)	Action by consumer to recover amount of loss or damage	Action to recover amount of loss or damage

50B Expedited hearing An expedited hearing under the QCAT Act, section 94, may be conducted for a proceeding under section 50A if—

(a) the amount or value of other relief sought in the proceeding is not more than $25,000; or

(b) the president of the tribunal 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.

50C Costs The tribunal may make an order under section 102(1) of the QCAT Act against a party to a proceeding under section 50A—

(a) only if the party is a respondent against whom the tribunal 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.

50D Constitution of tribunal For section 195(b) of the QCAT Act, an adjudicator may hear and decide a proceeding under section 50A 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.

6 Act amended

This part amends the Motor Dealers and Chattel Auctioneers Act 2014.

7 Amendment of s 69 (Licensees to notify chief executive of changes in circumstances)

Section 69 (1), ‘oral or written’—

omit.

8 Amendment of s 100 (Application of div 6)

Section 100 (2) —

insert —

(d) a sale to a person holding a licence, however described, under a corresponding law that is similar to a motor dealer licence.

9 Amendment of s 116 (Unwarranted vehicles to be identified when offered for sale)

(1) Section 116, heading, after ‘Unwarranted’—insert —and restorable

(2) Section 116 —insert —

(1A) A motor dealer may advertise or display for sale a restorable vehicle only if it is advertised or displayed for sale in the way provided under a regulation. Maximum penalty—100 penalty units.

(3) Section 116 (1A) and (2) —renumber as section 116 (2) and (3).

10 Insertion of new s 116A

After section 116 —

insert —

116A Waiver of statutory warranty for restorable vehicles

(1) A motor dealer must, before a proposed buyer enters into a contract for the purchase of a restorable vehicle, give the buyer a written notice stating that the buyer may waive the statutory warranty for the vehicle.

(2) If the proposed buyer agrees to purchase the restorable vehicle, the buyer may waive the statutory warranty for the vehicle by signing the notice before the buyer enters into a contract for the sale of the vehicle.

(3) The notice must clearly identify the restorable vehicle to which it relates.

(4) On the signing of the notice, the proposed buyer is taken to waive the statutory warranty for the restorable vehicle when the contract for its purchase is entered into.

11 Amendment of s 146 (Unwarranted vehicles to be identified when offered for sale)

(1) Section 146, heading, after ‘Unwarranted’—insert —and restorable

(2) Section 146 —insert —

(1A) A chattel auctioneer may advertise or display for sale a restorable vehicle only if it is advertised or displayed for sale in the way provided under a regulation. Maximum penalty—100 penalty units.

(3) Section 146 (1A) and (2) —renumber as section 146 (2) and (3).

12 Insertion of new s 146A

After section 146 —

insert —

146A Bidders to register for auction of restorable vehicles

(1) Before a restorable vehicle is offered for sale, a chattel auctioneer must invite persons intending to bid for the vehicle when it is offered for sale to register as a bidder (a
"registered bidder") for the sale.

(2) The chattel auctioneer must also inform the persons that by registering as a bidder, the person agrees to purchase the restorable vehicle on the condition that the person is taken to waive the vehicle’s statutory warranty when the contract for the vehicle’s purchase is entered into.

13 Amendment of s 147 (Announcements before auction)

Section 147 —

insert —

(3) Also, a chattel auctioneer must announce, immediately before the auction of any restorable vehicle that—

(a) the vehicle is a restorable vehicle because it is more than 20 years old and is for sale for restoration; and

(b) it is a condition of the sale of a restorable vehicle that if the vehicle is sold, the registered bidder to whom it is sold is taken to waive the statutory warranty for the vehicle when the contract for its purchase is entered into; and

(c) the chattel auctioneer will not accept bids from a person who is not a registered bidder.

Maximum penalty—100 penalty units.

