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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TOURISM, RACING AND FAIR
TRADING (NATIONAL
COMPETITION POLICY)
AMENDMENT BILL 2002
Queensland
TOURISM, RACING AND FAIR TRADING
(NATIONAL COMPETITION POLICY)
AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF BUSINESS NAMES ACT 1962
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Omission of s 8 (Resident agent) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 12 (Notification of changes in particulars relating to registered
business names, cessation of business etc.). . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 31 (As to service of notices and lodging of statements) . . 5
PART 3--AMENDMENT OF CREDIT (RURAL FINANCE) ACT
1996
7 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Amendment of s 7 (Mortgagee must give default notice) . . . . . . . . . . . . . . . 6
9 Amendment of s 8 (Requirements for default notice) . . . . . . . . . . . . . . . . . . 6
10 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 3A--PARTICULAR PROVISIONS FOR HIRE-PURCHASE
AGREEMENTS WHERE FARM EQUIPMENT IS REPOSSESSED
17A Application of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17B Meaning of "hire-purchase agreement" . . . . . . . . . . . . . . . . . . . . . . . 7
17C Action after notice given to mortgagee . . . . . . . . . . . . . . . . . . . . . . . 8
17D Return of farm equipment when breach remedied. . . . . . . . . . . . . . . 8
17E Return of farm equipment when breach not remedied. . . . . . . . . . . . 9
17F Effect of breaches being remedied. . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2
Tourism, Racing and Fair trading (National
Competition Policy) Amendment Bill 2002
17G Amount mortgagor may recover if farm equipment is not returned . 9
17H Maximum amount mortgagee may recover . . . . . . . . . . . . . . . . . . . . 10
17I Mortgagee to obtain best price. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Amendment of s 18 (Compensation for noncompliance by mortgagee). . . . 10
12 Omission of s 22 (Approval of forms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 4--AMENDMENT OF HIRE-PURCHASE ACT 1959
14 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Insertion of new s 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Insertion of new s 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 5--REPEAL AND MINOR AMENDMENTS
18 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 17
CONSEQUENTIAL AMENDMENTS
BILLS OF SALE AND OTHER INSTRUMENTS ACT 1955. . . . . . . . . . . 17
DISPOSAL OF UNCOLLECTED GOODS ACT 1967 . . . . . . . . . . . . . . . . 17
FAIR TRADING ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
MOTOR VEHICLES SECURITIES ACT 1986 . . . . . . . . . . . . . . . . . . . . . . 18
2002
A BILL
FOR
An Act to amend Acts administered by the Minister for Tourism and
Racing and Minister for Fair Trading to facilitate the implementation
of certain national competition policy measures, and for related and
other purposes
s1 4 s4
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Tourism, Racing and Fair Trading 4
(National Competition Policy) Amendment Act 2002. 5
2 Commencement
Clause 6
(1) The following provisions commence on assent-- 7
(a) sections 18 and 19; 8
(b) the schedule, but only to the extent that it amends the Fair 9
Trading Act 1989. 10
(2) The remaining provisions commence on a day to be fixed by 11
proclamation. 12
PART 2--AMENDMENT OF BUSINESS NAMES ACT 13
1962 14
3 Act amended in pt 2
Clause 15
This part amends the Business Names Act 1962. 16
4 Omission of s 8 (Resident agent)
Clause 17
Section 8-- 18
omit. 19
s5 5 s6
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
5 Amendment of s 12 (Notification of changes in particulars relating
Clause 1
to registered business names, cessation of business etc.) 2
(1) Section 12(1)-- 3
omit, insert-- 4
`(1) Subsection (1A) applies if-- 5
(a) a person has a business name registered under this Act; and 6
(b) a place where business is carried on under that name (a "place of 7
business"), or the address of a place of business, changes. 8
