Travel Agents Act 1988

Queensland Travel Agents Act 1988 Current as at 1 November 2013 Reprint note This is the last reprint before repeal. Repealed on 1 July 2014 by 2014 Act No. 30 s 52.

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Travel Agents Act 1988 Contents Part 1 1 3 5 6 7 9 10 11 Part 2 12 13 Part 3 Division 1 14 15 15A 15B 15C 16 17 18 19 20 21 22 23 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Objective of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Appointed day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Act binds Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Business of travel agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Changes to Act’s application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Restriction on carrying on business as travel agent Travel agents to be licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Injunction upon application by commissioner . . . . . . . . . . . . . . . . 9 Licences Issue of licences Application for a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Investigation of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Investigation of applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Costs of criminal history report. . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Confidentiality of criminal history . . . . . . . . . . . . . . . . . . . . . . . . . 12 Objection to application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Applicant may make submission upon objections . . . . . . . . . . . . 13 Determination of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Duration of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Licence not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Duplicate licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Register of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Travel Agents Act 1988 Contents Division 2 24 25 Division 3 26 26A 27 27A 28 Division 4 29 30 Part 4 31 32 33 34 35 Part 5 36 36A 36B 37 38 39 40 41 42 43 Part 6 44 44A Disciplinary proceedings Notice to show cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Determination of disciplinary measures by the commissioner . . . Review by QCAT of particular decisions Review of commissioner’s decisions . . . . . . . . . . . . . . . . . . . . . . QCAT’s power on review of particular decisions by the commissioner ................................ Review of compensation scheme trustees’ decisions about participation in the compensation scheme . . . . . . . . . . . . . . . . . . QCAT’s power on review of particular compensation scheme trustees’ decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conducting and deciding reviews concurrently . . . . . . . . . . . . . . Death of licensee Death of licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Endorsement of conditions etc. on licence. . . . . . . . . . . . . . . . . . Conduct of business Notice to be displayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Travel agent to use authorised name . . . . . . . . . . . . . . . . . . . . . . Accounts to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supervision of business of travel agent . . . . . . . . . . . . . . . . . . . . Employment of disqualified person. . . . . . . . . . . . . . . . . . . . . . . . The compensation scheme Approval of trust deed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Validation of certain amendments . . . . . . . . . . . . . . . . . . . . . . . . Validation of certain acts etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation of licensee to be a member of the compensation scheme .................................... Compensation fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licensees required to pay contributions . . . . . . . . . . . . . . . . . . . . Persons entitled to compensation . . . . . . . . . . . . . . . . . . . . . . . . Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation scheme trustees to have certain rights by subrogation and otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name in which trustees may sue and be sued. . . . . . . . . . . . . . . Miscellaneous Delegation by commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 20 22 23 23 24 25 25 26 26 26 27 27 27 28 29 29 29 30 30 30 31 31 33 33 33 Page 2

Travel Agents Act 1988 Contents 45 Certain powers of entry etc. for records required to be kept under Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 45A Entry of place by authorised officer . . . . . . . . . . . . . . . . . . . . . . . 35 45B Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 45C Warrants—applications made otherwise than in person . . . . . . . 36 45D Authorised officer’s general powers in a place . . . . . . . . . . . . . . . 38 45E Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 39 45F Procedure after thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 45G Obstructing etc. authorised officers . . . . . . . . . . . . . . . . . . . . . . . 41 45H Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 45I Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 45J Evidence of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 46 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 47 Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 48 Report on operation of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 49 Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 50 False or misleading information or documents . . . . . . . . . . . . . . . 44 51 Return of licences suspended or cancelled . . . . . . . . . . . . . . . . . 45 53 Offences generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 54 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 55 Fees and penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 56 Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 56A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 57 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . 49 49 50 50 51 53 56 Page 3

Travel Agents Act 1988 Travel Agents Act 1988 Part 1 Preliminary [s 1] [as amended by all amendments that commenced on or before 1 November 2013] An Act to provide for the licensing of travel agents and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Travel Agents Act 1988 . 3 Objective of Act The principal objective of this Act is to— (a) provide for the licensing of travel agents in Queensland; and (b) provide for the regulation of the conduct of business as a travel agent; and (c) provide access to the travel industry compensation fund by consumers entitled to compensation under this Act. 5 Appointed day For the purposes of this Act, the Governor may by proclamation appoint a day in this Act referred to as the appointed day. 6 Definitions In this Act— Current as at 1 November 2013 Page 5

Travel Agents Act 1988 Part 1 Preliminary [s 6] appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing — a person’s classification level in the public service approved form see section 56A. authorised name in respect of a licensed travel agent means— (a) the name of the travel agent as it appears in the licence; or (b) a name in which the travel agent is authorised by the commissioner to carry on business. authorised officer means— (a) the commissioner; or (b) an inspector; or (c) another person authorised in writing in that behalf by the commissioner. commissioner means the commissioner for fair trading appointed under the Fair Trading Act 1989 . commissioner for consumer affairs means the commissioner. Note — See sections 16, 24, 46 and 47 for use of this expression. compensation fund means the compensation fund maintained as provided in part 5. compensation scheme means the scheme established by the trust deed. compensation scheme trustees means the trustees for the time being by whom the compensation scheme is administered. corresponding law means a law of another State declared by regulation to be a corresponding law for the purposes of this Act. Page 6 Current as at 1 November 2013

Travel Agents Act 1988 Part 1 Preliminary [s 7] criminal history , of a person, means a person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions. exempted person means a person to whom, by reason of section 7(2) or a regulation under section 10, section 12 does not apply. inspector means an inspector appointed under the Fair Trading Act 1989 . licence means a licence in force at the material time under this Act. officer of a corporation, see the Corporations Act, section 9. QCAT information notice means a notice complying with the QCAT Act, section 157(2). sale in respect of rights, includes the conferral or assignment of the rights. spent conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act. trust deed means the trust deed, including any amendment to the trust deed, approved for the time being under section 36. vehicle includes a boat, aircraft and other means of transport. 7 Act binds Crown (1) This Act binds the Crown not only in right of Queensland but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) This Act shall not be construed as rendering the Crown in right of Queensland or in any other capacity liable to be prosecuted for an offence. Current as at 1 November 2013 Page 7

Travel Agents Act 1988 Part 1 Preliminary [s 9] 9 Business of travel agent (1) For the purposes of this Act but subject to this section, a person carries on business as a travel agent if the person, in the course of a business, sells or arranges for the sale of or advertises that he or she is willing to sell or arrange for the sale of— (a) rights to travel; or (b) rights to travel and accommodation. (2) A person does not carry on business as a travel agent— (a) by reason only of anything done in the course of his or her employment; or (b) by reason only of selling, or arranging for the sale of, rights to travel in a vehicle owned by him or her; or (c) by reason only of selling, or arranging for the sale of, rights to accommodation at a place owned by him or her. (3) For the purposes of this section, a person is the owner of a vehicle or place of accommodation if the person has lawful possession of the vehicle or place of accommodation. 10 Changes to Act’s application A regulation may exempt a person or transaction from the application of this Act or a stated provision of this Act. 11 Administration of Act The commissioner is responsible, subject to the control and direction of the Minister, for the administration of this Act. Page 8 Current as at 1 November 2013