(4) A chattel auctioneer does not contravene subsection (3) if—

(a) 2 or more restorable vehicles are to be auctioned in consecutive lots; and

(b) immediately before the first of the vehicles in the consecutive lots is to be auctioned, the chattel auctioneer—

(i) identifies the vehicles; and

(ii) for the identified vehicles, announces the matters mentioned in subsection (3)(a), (b) and (c).

14 Insertion of new s 147A

After section 147 —

insert —

147A Effect of sale of restorable vehicle to registered bidder If a restorable vehicle is sold to a registered bidder at auction, the statutory warranty for the vehicle stops having effect when the contract for the vehicle’s purchase is entered into and the vehicle is taken to be an unwarranted vehicle.

15 Amendment of s 188 (Motor salespersons to notify chief executive of changes in circumstances)

Section 188 (1), ‘oral or written’—

omit.

16 Amendment of sch 1, s 1 (Definitions for sch 1)

Schedule 1, section 1 —

insert —

"built date" see section 3C(1).

"class A warranted vehicle" see section 3A.

"class B warranted vehicle" see section 3B.

17 Replacement of sch 1, s 3 (Meaning of warranted vehicle)

Schedule 1, section 3 —

omit, insert —

3 Meaning of warranted vehicle A
"warranted vehicle" is a used motor vehicle other than—

(a) an unregistered motor vehicle that is—

(i) incapable of being registered in Queensland because of its design; or

(ii) a written-off vehicle; or

(b) a motor vehicle sold on consignment, unless the owner of the vehicle is a licensee; or

(c) a commercial vehicle; or

(d) a caravan; or

(e) a motorcycle.

3A Meaning of class A warranted vehicle A
"class A warranted vehicle" is a warranted vehicle that—

(a) on the day of its sale, has an odometer reading of less than 160,000km; and

(b) has a built date of no more than 10 years before the day of its sale.

3B Meaning of class B warranted vehicle A
"class B warranted vehicle" is a warranted vehicle that—

(a) on the day of its sale, has an odometer reading of 160,000km or more; or

(b) has a built date of more than 10 years before the day of its sale.

3C Meaning of built date

(1) Subject to subsection (2), for sections 3A(b) and 3B(b), the
"built date" of a warranted vehicle is—

(a) if the date the vehicle was manufactured is shown on the vehicle—that date; or

(b) if paragraph (a) does not apply—the date stamped or printed on the vehicle’s identification plate.

(2) For a date under subsection (1)(a) or (b) that refers only to a month in a particular year, the date for the paragraph is taken to be the first day of the next month.

(3) In this section—

""
"identification plate" has the meaning given by the Motor Vehicle Standards Act 1989 (Cwlth).

"shown", on a vehicle, means—

(a) stamped on—

(i) a metal component of the vehicle; or

(ii) a plate, other than an identification plate, affixed to the vehicle; or

(b) printed on a label, other than an identification plate, affixed to the vehicle.

18 Amendment of sch 1, s 4 (Meaning of warranty period)

(1) Schedule 1, section 4 (1), ‘ subsection (2), the
"warranty period" of a’—omit, insert —subsection (3), the warranty period of a class A

(2) Schedule 1, section 4 —insert —

(1A) Subject to subsection (3), the
"warranty period" of a class B warranted vehicle starts at the time of taking possession and ends when the first of the following happens or is reached—

(a) the vehicle travels 1,000km since the time of taking possession;

(b) 5p.m. on—

(i) the day 1 month after the time of taking possession if—

(A) that day is not a Sunday or public holiday; and

(B) on that day the warrantor’s place of business is open for business; or

(ii) the first day, after the day 1 month after the time of taking possession, that—

(A) is not a Sunday or public holiday; and

(B) the warrantor’s place of business is open for business.

(3) Schedule 1, section 4 (2), after ‘warranty period’—insert —under subsection (1) or (2)

(4) Schedule 1, section 4 (1A) and (2) —renumber as schedule 1, section 4 (2) and (3).