`(1A) The person must, within 1 month after the change, lodge with the 9
registrar a statement in the approved form-- 10
(a) signed by the person or another person in whose name the 11
business name was registered at the time of the change; and 12
(b) stating when the change occurred and particulars of the new 13
place of business or address.'. 14
(2) Section 12(4), from paragraph (b)-- 15
omit, insert-- 16
`(b) who is a corporation--the corporation name and the place of the 17
registered office of the corporation.'. 18
(3) Section 12(5) to 12(7)-- 19
omit. 20
(4) Section 12(8), (9) and (10)-- 21
renumber as section 12(5), (6) and (7) respectively. 22
6 Amendment of s 31 (As to service of notices and lodging of
Clause 23
statements) 24
Section 31(1)(c)-- 25
omit. 26
s7 6 s9
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
PART 3--AMENDMENT OF CREDIT (RURAL 1
FINANCE) ACT 1996 2
7 Act amended in pt 3
Clause 3
This part amends the Credit (Rural Finance) Act 1996. 4
8 Amendment of s 7 (Mortgagee must give default notice)
Clause 5
Section 7(2)(b), `a notice'-- 6
omit, insert-- 7
`written notice'. 8
9 Amendment of s 8 (Requirements for default notice)
Clause 9
(1) Section 8(1)-- 10
omit. 11
(2) Section 8(2)(e)-- 12
renumber as section 8(2)(f). 13
(3) Section 8(2)-- 14
insert-- 15
`(e) for a mortgage that is a hire-purchase agreement, a best price 16
estimate for the farm equipment; and'. 17
(4) Section 8(3)(d)-- 18
renumber as section 8(3)(e). 19
(5) Section 8(3)-- 20
insert-- 21
`(d) for a mortgage that is a hire-purchase agreement, a best price 22
estimate for the farm equipment; and'. 23
(6) Section 8(2), (3) and (4) as amended-- 24
renumber as section 8(1), (2) and (3) respectively. 25
s 10 7 s 10
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
10 Insertion of new pt 3A
Clause 1
After section 17-- 2
insert-- 3
`PART 3A--PARTICULAR PROVISIONS FOR 4
HIRE-PURCHASE AGREEMENTS WHERE FARM 5
EQUIPMENT IS REPOSSESSED 6
`17A Application of pt 3A 7
`This part applies if-- 8
(a) the mortgagor under a mortgage that is a hire-purchase 9
agreement has defaulted under the mortgage; and 10
(b) the mortgagee has exercised, or purported to exercise, a right 11
under the mortgage to take possession of the farm equipment. 12
`17B Meaning of "hire-purchase agreement" 13
`(1) A "hire-purchase agreement" is an agreement entered into after 14
the commencement of this section, under which-- 15
(a) farm equipment is let or hired to a farmer and the farmer has an 16
option to purchase the farm equipment; or 17
(b) a farmer agrees to purchase farm equipment by instalments, 18
whether the instalments are described as rent, hire or something 19
else. 20
`(2) Two or more agreements, which individually are not hire-purchase 21
agreements, are also a "hire-purchase agreement", from the time the last 22
agreement is entered into, if under the agreements-- 23
(a) there is a bailment of farm equipment to a farmer; and 24
(b) the farmer may purchase the farm equipment or the property in 25
the farm equipment may pass to the farmer. 26
`(3) However, a "hire-purchase agreement" does not include an 27
agreement mentioned in subsection (1) or (2) if-- 28
(a) the property in the farm equipment passes to the farmer-- 29
(i) at the time the agreement is entered into; or 30
s 10 8 s 10
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
(ii) at any time before delivery of the farm equipment; or 1
(b) the total market value of the farm equipment at the time the 2
agreement is entered into is more than $40 000 000. 3
`(4) In this section-- 4
"farmer", for a hire-purchase agreement, does not include a farmer 5
engaged in the business of selling farm equipment of the same nature 6
or description as the farm equipment being let, hired, purchased or 7
bailed under the agreement. 8
`17C Action after notice given to mortgagee 9
`The mortgagor may within 30 days after the mortgagee takes possession 10
of the farm equipment give the mortgagee written notice requiring the 11
mortgagee to-- 12
(a) sell the farm equipment to a person nominated by the mortgagor 13
at a price not less than the best price estimate for the farm 14