Part 2 Travel Agents Act 1988 Part 2 Restriction on carrying on business as travel agent [s 12] Restriction on carrying on business as travel agent 12 Travel agents to be licensed (1) A person shall not— (a) carry on business as a travel agent otherwise than in accordance with the authority conferred on the person by a licence; or (b) carry on business as a travel agent in partnership with a person who is not a licensee. Maximum penalty—1000 penalty units. (2) An unlicensed person shall not hold himself or herself out as a travel agent. Maximum penalty—1000 penalty units. (3) Where a person is convicted of an offence against subsection (1), the court by which the conviction is recorded shall order the person to pay to the Crown an amount estimated by the court to be the amount of the profit that has accrued to the person or any other person with whom the person has a business or personal association in consequence of the commission of the offence. (4) Any amount recovered by the Crown in pursuance of an order under subsection (3) shall be paid into the compensation fund. (5) No action lies for the recovery of any fee, commission or other reward for any service done or performed in the course of carrying on business as a travel agent by a person (other than an exempted person) who does not hold a licence. 13 Injunction upon application by commissioner Upon application by the commissioner that a person who is not an exempted person and is not a licensee has carried on business as a travel agent, the Supreme Court may issue an injunction restraining that person from carrying on the Current as at 1 November 2013 Page 9

Travel Agents Act 1988 Part 3 Licences [s 14] business as a travel agent whilst not an exempted person or a licensee. Part 3 Licences Division 1 Issue of licences 14 Application for a licence (1) An application for a licence shall— (a) be made to the commissioner; and (b) be in the approved form; and (c) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 15B(1)—the amount of the costs required to be paid. (2) An applicant for a licence shall furnish to the commissioner the prescribed information and such other information as the commissioner may require. (3) Where an application is made for a licence, the applicant shall— (a) cause the application to be advertised as prescribed under a regulation; and (b) cause a copy of the advertisement to be served on the commissioner. (4) The commissioner shall cause a copy of an application received to be served on the commissioner of the police service. Page 10 Current as at 1 November 2013

Travel Agents Act 1988 Part 3 Licences [s 15] (5) The commissioner may require information sought under this section to be given, verbally on oath or in writing by declaration under the Oaths Act 1867 , as the case may be, and for that purpose the commissioner or any justice may administer an oath or take a declaration. (6) A requirement mentioned in subsection (1)(c)(ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s web site. 15 Investigation of application (1) The commissioner may make such inquiries as the commissioner considers necessary in respect of an application for a licence. (2) The commissioner of the police service may investigate an application for a licence. 15A Investigation of applicants (1) The commissioner may make investigations about a person to help the commissioner decide whether the person— (a) is a fit and proper person for the grant of an application for registration, or renewal of registration; or (b) continues to be a fit and proper person. (2) Without limiting subsection (1) or section 15, the commissioner may ask the commissioner of the police service for a report about the criminal history of the person. (3) If the criminal history of the person includes a conviction recorded against the person, the commissioner’s report must be written. 15B Costs of criminal history report (1) The commissioner may require a person mentioned in section 15A(1) to pay the reasonable, but no more than actual, costs of obtaining a report under section 15A about the person. Current as at 1 November 2013 Page 11

Travel Agents Act 1988 Part 3 Licences [s 15C] (2) The commissioner must refund to a person who is an applicant an amount paid under the requirement if— (a) the commissioner refuses the application without asking for the report; or (b) the person withdraws the application before the commissioner asks for the report. 15C Confidentiality of criminal history (1) A public service employee performing functions under this Act must not, directly or indirectly, disclose to anyone else a report about a person’s criminal history, or information contained in the report, given under section 15A. Maximum penalty—100 penalty units. (2) However, the person does not contravene subsection (1) if— (a) disclosure of the report or information to someone else is authorised by the commissioner to the extent necessary to perform a function under or in relation to this Act; or (b) the disclosure is otherwise required or permitted by law. (3) The commissioner must destroy a written report about a person’s criminal history as soon as practicable after it is no longer needed for the purpose for which it was requested. 16 Objection to application (1) Any person (including the commissioner of the police service) may, within 10 days from the date on which the application for a licence was last advertised pursuant to section 14(3), lodge with the commissioner for consumer affairs a written objection to the application setting out the grounds of the objection. (2) The commissioner for consumer affairs may, on the application of an interested person, and subject to such conditions as the commissioner thinks fit, extend the period for lodging objections. Page 12 Current as at 1 November 2013

Travel Agents Act 1988 Part 3 Licences [s 17] (3) Subject to subsection (4), the commissioner for consumer affairs shall serve the applicant for a licence and the commissioner of the police service with a copy of each objection lodged under subsection (1). (4) Where the commissioner of the police service has lodged an objection, a copy thereof need not be served on him or her. 17 Applicant may make submission upon objections Upon receipt of a copy of an objection to his or her application for a licence, the applicant may within 7 days of receipt of the copy lodge with the commissioner his or her submissions in writing upon that objection. 18 Determination of application (1) Upon the expiration of— (a) 10 days from the date on which the application for a licence is last advertised pursuant to section 14(3); or (b) where an objection to the application is duly lodged 7 days after the applicant is served with a copy of the objection; whichever is the later, the commissioner shall approve the application if the commissioner is satisfied— (c) that— (i) where the applicant is a natural person— (A) the applicant is of or over the age of 18 years and holds the prescribed qualifications; and (B) the applicant is likely to carry on a business as a travel agent honestly and fairly; and (C) the applicant is otherwise a fit and proper person to hold a licence; or (ii) where the applicant is a corporation—every person who is an officer of the corporation or who, in the opinion of the commissioner, is in a position to Current as at 1 November 2013 Page 13

Travel Agents Act 1988 Part 3 Licences [s 18] control or influence substantially the affairs of the corporation— (A) is of or over the age of 18 years and holds the prescribed qualifications; and (B) is likely to carry on the business of the corporation or exercise that control or influence honestly and fairly; and (C) is otherwise a fit and proper person to be an officer of that corporation or to exercise that control or influence in respect of the business of a travel agent; and (d) that the applicant has made suitable arrangements to fulfil the obligations that may arise under this Act; and (e) that the trustees under the trust deed have certified— (i) that the applicant is eligible for membership of the compensation scheme established by the trust deed; and (ii) that the applicant will be admitted as a member of the compensation scheme on being licensed; and (f) that the applicant is not disqualified under this Act or a corresponding law from holding a licence under this Act or the corresponding law or being involved in the direction, management or conduct of the business of a travel agent. (2) For the purposes of subsection (1)(e), where the application for membership of the compensation scheme made by an applicant for a licence at least 3 calendar months before the appointed day has not been determined at the appointed day, the trustees under the trust deed shall be deemed to have certified as required in subsection (1)(e) in respect of the applicant until the application is determined. (3) If the commissioner refuses to approve an application for a licence, the commissioner must refund to the applicant any fee for the licence accompanying the application. Page 14 Current as at 1 November 2013