19 Amendment of sch 1, s 5 (Application of sch 1)

Schedule 1, section 5 (2) —

omit, insert —

(2) However, this schedule does not apply to the sale of a motor vehicle by a licensee to—

(a) another licensee; or

(b) a person holding a licence, however described, under a corresponding law that is similar to a licence under this Act.

20 Insertion of new sch 1, pt 2, div 1 hdg

Schedule 1, before section 6 —

insert —

21 Replacement of sch 1, ss 13 and 14

Schedule 1, sections 13 and 14 —

omit, insert —

22 Amendment of sch 3 (Dictionary)

Schedule 3 —

insert —

"built date", for schedule 1, see schedule 1, section 3C(1).

"class A warranted vehicle", for schedule 1, see schedule 1, section 3A.

"class B warranted vehicle", for schedule 1, see schedule 1, section 3B.

"registered bidder" see section 146A(1).

"restorable vehicle" means a warranted vehicle that is more than 20 years old and is for sale for restoration.

23 Act amended

This part amends the Queensland Civil and Administrative Tribunal Act 2009.

24 Amendment of s 12 (When jurisdiction for minor civil dispute exercised)

(1) Section 12 (4), definition
"relevant person", paragraph (b), ‘to (g)’—omit, insert—to (f)

(2) Section 12 (4), definition
"relevant person", paragraph (e) —omit.

(3) Section 12 (4), definition
"relevant person", paragraphs (f) to (h) —renumber as paragraphs (e) to (g).

25 Amendment of s 13 (Deciding minor civil dispute generally)

(1) Section 13 (2) (a), ‘, (c) or (d)’—omit, insert —or (c)

(2) Section 13 (4) —omit, insert —

(4) Subsection (3) does not apply to a claim that is the subject of a dispute under the Building Act 1975, chapter 8, part 2A.

26 Amendment of s 22 (Effect of review on reviewable decision)

(1) Section 22 (2) —omit, insert—

(2) However, subsection (1) does not apply—

(a) if an enabling Act that is an Act provides otherwise; or

(b) to the extent the operation of all or part of the reviewable decision is stayed by an order of the tribunal under this section that is still in effect.

(2) Section 22 (3), after ‘the operation of’—insert —all or part of

(3) Section 22 (6) (b) —omit, insert —

(b) may impose conditions on the order it considers appropriate; or

(c) may provide for the lifting of the order if stated circumstances occur.

27 Amendment of s 42 (Joining parties)

(1) Section 42, heading, after ‘Joining’—insert —and removing

(2) Section 42 —insert —

(1A) The tribunal may order that a party be removed from a proceeding if the tribunal considers that—

(a) the party’s interests are not, or are no longer, affected by the proceeding; or

(b) the party is not a proper or necessary party to the proceeding, whether or not the party was one originally.

(3) Section 42 (2), after ‘ subsection (1) ’—insert —or (2)

(4) Section 42 (1A) and (2) —renumber as section 42 (2) and (3).

28 Amendment of s 48 (Dismissing, striking out or deciding if party causing disadvantage)

Section 48 (1) (g), after ‘attend’—

insert —

conciliation,

29 Amendment of s 49 (Restriction on new application or referral)

(1) Section 49, heading—omit, insert —

49 Reinstatement of proceeding and restriction on new application or referral

(2) Section 49 —insert —

(5) If the tribunal considers a proceeding has been dismissed or struck out in error, the tribunal may order that the proceeding be reinstated.

(6) The tribunal may act under subsection (5) on the application of a party to the proceeding or on the tribunal’s own initiative.

30 Insertion of new s 51A

After section 51 —

insert —

51A Effect of application under s 51 on decision by default

(1) An application under section 51 to set aside or amend a decision by default does not affect the operation of the decision or prevent the taking of action to implement the decision.

(2) However, the tribunal may make an order staying the operation of the decision by default until the application to set aside or amend the decision is finally decided.