equipment stated in the default notice; or 15
(b) return the farm equipment to the mortgagor under section 17D. 16
`17D Return of farm equipment when breach remedied 17
`The mortgagee must return the farm equipment to the mortgagor if, 18
within 14 days after the mortgagee receives a notice under section 17C(b), 19
the mortgagor-- 20
(a) pays or tenders to the mortgagee the amount owing under the 21
mortgage for the period ending on the day the mortgagor pays or 22
tenders the amount; and 23
(b) pays or tenders to the mortgagee-- 24
(i) the mortgagee's enforcement expenses; and 25
(ii) any expense the mortgagee must reasonably incur to return 26
the farm equipment to the mortgagor; and 27
(c) remedies any other breach of the mortgage, or if the mortgagor 28
can not remedy the breach, pays or tenders to the mortgagee any 29
expense the mortgagee must reasonably incur to remedy the 30
breach. 31
Maximum penalty--500 penalty units. 32
s 10 9 s 10
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
`17E Return of farm equipment when breach not remedied 1
`(1) This section applies if the mortgagee returns the farm equipment to 2
the mortgagor and the mortgagor has not remedied a breach of the 3
mortgage. 4
`(2) The mortgagee may again take possession of the farm equipment 5
if-- 6
(a) the mortgagee gives the mortgagor, when the farm equipment is 7
returned, written notice-- 8
(i) stating the breach and how the mortgagor may remedy the 9
breach; and 10
(ii) requiring the mortgagor to remedy the breach within 11
14 days, or a longer period stated in the notice, after the 12
notice is given; and 13
(b) the mortgagor does not remedy the breach within 14 days, or the 14
longer period stated in the notice, after the notice is given. 15
`17F Effect of breaches being remedied 16
`(1) This section applies if-- 17
(a) the farm equipment is returned under section 17D; or 18
(b) section 17E applies and the mortgagor remedies the breach 19
mentioned in a notice given under section 17E(2)(a) within 20
14 days, or the longer period stated in the notice, after the notice 21
is given. 22
`(2) The mortgage operates as if a breach had not occurred and the 23
mortgagee had not taken possession of the farm equipment. 24
`17G Amount mortgagor may recover if farm equipment is not 25
returned 26
`(1) This section applies-- 27
(a) if-- 28
(i) the mortgagee does not return the farm equipment to the 29
mortgagor; and 30
(ii) the repossession value of the farm equipment is-- 31
s 11 10 s 11
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
(A) at least equal to the net amount payable under the 1
mortgage; or 2
(B) less than the net amount payable under the mortgage, 3
but the total of the repossession value and the actual 4
payments is more than the net amount payable; and 5
(b) whether or not the mortgagor gives the mortgagee notice under 6
section 17C. 7
`(2) The mortgagor may recover from the mortgagee an amount equal to 8
the total of the repossession value and the actual payments, less the net 9
amount payable. 10
`17H Maximum amount mortgagee may recover 11
`(1) This section applies-- 12
(a) if the mortgagee does not return the farm equipment to the 13
mortgagor; and 14
(b) whether or not the mortgagor gives the mortgagee notice under 15
section 17C. 16
`(2) The mortgagee may not recover an amount under the mortgage, by 17
judgment, order or otherwise, that is more than the net amount payable less 18
the total of the repossession value and the actual payments. 19
`17I Mortgagee to obtain best price 20
`(1) This section applies if the mortgagee sells the farm equipment to a 21
person other than a person nominated by the mortgagor in a notice under 22
section 17C(a). 23
`(2) The onus of proving the mortgagee obtained the best price the 24
mortgagee could reasonably have obtained for the farm equipment when 25
the mortgagee took possession of the farm equipment is on the mortgagee.'. 26
11 Amendment of s 18 (Compensation for noncompliance by
Clause 27
mortgagee) 28
Section 18(1), from `or'-- 29
s 12 11 s 13
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
omit, insert-- 1
`, 17 or 17D. '.