Travel Agents Act 1988 Part 3 Licences [s 19] (4) Where the commissioner approves an application for a licence, the commissioner shall notify the applicant accordingly but shall only issue the licence if the prescribed fee for the licence is or has been paid to the commissioner. (5) The commissioner may refrain from determining an application for a licence until— (a) a natural person to whom the application relates; and (b) the directors and officers of a corporation to which the application relates; or such of them as the commissioner specifies or refers to, has or have appeared personally before the commissioner and satisfied the commissioner as to any matter relevant to the application. (6) Where, before the appointed day, a licence is issued, it shall not take effect until the appointed day. 19 Duration of licence (1) A licence shall, subject to this Act, remain in force until— (a) the licence is surrendered or cancelled; or (b) the licensee dies or, in the case of a corporation, is wound-up or dissolved. (2) A licensee must, not later than the day prescribed under a regulation for this section— (a) pay to the commissioner the annual licence fee prescribed under a regulation and lodge with the commissioner an annual return in the approved form; or (b) pay to the commissioner the triennial licence fee prescribed under a regulation and lodge with the commissioner a triennial return in the approved form. (3) Where a licensee fails to pay the licence fee or lodge the return in accordance with subsection (2), the commissioner may, by notice in writing to the licensee, require the licensee to make good the default and, in addition, to pay to the commissioner the amount prescribed as a penalty for default. Current as at 1 November 2013 Page 15

Travel Agents Act 1988 Part 3 Licences [s 20] (4) Where a licensee fails to comply with a notice under subsection (3) within 14 days after service of the notice, the licence shall, by force of this subsection, be suspended until the licensee complies with the notice. (5) The commissioner shall cause notice of a suspension under subsection (4) (being notice in the approved form) to be published in a newspaper circulating throughout the State. (6) Where a licence has been suspended by virtue of subsection (4) for a continuous period of 6 months, the licence shall, by force of this subsection, be cancelled. (7) A licensee may, with the consent of the commissioner, surrender the licence. 20 Conditions of licence (1) A licence is subject to— (a) a condition that each place at which the licensee carries on business as a travel agent must comply with the prescribed requirements; and (b) a condition that the licensee shall, at all times during the currency of the licence, be a participant in the compensation scheme; and (c) any prescribed conditions; and (d) any conditions imposed by the commissioner on granting the licence. (2) The commissioner may, by notice in writing given to a licensee, impose or revoke a condition of the licence or vary such a condition or impose a further condition. (3) A licensee shall not contravene or fail to comply with a condition of his or her licence. Maximum penalty—100 penalty units. Page 16 Current as at 1 November 2013

Travel Agents Act 1988 Part 3 Licences [s 21] 21 Licence not transferable Save where otherwise expressly provided in this Act, a licence shall not be transferable. 22 Duplicate licence If the commissioner is satisfied that a licence has been lost or destroyed, the commissioner may, upon payment of the prescribed fee, issue a duplicate licence which shall have the same effect as the original licence. 23 Register of licences (1) For the purposes of this Act, the commissioner shall keep a register of licences that, without limiting the operation of subsection (2), includes the addresses of the principal and other places at which each licensee is authorised to carry on business as a travel agent and the name and address last notified to the commissioner of the person in charge at each of those places in compliance with section 34(1). (2) Subject to this Act, the register shall contain the particulars prescribed under a regulation and shall be kept in such form and manner as the commissioner thinks fit. (3) The register shall be made available at all reasonable times for inspection by any person at the office of the commissioner. (4) The commissioner may, on the application of a person, issue to the person a certificate stating whether or not a person specified in the certificate is or was, on a date or during a period specified in the certificate, a licensee. (5) The commissioner may charge the prescribed fee (if any) for the issue of a certificate under subsection (4). Current as at 1 November 2013 Page 17

Travel Agents Act 1988 Part 3 Licences [s 24] Division 2 Disciplinary proceedings 24 Notice to show cause (1) Where, at any time, the commissioner is of the opinion that there are reasonable grounds for believing that— (a) a licence has been improperly obtained or, at the time a licence was granted, there were grounds for refusing to grant it; or (b) a licensee has been convicted of an offence against this Act; or (c) a licensee has failed to comply with this Act, a condition or restriction to which the licence is subject or a requirement under section 25(1)(b) applicable to the licensee; or (d) a licensee has been found guilty of an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more; or (e) a licensee does not have, or is not likely to continue to have, sufficient financial resources to enable the licensee to continue to carry on business as a travel agent; or (f) the business to which a licence relates is being carried on in a dishonest or unfair manner; or (g) if a person were not a licensee—the commissioner would refuse an application by him or her for a licence; or (h) a licensee has, for a period of 1 month or more, ceased to carry on the business to which the licence relates; or (i) a person (other than the licensee) involved in the direction, management or conduct of a business to which the licence relates is not a fit and proper person to be so involved; or (j) a licensee has been refused a licence under a corresponding Act; or Page 18 Current as at 1 November 2013

Travel Agents Act 1988 Part 3 Licences [s 24] (k) a licensee has been the subject of action that, under a corresponding Act, had an effect similar to the effect under this Act of action under section 25(1)(a), (b), (c), (d) or (g); or (l) a licensee is not, for any other reason, a fit and proper person to continue to hold a licence; the commissioner may, by notice in writing served on the licensee, call upon the licensee to show cause, within such period, being not less than 14 days, as is specified in the notice, why the licensee should not, for such of the reasons referred to in paragraphs (a) to (l) as are specified in the notice, be dealt with in accordance with section 25(1). (2) A notice may not be served on a licensee for the reason specified in subsection (1)(i) unless— (a) the notice specifies the reasons why it is considered that the person involved in the direction, management or conduct of the business to which the licence relates is not a fit and proper person to be so involved; and (b) a notice in writing is also served on the person so involved calling on the person to show cause, within the same period as is specified in the notice served on the licensee, why the person should not, for reasons specified in the notice (being the same as those specified under paragraph (a)) be disqualified in accordance with section 25(2). (3) A notice may not be served on a licensee for the reason specified in subsection (1)(l) unless the notice specifies the reasons why it is considered that the licensee is not a fit and proper person to continue to hold a licence. (4) A licensee on whom a notice under subsection (1) has been served, a person with whom the licensee carries on, in partnership, the business to which the licence relates or, where the licensee is a corporation, an officer of the corporation may, within the period specified in the notice, make submissions, in writing, with respect to the matters to which the notice relates. Current as at 1 November 2013 Page 19

Travel Agents Act 1988 Part 3 Licences [s 25] (5) A person on whom a notice under subsection (2)(b) has been served may, within the period specified in the notice, make submissions, in writing, with respect to the matter to which the notice relates. (6) In order to determine— (a) whether or not to serve a notice under subsection (1); or (b) whether or not to take action under section 25; the commissioner may make such investigations as the commissioner thinks fit. (7) The commissioner of the police service shall, if the commissioner for consumer affairs so requests, make such investigations for the purposes of subsection (6) in respect of matters specified by the commissioner for consumer affairs as the commissioner of the police service considers necessary to fulfil the request and shall, as soon as practicable after completing the investigation, make a report on the investigation to the commissioner for consumer affairs. (8) The commissioner may suspend a licence for any 1 or more of the following periods— (a) a period of not more than 14 days pending a determination as to whether or not a notice should be served on the licensee under subsection (1); (b) where such a notice is so served—the period specified under subsection (1) in the notice; (c) pending a determination as to whether or not action is to be taken under section 25, a period of not more than 14 days. 25 Determination of disciplinary measures by the commissioner (1) If, after compliance with section 24, the commissioner is satisfied that any matter referred to in section 24(1) has been established in relation to a licence, a licensee or the business carried on pursuant to a licence, the commissioner may do any 1 or more of the following— Page 20 Current as at 1 November 2013