(3) The tribunal may act under subsection (2) on the application of a party to the decision by default or on its own initiative.

31 Insertion of new ch 2, pt 6, div 1A

After section 66 —

insert —

32 Amendment of s 85 (Settlement at mediation)

(1) Section 85, before ‘mediation’—insert —conciliation or

(2) Section 85, before ‘mediator’—insert —conciliator or

33 Amendment of s 86 (Settlement other than in compulsory conference or at mediation)

Section 86, after ‘or at’—

insert —

conciliation or

34 Amendment of s 97 (Requiring witness to attend or produce document or thing)

(1) Section 97 (1), after ‘The tribunal’—insert —or the principal registrar

(2) Section 97 —insert —

(2A) The principal registrar may give a notice under subsection (1) on the application of a party to a proceeding.

(3) Section 97 (4), ‘ subsection (3) ’—omit, insert —subsection (4)

(4) Section 97 (2A) to (5) —renumber as section 97 (3) to (6).

35 Insertion of new s 138A

After section 138 —

insert —

138A Effect of application under s 138 on decision in proceeding

(1) An application under section 138 to reopen a proceeding does not affect the operation of a decision made by the tribunal in the proceeding or prevent the taking of action to implement the decision.

(2) However, the tribunal may make an order staying the operation of the decision made by the tribunal in the proceeding until the application to reopen the proceeding is finally decided.

(3) The tribunal may act under subsection (2) on the application of a party to the decision to reopen the proceeding or on its own initiative.

36 Amendment of s 147 (Deciding appeal on question of fact or mixed law and fact)

Section 147 (3) —

insert —

(c) set aside the decision and return the matter to the tribunal or other entity who made the decision for reconsideration.

37 Replacement of s 191 (Acting senior members and ordinary members)

Section 191 —

omit, insert —

191 Acting senior members

(1) The Minister must establish a pool of persons to act as senior members (the senior members pool).

(2) The Minister may approve a person as a member of the senior members pool only if the person is eligible to be appointed to the office of senior member under section 183(4).

(3) The Minister may—

(a) approve a person as a member of the senior members pool for a specified time; and

(b) cancel the approval of a person as a member of the senior members pool at any time.

(4) The Minister may approve a person as a member of the senior members pool only after consultation with the president.

(5) If there is a vacancy in the office of a senior member or the member is absent or for any other reason is unable to perform the functions of the office, the president may appoint a person from the senior members pool to act as the senior member for a period of not more than 6 months.

(6) A person appointed to act as a senior member—

(a) has the functions of the member’s office; and

(b) is taken to be a senior member for all purposes relating to this Act or an enabling Act.

(7) Without limiting subsection (6), section 187 applies to a person acting as senior member as if the person were a senior member.

(8) A person appointed to act as a senior member may be appointed by the president to act as a senior member for a further period if—

(a) the term of the appointment does not immediately follow the person’s previous appointment as acting senior member; or

(b) the appointment is continuous on 1 or more of the person’s previous appointments as acting senior member and the total period of the continuous appointments is not more than 6 months.

(9) The president may at any time cancel the appointment of a person to act as a senior member.

191A Acting ordinary members

(1) If there is a vacancy in the office of an ordinary member or the member is absent or for any other reason is unable to perform the functions of the office, the Minister may appoint a person to act as the member for a period of not more than 6 months.

(2) The Minister may appoint only a person who is eligible to be appointed to the office under section 183(5).

(3) The Minister may appoint a person to act as an ordinary member only after consultation with the president.

(4) A person appointed to act as an ordinary member—

(a) has the functions of the member’s office; and

(b) is taken to be an ordinary member for all purposes relating to this Act or an enabling Act.

(5) Without limiting subsection (4), section 187 applies to a person acting as ordinary member as if the person were an ordinary member.