1
2
12 Omission of s 22 (Approval of forms)
Clause 3
Section 22-- 4
omit. 5
13 Amendment of schedule (Dictionary)
Clause 6
(1) Schedule, definitions "approved form", "mortgagee" and 7
"mortgagor"-- 8
omit. 9
(2) Schedule-- 10
insert-- 11
` "actual payments", for a mortgage that is a hire-purchase agreement, 12
means the amount already paid or provided by the mortgagor under 13
the mortgage. 14
"best price estimate", for farm equipment under a mortgage that is a 15
hire-purchase agreement, means an estimate of the best price that 16
could reasonably be obtained for the farm equipment if the farm 17
equipment was sold when the mortgagee took possession of it. 18
"hire-purchase agreement" see section 17B. 19
"insurance rebate", for a mortgage that is a hire-purchase agreement, 20
means an amount calculated using the formula-- 21
3×C×R
---------------------- + U
-
40
where -- 22
1 Section 7 (Mortgagee must give default notice), 15 (Effect of serving notice of
application), 17 (Compliance with relieving order) or 17D (Return of farm
equipment when breach remedied)
s 13 12 s 13
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
"C" means the amount payable to the mortgagee under the mortgage 1
for insurance, other than third-party insurance, for an annual 2
period that has commenced. 3
"R" means the number of complete months remaining in the annual 4
period that has commenced. 5
"U" means the amount payable to the mortgagee under the mortgage 6
for insurance, other than third-party insurance, for an annual 7
period that has not commenced. 8
"maintenance rebate", for a mortgage that is a hire-purchase agreement, 9
means an amount calculated using the formula-- 10
M×R
--------------
-
T
where-- 11
"M" means the amount payable to the mortgagee under the mortgage 12
for the maintenance of the farm equipment. 13
"R" means the number of complete months in the remaining period of 14
the mortgage. 15
"T" means the number of complete months in the total period of the 16
mortgage. 17
"mortgage" includes hire-purchase agreement. 18
"mortgagee" means-- 19
(a) for a mortgage that is a hire-purchase agreement-- 20
(i) the person letting, hiring, agreeing to sell or bailing farm 21
equipment under the mortgage (the "owner"); or 22
(ii) an assignee of the owner's rights and obligations under the 23
mortgage; or 24
(b) otherwise-- 25
(i) the person to whom the mortgage is given (the "original 26
mortgagee"); or 27
(ii) an assignee of the original mortgagee's rights and 28
obligations under the mortgage. 29
"mortgagee's enforcement expenses", for repossession of farm 30
equipment under a mortgage that is a hire-purchase agreement, means 31
s 13 13 s 13
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
the total amount of the mortgagee's reasonable expenses in relation 1
to-- 2
(a) taking possession of the farm equipment; and 3
(b) storing, repairing and maintaining the farm equipment while in 4
the mortgagee's possession; and 5
(c) selling or disposing of the farm equipment (whether or not the 6
farm equipment is sold or disposed of). 7
"mortgagor" means-- 8
(a) for a mortgage that is a hire-purchase agreement-- 9
(i) the person to whom the farm equipment is let, hired, agreed 10
to be sold or bailed under the mortgage (the "hirer"); or 11
(i) an assignee of the hirer's rights and obligations under the 12
mortgage; or 13
(b) otherwise-- 14
(i) the person by whom the mortgage is given (the "original 15
mortgagor"); or 16
(ii) an assignee of the original mortgagor's rights and 17
obligations under the mortgage. 18
"net amount payable", for a mortgage that is a hire-purchase agreement, 19
means the total amount payable less the total of the following 20
amounts-- 21
(a) the insurance rebate; 22
(b) the maintenance rebate; 23
(c) the terms charges rebate. 24
"repossession value" of farm equipment under a mortgage that is a 25
hire-purchase agreement, means-- 26
(a) if the farm equipment is sold to a person nominated by the 27
mortgagor in a notice under section 17C(a)--the sale price less 28
the mortgagee's enforcement expenses; or 29
(b) otherwise--the best price that could reasonably be obtained for 30
the farm equipment if the farm equipment was sold when the 31
mortgagee took possession of it, less the mortgagee's 32
enforcement expenses. 33
s 13 14 s 13
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
"terms charges", for a mortgage that is a hire-purchase agreement, means 1
the amount of the charges payable under the mortgage, other than a 2
charge for-- 3
(a) insurance, maintenance or delivery of the farm equipment; or 4
(b) vehicle registration fees; or 5
(c) stamp duty. 6
"terms charges rebate", for a mortgage that is a hire-purchase agreement, 7
