Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

FAIR TRADING INSPECTORS ACT 2014

- As at 1 December 2014
- Act 8 of 2014

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Act binds all persons
   4.      Operation of Act
   5.      Modifying operation of Act for Manufactured Homes (Residential Parks) Act 2003
   6.      Modifying operation of Act for Property Occupations Act 2014
   7.      Modifying operation of Act for Residential Services (Accreditation) Act 2002
   8.      Modifying operation of Act for Retirement Villages Act 1999
   9.      Modifying operation of Act for Tourism Services Act 2003
   10.     (Repealed)
   11.     Definitions

CHAPTER 2 - INSPECTORS

   PART 1 - GENERAL PROVISIONS ABOUT INSPECTORS

           Division 1 - Functions

   12.     Functions of inspectors

           Division 2 - Appointment

   13.     Appointment and qualifications
   14.     Appointment conditions and limit on powers
   15.     When office ends
   16.     Resignation

           Division 3 - Identity cards

   17.     Issue of identity card
   18.     Production or display of identity card
   19.     Return of identity card

           Division 4 - Miscellaneous provisions

   20.     References to exercise of powers
   21.     Reference to document includes reference to reproductions from electronic document

   PART 2 - ENTRY TO PLACES BY INSPECTORS

           Division 1 - Power to enter

   22.     General power to enter places

           Division 2 - Entry by consent

   23.     Application of div 2
   24.     Incidental entry to ask for access
   25.     Matters inspector must tell occupier
   26.     Consent acknowledgement

           Division 3 - Entry under warrant

              Subdivision 1 - Obtaining warrant

   27.     Application for warrant
   28.     Issue of warrant
   29.     Electronic application
   30.     Additional procedure if electronic application
   31.     Defect in relation to a warrant

              Subdivision 2 - Entry procedure

   32.     Procedure

   PART 3 - OTHER INSPECTORS’ POWERS AND RELATED MATTERS

           Division 1 - Stopping or moving vehicles

   33.     Application of div 1
   34.     Power to stop or move
   35.     Identification requirements if vehicle moving
   36.     Failure to comply with direction

           Division 2 - General powers of inspectors after entering places

   37.     Application of div 2
   38.     General powers
   39.     Power to require reasonable help
   40.     Offence to contravene help requirement

           Division 3 - Seizure by inspectors and forfeiture

              Subdivision 1 - Power to seize

   41.     Seizing evidence at a place that may be entered without consent or warrant
   42.     Seizing evidence at a place that may be entered only with consent or warrant
   43.     Seizure of property subject to security

              Subdivision 2 - Powers to support seizure

   44.     Power to secure seized thing
   45.     Offence to contravene other seizure requirement
   46.     Offence to interfere

              Subdivision 3 - Safeguards for seized things

   47.     Receipt and information notice for seized thing
   48.     Access to seized thing
   49.     Return of seized thing

              Subdivision 4 - Forfeiture

   50.     Forfeiture by chief executive decision
   51.     Information notice about forfeiture decision

              Subdivision 5 - Dealing with property forfeited or transferred to the State

   52.     When thing becomes property of the State
   53.     How property may be dealt with

           Division 4 - Disposal orders

   54.     Disposal order

           Division 5 - Other information-obtaining powers of inspectors

   55.     Power to require name and address
   56.     Offence to contravene personal details requirement
   57.     Power to require production of document
   58.     Offence to contravene document production requirement
   59.     Offence to contravene document certification requirement
   60.     Power to require information
   61.     Offence to contravene information requirement

   PART 4 - OBTAINING CRIMINAL HISTORY REPORTS

   62.     Purpose of pt 4
   63.     Chief executive’s power to obtain criminal history report
   64.     Criminal history is confidential document

   PART 5 - MISCELLANEOUS PROVISIONS RELATING TO INSPECTORS

           Division 1 - Damage

   65.     Duty to avoid inconvenience and minimise damage
   66.     Notice of damage

           Division 2 - Compensation

   67.     Compensation

           Division 3 - Other offences relating to inspectors

   68.     Giving inspector false or misleading information
   69.     Obstructing inspector
   70.     Impersonating inspector

           Division 4 - Other provisions

   71.     Evidential immunity for individuals complying with particular requirements

CHAPTER 3 - APPEALS, EVIDENCE AND LEGAL PROCEEDINGS

   PART 1 - REVIEWS AND APPEALS

           Division 1 - Right of appeal

   72.     Right of appeal

           Division 2 - Internal review of decisions

   73.     Appeal process starts with internal review
   74.     How to apply for review
   75.     Stay of operation of decision
   76.     Review decision

           Division 3 - Appeals

   77.     Who may appeal
   78.     Procedure for an appeal to the court
   79.     Stay of operation of review decision
   80.     Powers of court on appeal
   81.     Effect of decision of court on appeal

   PART 2 - EVIDENCE AND LEGAL PROCEEDINGS

           Division 1 - Evidentiary provisions

   82.     Application of div 1
   83.     Authority
   84.     Signatures
   85.     Other evidentiary aids

           Division 2 - Offence proceedings

   86.     Offences under Act are summary
   87.     Statement of complainant’s knowledge

CHAPTER 4 - MISCELLANEOUS PROVISIONS

   88.     Supervision by inspector
   89.     Reasonable excuse defences
   90.     Protection from liability for particular persons
   91.     Delegation by chief executive
   92.     Confidentiality of information
   93.     Approved forms
   94.     Regulation-making power

CHAPTER 5 - TRANSITIONAL PROVISIONS

   PART 1 - PURPOSES, DEFINITIONS AND GENERAL APPROACH

   95.     Main purposes of ch 5
   96.     Definitions for ch 5
   97.     References to primary Act for ch 5
   98.     Document, action, obligation or protection under previous provision of primary Act
   99.     Terminology in things mentioned in s 98(1)
   100.    Period stated in previous provision
   101.    Period or date stated in document given under previous provision
   102.    Action happening before commencement may be relevant to proceeding for particular acts or omissions
   103.    Acts Interpretation Act 1954, s 20 not limited

   PART 2 - TRANSITIONAL PROVISIONS RELATING TO PARTICULAR PROVISIONS OF PRIMARY ACTS

           Division 1 - Examples for chapter 2

   104.    Examples for ch 2 of documents under s 98
   105.    Examples for ch 2 of obligations under s 98
   106.    Examples for ch 2 of protections under s 98

           Division 2 - General matters

   107.    Existing authorised officers
   108.    Existing inspectors
   109.    Reviews and appeals
   110.    References in Acts and documents
           SCHEDULE 1


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback