Queensland Consolidated Acts

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TOURISM SERVICES ACT 2003 - SECT 29

29 Immediate suspension

(1) This section applies if the commissioner considers, on reasonable grounds, that--

(a) a registrant is contravening, or has contravened this Act, the Fair Trading Act 1989, the Competition and Consumer Act 2010 (Cwlth) or a corresponding law; and
Note--
A contravention of the Fair Trading Act 1989 includes a contravention of the Australian Consumer Law (Queensland) which forms part of that Act.
(b) tourists may suffer, or have suffered, detriment because of the contravention.
Example for subsection (1)--
A registrant takes tourists to a retail outlet, for which the registrant receives a commission from the owner of the outlet, to purchase goods in circumstances that contravene section 35. The tourists purchase goods from the outlet. The tourists could have purchased goods of the same or a similar quality from other retail outlets in the vicinity at a considerably lower price. This was known to the registrant who failed to tell the tourists. Because of the contravention the tourists have suffered detriment.

(2) The commissioner may suspend the registrant's registration for not more than 28 days.

(3) The suspension--

(a) must be effected by a QCAT information notice given to the registrant for the decision to suspend the registration; and
(b) operates immediately the notice is given.

(4) The registrant must return the registration certificate to the commissioner within 14 days after the registrant is given the QCAT information notice, unless the registrant has a reasonable excuse.

Maximum penalty for subsection (4)--100 penalty units.



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