means-- 8
(a) if the terms charges are calculated on a simple interest basis at a 9
rate stated in the mortgage on the amount, not including the 10
terms charges, owing from month to month--the amount of 11
interest attributable to the remaining period of complete months 12
of the mortgage; or 13
(b) otherwise--an amount calculated using the formula-- 14
P×R
------------
-
T
where-- 15
"P" means the total amount of terms charges payable under the 16
mortgage. 17
"R" means the total of all the whole numbers from 1 to the 18
number of complete months in the remaining period of the 19
mortgage. 20
"T" means the total of all the whole numbers from 1 to the 21
number of complete months in the total period of the 22
mortgage. 23
"total amount payable", for a mortgage that is a hire-purchase agreement, 24
means the total amount to be paid or provided, under the mortgage by 25
the mortgagor. 26
"vehicle registration fees" means an amount to be paid or provided by the 27
mortgagee under a mortgage for registration of a motor vehicle, 28
including any amount payable for third-party insurance.'. 29
s 14 15 s 17
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
PART 4--AMENDMENT OF HIRE-PURCHASE ACT 1
1959 2
14 Act amended in pt 4
Clause 3
This part amends the Hire-purchase Act 1959. 4
15 Amendment of s 1 (Short title)
Clause 5
(1) Heading preceding section 1(4)-- 6
omit. 7
(2) Section 1(4)-- 8
omit. 9
16 Insertion of new s 1A
Clause 10
After section 1-- 11
insert-- 12
`1A Application of Act 13
`This Act does not apply to a hire-purchase agreement entered into after 14
the commencement of this section.'. 15
17 Insertion of new s 47
Clause 16
After section 46-- 17
insert-- 18
`47 Expiry 19
`This Act expires on 30 June 2010.'. 20
s 18 16 s 19
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
PART 5--REPEAL AND MINOR AMENDMENTS 1
18 Repeal
Clause 2
The Profiteering Prevention Act 1948 is repealed. 3
19 Acts amended in schedule
Clause 4
The schedule amends the Acts it mentions. 5
17
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
SCHEDULE 1
CONSEQUENTIAL AMENDMENTS 2
section 19 3
BILLS OF SALE AND OTHER INSTRUMENTS ACT 1955 4
1 Section 6D(2), definition "hire-purchase agreement", after 5
`1959'-- 6
insert-- 7
`or the Credit (Rural Finance) Act 1996'. 8
DISPOSAL OF UNCOLLECTED GOODS ACT 1967 9
1 Section 3, definition "hire-purchase agreement", after `1959'-- 10
insert-- 11
`or the Credit (Rural Finance) Act 1996'. 12
FAIR TRADING ACT 1989 13
1 Section 5, definition "inspector"-- 14
omit, insert-- 15
` "inspector" means-- 16
(a) the commissioner; or 17
(b) an inspector appointed for the purposes of this Act; or 18
18
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
SCHEDULE (continued)
(c) an inspector as defined by the Trade Measurement 1
Administration Act 1990, section 3.'. 2
MOTOR VEHICLES SECURITIES ACT 1986 3
1 Section 5, definition "hire-purchase agreement", after `1959'-- 4
insert-- 5
`or the Credit (Rural Finance) Act 1996'. 6
7
© State of Queensland 2002
AMENDMENTS TO BILL
1
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
TOURISM, RACING AND FAIR TRADING
(NATIONAL COMPETITION POLICY)
AMENDMENT BILL 2002
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 9--
At page 6, lines 12 to 24--
omit, insert--
`(2) Section 8(2), (3) and (4)--'.
2 Clause 10--
At page 8, after line 8--
insert--
`17BA Mortgagee must give notice of best price estimate and expenses
`The mortgagee must, within 30 days after the mortgagee takes
possession of the farm equipment, give the mortgagor a written notice
stating--
(a) a best price estimate for the farm equipment; and
(b) the mortgagee's estimate of the mortgagee's enforcement
expenses; and
(c) the mortgagee's estimate of any expense the mortgagee must
reasonably incur to return the farm equipment to the mortgagor.
Maximum penalty--500 penalty units.'.
2
Tourism, Racing and Fair Trading (National
Competition Policy) Amendment Bill 2002
3 Clause 10--
At page 8, lines 10 to 15--
omit, insert--
`The mortgagor may, within 21 days after the mortgagee gives the
mortgagor notice under section 17BA, give the mortgagee written notice
requiring the mortgagee to--
(a) sell the farm equipment to a person nominated by the mortgagor
at a price not less than the best price estimate for the farm
equipment stated in the notice given under section 17BA; or'.
4 Clause 11--
At page 11, line 2--
omit, insert--
`, 17, 17BA or 17D.1'.
1 Section 7 (Mortgagee must give default notice), 15 (Effect of serving notice of
application), 17 (Compliance with relieving order), 17BA (Mortgagee must give
notice of best price estimate and expenses) or 17D (Return of farm equipment when
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