Travel Agents Act 1988 Part 3 Licences [s 25] (a) reprimand the licensee; (b) require the licensee to comply within a specified time with a requirement specified by the commissioner; (c) suspend the licence for a period not exceeding 12 months; (d) impose a condition or restriction to which the licence shall be subject; (e) disqualify the licensee (or, if the licence has been surrendered, the former licensee) in accordance with subsection (2); (f) where a notice was served on a person under section 24(2)(b)—disqualify the person in accordance with subsection (2); (g) except where the commissioner acts in accordance with paragraph (a), (b), (c) or (d)—cancel the licence. (2) A person is disqualified in accordance with this subsection if either or both of the following disqualifications is or are imposed— (a) a disqualification from holding a licence; (b) a disqualification from being involved in the direction, management or conduct of business as a travel agent; either permanently or for such period as is specified by the commissioner when imposing the disqualification. (3) Where, under subsection (1)(b), the commissioner requires a licensee to comply with a requirement specified by the commissioner, the licensee shall comply with the requirement within the time specified by the commissioner under that paragraph. Maximum penalty—20 penalty units. (4) Where the commissioner disqualifies a licensee in accordance with subsection (2), the commissioner shall cancel the licence. (5) If the commissioner suspends or cancels a licence under this section, the suspension or cancellation takes effect on and Current as at 1 November 2013 Page 21

Travel Agents Act 1988 Part 3 Licences [s 26] from the day stated in the QCAT information notice given to the licensee under section 26(2). (5A) Subsection (5) applies subject to any decision by QCAT on an application made under section 26(4) for a review of the decision to suspend or cancel the licence. (6) A person disqualified in accordance with subsection (2) shall not, while disqualified act in contravention of the disqualification. Maximum penalty—100 penalty units. Division 3 Review by QCAT of particular decisions 26 Review of commissioner’s decisions (1) This section applies if the commissioner decides— (a) to refuse to grant an application for a licence; or (b) to impose conditions or restrictions on a licence; or (c) to suspend or cancel a licence; or (d) to impose a disqualification mentioned in section 25(2). (2) The commissioner must give the applicant, licensee, former licensee or person disqualified (the affected person ) a QCAT information notice for the decision. (3) If the decision is to suspend or cancel a licence, the QCAT information notice must also state— (a) the day on which the suspension or cancellation takes effect; and (b) for a decision to suspend the licence—the period of the suspension. (4) The affected person may apply, as provided under the QCAT Act, to QCAT for a review of the decision. Page 22 Current as at 1 November 2013

Travel Agents Act 1988 Part 3 Licences [s 26A] (5) The affected person must also give to the commissioner notice in writing of the application to QCAT. 26A QCAT’s power on review of particular decisions by the commissioner (1) On the review of a decision mentioned in section 26(1)(b), (c) or (d), QCAT may do any or all of the following— (a) exercise 1 or more of the powers exercisable by the commissioner under section 25(1); (b) fine the applicant for the review an amount equalling not more than 10 penalty units. (2) To the extent a power exercisable by QCAT under the QCAT Act is consistent with subsection (1), the power is not limited by the subsection. (3) If QCAT exercises a power as mentioned in subsection (1)(a), the power is taken, other than for this division, to have been exercised by the commissioner. (4) The amount of a fine imposed on a person under subsection (1)(b) may be recovered by the State as a debt. 27 Review of compensation scheme trustees’ decisions about participation in the compensation scheme (1) This section applies if the compensation scheme trustees decide— (a) to refuse an applicant, or a prospective applicant, for a licence participation in the compensation scheme; or (b) to terminate the participation of a licensee in the compensation scheme. (2) The compensation scheme trustees must give the applicant, prospective applicant or licensee (the affected person ) a QCAT information notice for the decision. (3) For a decision mentioned in subsection (1)(b) ( termination decision ), the QCAT information notice must— Current as at 1 November 2013 Page 23

Travel Agents Act 1988 Part 3 Licences [s 27A] (a) state the day on which, subject to any decision by QCAT on a review of the termination decision, the termination takes effect; and (b) inform the affected person that the person’s participation in the compensation scheme is, subject to any decision by QCAT on a review of the termination decision, suspended from the day the notice is given to the person until the day the termination takes effect. (4) The day stated in the QCAT information notice under subsection (3)(a) must be at least 28 days after the notice is given to the affected person. (5) An affected person for a decision mentioned in subsection (1) may apply, as provided under the QCAT Act, to QCAT for a review of the decision. (6) The affected person must also give to the commissioner and the compensation scheme trustees notice in writing of the application to QCAT. 27A QCAT’s power on review of particular compensation scheme trustees’ decisions (1) Without limiting the powers of QCAT under the QCAT Act, QCAT may, on the review of a decision mentioned in section 27(1)— (a) dismiss the application; or (b) for a decision mentioned in section 27(1)(a)—admit the applicant or prospective applicant to participation in the compensation scheme on the condition that the applicant or prospective applicant is or becomes licensed; or (c) for a decision mentioned in section 27(1)(b)—set aside the decision. (2) A decision of QCAT under subsection (1)(b) or (c) is taken to be a decision made under the law governing the compensation scheme and has effect according to that law. Page 24 Current as at 1 November 2013

Travel Agents Act 1988 Part 3 Licences [s 28] 28 Conducting and deciding reviews concurrently (1) This section applies if a person applies to QCAT for both— (a) a review of a decision mentioned in section 26(1); and (b) a review of a decision mentioned in section 27(1). (2) QCAT may conduct and decide the reviews concurrently. Division 4 Death of licensee 29 Death of licensee (1) Where a licensee dies, a person who is, or who is named as, or who intends to apply to become, a legal personal representative of the deceased licensee may, within 28 days after the death or such longer period as the commissioner allows, apply to the commissioner to be allowed to carry on the business as a travel agent of the deceased licensee during— (a) the period that commences with the date of death of the licensee and ends 6 months later; or (b) the period that commences with the date of death of the licensee and ends immediately before the next succeeding anniversary of the date on which the licence was granted; whichever is the longer. (2) The commissioner may grant or refuse an application under this section and, where the commissioner grants the application, may impose such conditions as the commissioner thinks fit, being conditions subject to which the business to which the application relates may be carried on. (3) A personal representative authorised under this section to carry on the business of a deceased licensee shall, subject to this Act and any conditions imposed under this section, be deemed to be, while so authorised, the holder of the licence of the deceased licensee. Current as at 1 November 2013 Page 25

Travel Agents Act 1988 Part 4 Conduct of business [s 30] 30 Endorsement of conditions etc. on licence Where, under section 29, the commissioner imposes conditions subject to which a personal representative is authorised to carry on the business to which a licence relates, the personal representative shall, upon being required by the commissioner so to do within a specified time, produce the licence to the commissioner within that time for endorsement of the conditions. Maximum penalty—20 penalty units. Part 4 Conduct of business 31 Notice to be displayed A person carrying on business as a travel agent in pursuance of a licence shall maintain in a conspicuous position in each place from which the business is carried on, a notice clearly showing— (a) the name of the licensee as it appears in the licence; and (b) such other matters as may be prescribed. Maximum penalty—20 penalty units. 32 Travel agent to use authorised name (1) A licensed travel agent shall not carry on business as a travel agent under any name except an authorised name. Maximum penalty—20 penalty units. (2) A licensed travel agent shall ensure that the travel agent’s authorised name appears— (a) in any advertisement (other than an advertisement relating solely to the recruiting of staff) published in the course of the travel agent’s business; and Page 26 Current as at 1 November 2013

Travel Agents Act 1988 Part 4 Conduct of business [s 33] (b) in any letter, statement, invoice, cheque, receipt or other document issued in the course of the travel agent’s business. Maximum penalty—20 penalty units. 33 Accounts to be kept (1) A person who carries on business as a travel agent shall keep such accounting records as are necessary correctly to record and explain the financial transactions and financial position of the business and shall retain those records for a period of 7 years. Maximum penalty—100 penalty units. (2) The accounting records referred to in subsection (1) shall— (a) contain sufficient information for the preparation and audit of true and fair profit and loss accounts and balance sheets; and (b) be kept at the person’s principal place of business in the State; and (c) be kept in the English language. 34 Supervision of business of travel agent (1) The business conducted at any place from which a licensee carries on business as a travel agent shall be managed and supervised by a person (whether or not a licensee) with qualifications approved by the commissioner. (2) A licensee shall ensure that subsection (1) is complied with in respect of the business carried on by the licensee. Maximum penalty—50 penalty units. 35 Employment of disqualified person (1) Except with the approval of the commissioner, a licensee shall not employ a person for the purposes of the business carried on pursuant to the licence if the person— Current as at 1 November 2013 Page 27

Travel Agents Act 1988 Part 5 The compensation scheme [s 36] (a) is disqualified under this Act from holding a licence or is disqualified under a corresponding Act from holding a licence under the corresponding Act; or (b) is disqualified under this Act or a corresponding Act from being involved in any capacity in the carrying on of business as a travel agent; or (c) has been refused a licence under this Act on a ground referred to in section 18(1)(c)(i)(B) or (C) or a licence under a corresponding Act on a similar ground; or (d) is a person whose adverse qualities were responsible for a corporation being refused a licence on a ground referred to in section 18(1)(c)(ii)(B) or (C) or a licence under a corresponding Act on a similar ground. Maximum penalty—100 penalty units. (2) It is a defence to a prosecution for an offence under subsection (1) if it is proved that the person responsible for the prohibited employment had made reasonable inquiries regarding the person employed and had no reason to believe that the person employed was within the prohibition. Part 5 The compensation scheme 36 Approval of trust deed (1) The Minister may for the purposes of this Act— (a) approve an instrument as the trust deed; or (b) approve any amendment to the trust deed. (2) The Minister shall promulgate the trust deed and any approved amendment to the trust deed by gazette notice. Page 28 Current as at 1 November 2013

Travel Agents Act 1988 Part 5 The compensation scheme [s 36A] 36A Validation of certain amendments To remove any doubt, it is declared that a trust deed amendment, approved before the commencement of this section but not gazetted, is taken to be, and always have been, as valid and effective as if the amendment had been gazetted. 36B Validation of certain acts etc. To remove any doubt, it is declared that all acts, matters and things done in reliance on a trust deed amendment, approved before the commencement of this section but not gazetted, are taken to be, and always have been, as valid and effective as if the amendment had been gazetted. 37 Obligation of licensee to be a member of the compensation scheme (1) A licensee must be a member of the compensation scheme established by the trust deed and, consequently, if the membership of a licensee in the compensation scheme is terminated, the licence is, by force of this section, cancelled. (2) A licensee remains a member of the compensation scheme unless the trustees— (a) decide to terminate the licensee’s membership in the scheme; and (b) give the licensee a QCAT information notice for the decision as required under section 27. (3) The termination takes effect, subject to any decision by QCAT on a review of the decision, on the day stated in the QCAT information notice. (4) The person’s participation in the compensation scheme is, subject to any decision by QCAT on a review of the decision, suspended from the date the QCAT information notice is given to the person until the day the termination takes effect. Current as at 1 November 2013 Page 29

Travel Agents Act 1988 Part 5 The compensation scheme [s 38] 38 Compensation fund (1) If already established and administered prior to the commencement of this Act, the compensation fund shall continue to be administered by trustees appointed for the time being under the trust deed. (2) There shall be paid into the compensation fund— (a) the contributions required to be paid in accordance with this part; and (b) any amounts required to be paid into the compensation fund in accordance with the trust deed and any corresponding law. (3) There shall be paid out of the compensation fund— (a) any amount of compensation to which a person is entitled in accordance with this part; and (b) any amounts required to be paid out of the compensation fund in accordance with the trust deed and any corresponding law. 39 Licensees required to pay contributions (1) Every licensee shall pay into the compensation fund such contribution as may be required by the regulations. (2) If a licensee fails to pay a contribution, within the time allowed for payment by the regulations, the licence shall, by virtue of this subsection, be suspended until the contribution is paid. (3) For the purposes of subsection (1), the Crown in right of Queensland shall be deemed to be a licensee. 40 Persons entitled to compensation (1) Subject to the trust deed, a person who has suffered loss in consequence of— (a) the dishonesty or negligence of a person carrying on business as a travel agent; or Page 30 Current as at 1 November 2013

Travel Agents Act 1988 Part 5 The compensation scheme [s 41] (b) the death, disappearance or insolvency of a person carrying on business as a travel agent; or (c) the failure on the part of a person carrying on business as a travel agent to carry out contractual obligations properly; is entitled to compensation. (2) A person who is entitled to compensation under subsection (1) may make a claim for compensation in accordance with the trust deed. 41 Claims (1) A claim for compensation shall be determined by the trustees in accordance with the trust deed. (2) Subject to the trust deed, where the amount standing to the credit of the compensation fund is insufficient to meet all valid claims for compensation, the trustees shall apportion that amount between the claimants in such proportions as the trustees think just. (3) The trustees must give the claimant a QCAT information notice for the trustees’ decision on the claim. 42 Compensation scheme trustees to have certain rights by subrogation and otherwise (1) In this section— unlisted person means a person (other than an exempted person or a licensee) who carries on business as a travel agent under a name or names that is or are not included in a list in force under subsection (2). (2) The commissioner shall as soon as practicable after the commencement of this section and from time to time thereafter, publish in the gazette a list in which is specified— (a) the name or names under which each licensee at the time of preparation of the list was authorised to carry on business as a travel agent; and Current as at 1 November 2013 Page 31

Travel Agents Act 1988 Part 5 The compensation scheme [s 42] (b) the date on which the list comes into force, being a date that is not earlier than the date of publication of the list in the gazette; and (c) the date on which the list ceases to be in force. (3) Where a payment is made to a claimant under the compensation scheme by reason of an act or omission by a person carrying on business as a travel agent, the compensation scheme trustees are subrogated to the rights of the claimant in relation to the act or omission. (4) Where the rights conferred by subsection (3) on the compensation scheme trustees are exercisable against a corporation, those rights are enforceable jointly against the corporation and the persons who were its directors at the time of the act or omission and severally against the corporation and each of those directors. (5) Where it is proved that an act or omission by a corporation occurred without the knowledge or consent of a director of the corporation, rights are not enforceable as provided by subsection (4) against the director in relation to the act or omission. (6) Where an act or omission referred to in subsection (3) was the act or omission of a person who, at the time of the act or omission, was an unlisted person, any other person who, in the course of carrying on a business, provided the unlisted person with goods or services in relation to which the act or omission occurred shall, for the purposes of subsections (3) to (5) but in relation only to the act or omission in so far as it involved those goods or services, be deemed to have, at the time of the act or omission, carried on business as a travel agent in partnership with the unlisted person. (7) A person who, in the course of carrying on a business, provides an unlisted person with goods or services for disposal in a manner that would constitute the carrying on by the unlisted person of business as a travel agent shall be deemed to have aided, abetted, counselled and procured the carrying on by the unlisted person of business as a travel agent. Page 32 Current as at 1 November 2013

Travel Agents Act 1988 Part 6 Miscellaneous [s 43] (8) Subsection (6) does not have effect in relation to an act or omission that occurs in relation to goods or services, and subsection (7) does not have effect in relation to goods or services, that are provided at a time when there is no list in force under subsection (2). 43 Name in which trustees may sue and be sued (1) The trustees may sue and be sued under the name the travel compensation fund. (2) In proceedings brought by the trustees it shall be presumed, in the absence of proof to the contrary, that any provisions of the trust deed in relation to the bringing of proceedings have been satisfied. Part 6 Miscellaneous 44 Delegation by commissioner The commissioner may delegate the commissioner’s powers under this Act to an appropriately qualified public service officer. 44A Delegation by chief executive (1) The chief executive may delegate the chief executive’s powers under this Act to the commissioner. (2) The commissioner may subdelegate the delegated power to an appropriately qualified public service officer. 45 Certain powers of entry etc. for records required to be kept under Act (1) An authorised officer may at any reasonable time— Current as at 1 November 2013 Page 33

Travel Agents Act 1988 Part 6 Miscellaneous [s 45] (a) enter premises where business as a travel agent is being carried on or on which it is believed on reasonable grounds that records relating to the business are kept; and (b) require the production of records kept or required to be kept under this Act; and (c) inspect and require explanations of any record; and (d) take notes, copies and extracts of or from any record or statement produced pursuant to this section; and (e) where in the opinion of the authorised officer it is not appropriate for any note, copy or extract of or from any record or statement to be taken on the premises at which it is produced—remove and detain that record or statement for a reasonable time to enable the note, copy or extract to be taken. (2) Where an authorised officer referred to in subsection (1), requires a production under that subsection of a record that is not in writing, or is not written in the English language, or is not decipherable on sight, the requirement to produce the record shall be deemed to be a requirement to produce, in addition to the record if it is in writing, or instead of the record if it is not in writing, a statement, written in the English language and decipherable on sight, containing the whole of the information in the record. (3) A person shall not, without reasonable excuse— (a) hinder an authorised officer in the exercise of powers conferred by this section; or (b) fail to comply with a requirement of an authorised officer under this section; or (c) fail to answer a question put by an authorised officer under this section to the best of the person’s knowledge, information and belief. Maximum penalty—20 penalty units. Page 34 Current as at 1 November 2013

Travel Agents Act 1988 Part 6 Miscellaneous [s 45A] (4) A person is not required to answer a question or to produce records if the answer to the question or the production of the records would result in or tend towards self-incrimination. (5) This section does not limit sections 45A to 45F. 45A Entry of place by authorised officer (1) An authorised officer may enter a place if— (a) the occupier of the place consents to the entry; or (b) it is a public place and the entry is made when the place is open to the public; or (c) the authorised officer believes on reasonable grounds that business as a travel agent is being carried on at the place, or records relating to a business as a travel agent are kept at the place, and the entry is made when the place is open for business; or (d) the entry is authorised by a warrant. (2) Subsection (1)(c) does not authorise entry to a place that is, or is part of, a dwelling house. 45B Warrants (1) An authorised officer may apply to a magistrate for a warrant for a place. (2) The application must— (a) be sworn; and (b) set out the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example — The magistrate may require that additional information supporting the application be given by a statutory declaration. Current as at 1 November 2013 Page 35

Travel Agents Act 1988 Part 6 Miscellaneous [s 45C] (4) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting that— (a) there is a particular thing (the evidence ) that may provide evidence of the commission of an offence against this Act; and (b) the evidence is, or may be within the next 7 days, at the place. (5) The warrant must state— (a) that the authorised officer is authorised, with assistance and force that may be necessary and reasonable— (i) to enter the place; and (ii) to exercise the authorised officer’s powers under this Act; and (b) the evidence for which the warrant is issued; and (c) the hours of the day when entry may be made; and (d) the day (within 14 days after the warrant’s issue) on which the warrant stops having effect. 45C Warrants—applications made otherwise than in person (1) An authorised officer may apply for a warrant by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the officer’s remote location. (2) Before applying for the warrant, the authorised officer must prepare an application that sets out the grounds on which the warrant is sought. (3) The authorised officer may apply for the warrant before the application is sworn. (4) If the magistrate issues the warrant and it is reasonably practicable to fax a copy of it to the authorised officer, the Page 36 Current as at 1 November 2013

Travel Agents Act 1988 Part 6 Miscellaneous [s 45C] magistrate must immediately fax the copy to the authorised officer. (5) If the magistrate issues the warrant but it is not reasonably practicable to fax a copy of it to the authorised officer— (a) the magistrate must— (i) tell the authorised officer what the terms of the warrant are; and (ii) tell the authorised officer the date and time the warrant was signed; and (iii) record the reasons for issuing the warrant on the warrant; and (b) the authorised officer must— (i) complete a form of warrant in the same terms as the warrant issued by the magistrate; and (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. (6) The facsimile warrant, or the warrant form properly completed by the authorised officer, is authority for the entry and the exercise of the other powers authorised by the warrant issued by the magistrate. (7) The authorised officer must send to the magistrate— (a) the sworn application; and (b) if a warrant form was completed by the authorised officer—the completed warrant form. (8) The sworn application and any completed warrant form must be sent to the magistrate at the earliest practicable opportunity. (9) On receipt of the application and any warrant form, the magistrate must attach them to the warrant issued by the magistrate. (10) If— Current as at 1 November 2013 Page 37

Travel Agents Act 1988 Part 6 Miscellaneous [s 45D] (a) it is material for a court to be satisfied that the exercise of a power was authorised by a warrant issued under this section; and (b) the warrant is not produced in evidence; the court must assume the exercise of power was not authorised by a warrant, unless the contrary is proved. 45D Authorised officer’s general powers in a place (1) After entering a place under section 45A, an authorised officer may exercise a power mentioned in subsection (2) only if— (a) the occupier of the place consents to the exercise of the power; or (b) the entry was authorised by a warrant. (2) The authorised officer may— (a) search any part of the place; or (b) if entry was authorised by a warrant—seize the evidence for which the warrant was issued; or (c) in any case—seize a thing if the authorised officer believes on reasonable grounds that— (i) the thing is evidence of the commission of an offence against this Act; and (ii) the seizure is necessary to prevent— (A) the concealment, loss or destruction of the thing; or (B) the use of the thing in committing, continuing or repeating an offence against this Act; or (d) inspect, examine, photograph or film anything in or on the place; or (e) take extracts from, or make copies of, any documents in or on the place; or Page 38 Current as at 1 November 2013

Travel Agents Act 1988 Part 6 Miscellaneous [s 45E] (f) take into or onto the place any person, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the place; or (g) require a person in or on the place, or the occupier of the place, to give the authorised officer reasonable help for the exercise of the powers mentioned in paragraphs (a) to (f). (3) A person who is required by an authorised officer under subsection (2)(g) to give the authorised officer reasonable help for the exercise of a power must comply with the requirement, unless the person has a reasonable excuse for not complying with it. (4) If the help is required to be given by a person by— (a) answering a question; or (b) producing a document (other than a document required to be kept by the person under this Act); it is a reasonable excuse for the person to fail to comply with the requirement on the ground that the information or document might tend to incriminate the person. 45E Power to require name and address (1) An authorised officer may require a person to state the person’s name and address if the authorised officer— (a) finds the person committing an offence against this Act; or (b) finds the person in circumstances that lead, or has information that leads, the authorised officer to suspect on reasonable grounds that the person has committed, or assisted in the commission of, an offence against this Act. (2) When making the requirement, the authorised officer must warn the person that it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse. Current as at 1 November 2013 Page 39

Travel Agents Act 1988 Part 6 Miscellaneous [s 45F] (3) The authorised officer may require the person to give evidence of the correctness of the person’s name or address if the authorised officer suspects, on reasonable grounds, that the name or address given is false. (4) A person must comply with an authorised officer’s requirement under subsection (1) or (3), unless the person has a reasonable excuse for not complying with it. Maximum penalty—60 penalty units. (5) The person does not commit an offence against this section if— (a) the authorised officer required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and (b) the person is not proved to have committed the offence. 45F Procedure after thing seized (1) As soon as practicable after a thing is seized by an authorised officer under section 45D, the authorised officer must give a receipt for it to the person from whom it was seized. (2) The authorised officer must allow a person who would be entitled to the seized thing if it were not in the authorised officer’s possession— (a) to inspect it; or (b) if it is a document—to take extracts from it or make copies of it. (3) The authorised officer must return the seized thing to the person at the end of— (a) 1 year; or (b) if a prosecution for an offence involving it is started within 1 year—the proceeding for the offence and any appeal from the proceeding. Page 40 Current as at 1 November 2013

Travel Agents Act 1988 Part 6 Miscellaneous [s 45G] (4) Despite subsection (3), the authorised officer must return the seized thing to the person if the authorised officer is satisfied that— (a) its retention as evidence is no longer necessary; and (b) its return is not likely to result in its use in repeating the offence. 45G Obstructing etc. authorised officers A person must not obstruct, hinder or resist an authorised officer in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—60 penalty units. 45H Compensation (1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under sections 45 to 45F. (2) Payment of compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to make the order in the circumstances of the particular case. 45I Consent to entry (1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place. (2) Before asking for the consent, the officer must tell the occupier— Current as at 1 November 2013 Page 41

Travel Agents Act 1988 Part 6 Miscellaneous [s 45J] (a) the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the officer may ask the occupier to sign an acknowledgment of the consent (a consent acknowledgment ). (4) The acknowledgment must state— (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the purpose of the entry; and (c) the occupier gives the officer consent to enter the place and exercise powers under section 45D; and (d) the time and date the consent was given. (5) If the occupier signs a consent acknowledgment, the officer must promptly give a copy to the occupier. 45J Evidence of consent (1) Subsection (2) applies if— (a) an issue arises in a court proceeding whether the occupier of a place consented to an authorised officer entering the place under section 45(1)(a); and (b) a consent acknowledgment is not produced in evidence for the entry; and (c) it is not proved the occupier consented to the entry. (2) The court may presume the occupier did not consent. 46 Secrecy A person shall not divulge or communicate information that is or was acquired by the person by reason of being, or having been, employed or engaged in, or in connection with, the administration of this Act except— Page 42 Current as at 1 November 2013

Travel Agents Act 1988 Part 6 Miscellaneous [s 47] (a) with the consent of the person from whom the information was obtained; or (b) in connection with the administration of this Act; or (c) to the commissioner of the police service; or (d) with the approval of the commissioner for consumer affairs, to a person employed in the administration of a corresponding law; or (e) for the purposes of legal proceedings. Maximum penalty—20 penalty units. 47 Investigations The commissioner of the police service shall, at the request of the commissioner for consumer affairs cause a police officer to investigate and report upon any matter relevant to the determination of— (a) any application or other matter before the commissioner for consumer affairs; or (b) any matter that might constitute proper cause for disciplinary action under this Act. 48 Report on operation of Act The department’s annual report for a financial year must include a report on the operation of this Act during the year. 49 Service of documents (1) Any notice or document required or authorised by this Act to be given to or served on any person shall be deemed to have been duly served if it has been— (a) served on the person personally; or (b) posted by means of registered post addressed to the person at the person’s last known address, or, in the case of a licensee, the person’s address for service; or Current as at 1 November 2013 Page 43

Travel Agents Act 1988 Part 6 Miscellaneous [s 50] (c) in the case of a licensee—left for the person at his or her address for service with a person apparently over the age of 16 years. (2) The address for service of a licensee is the last address for service of which notice has been given in accordance with the regulations. 50 False or misleading information or documents (1) This section applies to a statement made or document given to the commissioner or an inspector. (2) A person must not state anything to the commissioner or an inspector the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units. (3) A person must not give the commissioner or an inspector a document the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units. (4) Subsection (3) does not apply to a person who, when giving the document— (a) informs the commissioner or the inspector, to the best of the person’s ability, how it is false or misleading; and (b) gives the correct information to the commissioner or the inspector if the person has, or can reasonably obtain, the correct information. (5) It is enough for a complaint against a person for an offence against subsection (2) or (3) to state the information or document was false or misleading to the person’s knowledge, without specifying which. Page 44 Current as at 1 November 2013

Travel Agents Act 1988 Part 6 Miscellaneous [s 51] 51 Return of licences suspended or cancelled Where a licence is suspended or cancelled under this Act, the licensee or former licensee shall, at the direction of the commissioner return the licence to the commissioner. Maximum penalty—20 penalty units. 53 Offences generally A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and if a specific penalty is not otherwise provided is liable to a penalty of 10 penalty units. 54 Proceedings for offences (1) An offence against this Act may be prosecuted in a summary way under the Justices Act 1886 upon the complaint of— (a) the commissioner; or (b) an inspector; or (c) any other person authorised in that behalf either generally or in the particular case by the Minister. (2) A prosecution for an offence against this Act may be commenced within— (a) 1 year from the time when the matter of complaint arose; or (b) 6 months after the matter of complaint was brought to the knowledge of the complainant; whichever is the later to occur. (3) An authority to prosecute purporting to have been signed by the Minister is evidence of that authority without proof of the signature of the Minister. Current as at 1 November 2013 Page 45

Travel Agents Act 1988 Part 6 Miscellaneous [s 55] 55 Fees and penalties Save where otherwise expressly provided by this Act, all fees and all penalties recovered and costs incurred in respect of proceedings under this Act shall be payable to the consolidated fund. 56 Evidence Each of the following applies in a proceeding for the purposes of this Act— (a) it shall not be necessary to prove the appointment of the commissioner or, an inspector, authorised officer or police officer; (b) a signature purporting to be that of the commissioner or an inspector shall be taken to be the signature it purports to be until the contrary is proved; (c) a document purporting to be signed by the commissioner to the effect that a person named therein was or was not, on a day or during a period so specified, the holder of a licence so specified shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the document; (d) a document purporting to be signed by the commissioner to the effect that a person named therein was, on a day or during a period so specified, authorised for the purposes of section 45 shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the document; (e) an averment in a complaint of the date on which the commission of an offence against this Act came to the knowledge of the complainant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment. Page 46 Current as at 1 November 2013