(6) A person appointed to act as an ordinary member may be appointed by the Minister to act as an ordinary member for a further period if—

(a) the term of the appointment does not immediately follow the person’s previous appointment as acting ordinary member; or

(b) the appointment is continuous on 1 or more of the person’s previous appointments as acting ordinary member and the total period of the continuous appointments is not more than 6 months.

(7) The Minister may at any time cancel the appointment of a person to act as an ordinary member.

38 Amendment of s 206C (Definitions for pt 4B)

(1) Section 206C, definition
"excluded minor civil dispute", paragraph (d) —omit.

(2) Section 206C, definition
"excluded minor civil dispute", paragraphs (e) to (g) —renumber as paragraphs (d) to (f).

39 Amendment of s 216 (False or misleading information)

Section 216 (4), definition
"official", paragraph (b), before ‘mediator’—

insert —

conciliator or

40 Amendment of s 218 (Contempt of tribunal)

(1) Section 218 (1) (b) and (d), ‘mediation or conciliation’—omit, insert—conciliation or mediation

(2) Section 218 (1) (c), after ‘by the tribunal’—insert —or the principal registrar

41 Amendment of s 237 (Immunity of participants etc.)

(1) Section 237 (3), from ‘A mediator’ to ‘or conciliator,’—omit, insert—A conciliator or mediator has, in the performance of the conciliator’s or mediator’s functions as a conciliator or mediator,

(2) Section 237 (11), definition
"conciliator" —omit.

42 Renumbering of ch 10, div 2 (Transitional provision for Civil Proceedings Act 2011)

Chapter 10, division 2 —

renumber as chapter 10, part 1.

43 Insertion of new ch 10, pt 2

Chapter 10 —

insert —

44 Amendment of sch 3 (Dictionary)

(1) Schedule 3 —insert —

"conciliator" means a person who conducts conciliation under this Act.

(2) Schedule 3, definition
"constitute" —omit, insert —

"constitute", the tribunal—

(a) in relation to a member—means to constitute the tribunal whether by sitting alone or with other members; or

(b) in relation to an adjudicator—means to constitute the tribunal by sitting alone.

(3) Schedule 3, definition
"minor civil dispute", item 1, paragraph (d) —omit.

(4) Schedule 3, definition
"minor civil dispute", item 1, paragraph (g), note, ‘ paragraph (g) ’—omit, insert—paragraph (f)

(5) Schedule 3, definition
"minor civil dispute", item 1, paragraphs (e) to (g) —renumber as item 1, paragraphs (d) to (f).

(6) Schedule 3, definition
"minor civil dispute" —insert —

3 A claim mentioned in paragraph 1(b) does not include a claim in a proceeding to which the Fair Trading Act 1989, section 50A applies.

(7) Schedule 3, definition
"non-publication order", paragraph (b) —omit, insert —

(b) a confidentiality order under the repealed Adoption of Children Act 1964, section 36M(1); or

(ba) a confidentiality order under the Adoption Act 2009, section 307N(1); or

(8) Schedule 3, definition
"non-publication order", paragraphs (ba) to (e) —renumber as paragraphs (c) to (f).

(9) Schedule 3, definition
"official" —insert —

(ba) a conciliator; or

(10) Schedule 3, definition
"official", paragraphs (ba) to (g) —renumber as paragraphs (c) to (h).

45 Act amended

This part amends the Residential Tenancies and Rooming Accommodation Act 2008.

46 Replacement of s 516 (Applications for more than prescribed amount)

Section 516 —

omit, insert—

516 Applications for more than prescribed amount

(1) This section applies if—

(a) a provision of this Act provides that an application may be made to a tribunal about a matter; and

(b) a person seeks the payment of an amount or other relief of a value greater than the prescribed amount under the QCAT Act in relation to the matter.

(2) A provision of this Act about the matter applies—

(a) as if a reference to a tribunal were a reference to a court with jurisdiction for the amount or value of relief sought; and

(b) with all other necessary changes to give effect to paragraph (a).

© State of Queensland 2018