Travel Agents Act 1988 Part 6 Miscellaneous [s 56A] 56A Approval of forms The chief executive may approve forms for use under this Act. 57 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made for or about the following matters— (a) prescribing a code of practice to be observed by persons who carry on business as travel agents; (b) providing for differing categories of licence that may be granted in respect of the different types of the business of travel agents specified in the regulations and prescribing the qualification for holders of licences of those differing categories; (c) prescribing, or providing for the calculation of, fees for the purposes of this Act; (e) prescribing the records to be kept by licensees and the manner in which the records must be kept; (f) requiring periodic audits to be made of the accounts required by this Act to be kept and provide for the appointment of auditors; (g) regulating the form and content of advertisements concerning the services offered by persons carrying on business as travel agents; (h) providing for the furnishing of returns to enable calculation of contributions to the compensation fund; (i) prescribing penalties not exceeding 20 penalty units for contravention of, or noncompliance with any regulation. (3) A regulation made under subsection (2)(a) may refer to, or incorporate, in whole or in part, and with or without modification, a code of practice for the time being, or from time to time, adopted by a body which, in the opinion of the Current as at 1 November 2013 Page 47

Travel Agents Act 1988 Part 6 Miscellaneous [s 57] Governor in Council, represents the interests of a substantial number of persons licensed under this Act. (4) A regulation made under subsection (2)(b) may provide that a prescribed qualification for the holder of a licence may be a qualification specified in the regulation or such other qualification as, in the particular case, the commissioner accepts as qualifying a person to hold a licence. Page 48 Current as at 1 November 2013

Endnotes Travel Agents Act 1988 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 7 Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992 , section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 November 2013. Future amendments of the Travel Agents Act 1988 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. Current as at 1 November 2013 Page 49

Travel Agents Act 1988 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 2 2A 2B Amendments to 1993 Act No. 82 1995 Act No. 58 1996 Act No. 79 1996 Act No. 79 Effective 17 December 1993 28 November 1995 20 November 1996 28 February 1997 Reprint date 23 November 1994 7 December 1995 11 February 1997 14 March 1997 Page 50 Current as at 1 November 2013

Travel Agents Act 1988 Endnotes Reprint No. 2C 3 3A 3B Amendments to 1997 Act No. 82 2000 Act No. 5 2000 Act No. 46 2001 Act No. 45 Effective 6 December 1998 23 March 2000 25 October 2000 15 July 2001 Reprint No. 3C 3D 3E 3F 4 4A 4B 4C Amendments included 2003 Act No. 4 2003 Act No. 94 2003 Act No. 94 2006 Act No. 10 — 2008 Act No. 69 2009 Act No. 24 2010 Act No. 54 Effective 4 March 2003 3 December 2003 15 March 2004 15 March 2006 15 March 2006 22 May 2009 1 December 2009 1 January 2011 Current as at 1 November 2013 Amendments included 2013 Act No. 51 Reprint date 26 March 1999 7 April 2000 8 November 2000 26 October 2001 Notes R3F withdrawn, see R4 Notes RA s 44 5 List of legislation Travel Agents Act 1988 No. 56 date of assent 12 May 1988 ss 1–2 commenced on date of assent (see s 2(1)) ss 3–11, 14–30 and 36–59 commenced 1 July 1988 (proc pubd ind gaz 4 June 1988 p 385) remaining provisions commenced 1 October 1988 (proc pubd ind gaz 4 June 1988 p 385) amending legislation— Consumer Law (Miscellaneous Provisions) Act 1993 No. 82 ss 1–3 sch 1 date of assent 17 December 1993 commenced on date of assent Consumer Law (Miscellaneous Provisions) Act 1995 No. 1 pts 1, 6 date of assent 3 March 1995 ss 1–2 commenced on date of assent remaining provisions commenced 17 April 1995 (1995 SL No. 89) Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Consumer Law and Other Justice Legislation (Miscellaneous Provisions) Act 1996 No. 56 pts 1, 24 date of assent 20 November 1996 Current as at 1 November 2013 Page 51

Travel Agents Act 1988 Endnotes commenced on date of assent Justice Legislation (Miscellaneous Provisions) Act 1996 No. 79 pts 1, 31 date of assent 12 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 28 February 1997 (1997 SL No. 35) Justice and Other Legislation (Miscellaneous Provisions) Act (No. 2) 1997 No. 82 ss 1, 2(2), pt 24 date of assent 5 December 1997 ss 1–2 commenced on date of assent remaining provisions commenced 6 December 1998 (automatic commencement under AIA s 15DA(2)) Police Powers and Responsibilities Act 2000 No. 5 ss 1–2(1)–(2), 373 sch 2 date of assent 23 March 2000 commenced on date of assent (see s 2(1)–(2)) Statute Law (Miscellaneous Provisions) Act 2000 No. 46 ss 1, 3 sch date of assent 25 October 2000 commenced on date of assent Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) Financial Services Reform (Consequential Amendments) Act 2003 No. 4 pts 1, 8 date of assent 4 March 2003 commenced on date of assent Tourism, Racing and Fair Trading (Miscellaneous Provisions) Act 2003 No. 94 ss 1, 2(3), pt 16 date of assent 3 December 2003 ss 1–2 commenced on date of assent s 91 commenced 15 March 2004 (2004 SL No. 12) remaining provisions commenced on date of assent Property Agents and Motor Dealers and Other Acts Amendment Act 2006 No. 10 ss 1, 89 sch 2 date of assent 15 March 2006 commenced on date of assent Justice (Fair Trading) Legislation Amendment Act 2008 No. 69 pts 1, 14, s 103 sch date of assent 11 December 2008 ss 1–2 commenced on date of assent remaining provisions commenced 22 May 2009 (2009 SL No. 68) Page 52 Current as at 1 November 2013

Travel Agents Act 1988 Endnotes Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 5 pt 73 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Fair Trading (Australian Consumer Law) Amendment Act 2010 No. 54 ss 1–2, 67 sch date of assent 1 December 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2011 (2010 SL No. 359) Directors’ Liability Reform Amendment Act 2013 No. 51 ss 1–2(1), pt 74 date of assent 29 October 2013 ss 1–2 commenced on date of assent remaining provisions commenced 1 November 2013 (see s 2(1)) 6 List of annotations Commencement s 2 om R2 (see RA s 37) Arrangement s 4 om R1 (see RA s 36) Definitions prov hdg sub 1993 No. 82 s 3 sch 1 s 6 amd 1993 No. 82 s 3 sch 1 def appropriately qualified ins 2003 No. 94 s 90 def approved form ins 1995 No. 58 s 4 sch 1 def authorised officer amd 2000 No. 5 s 373 sch 2 def commissioner ins 2010 No. 54 s 67 sch def commissioner or commissioner for consumer affairs sub 1993 No. 82 s 3 sch 1 om 2010 No. 54 s 67 sch def commissioner for consumer affairs ins 2010 No. 54 s 67 sch def criminal history ins 2008 No. 69 s 104 def exempted person amd 1995 No. 58 s 4 sch 1 def functions om R1 (see RA s 39) def inspector sub 1993 No. 82 s 3 sch 1 def Minister om R1 (see RA s 39) def officer sub 1993 No. 82 s 3 sch 1 amd 2001 No. 45 s 29 sch 3 sub 2003 No. 4 s 19 def QCAT information notice ins 2009 No. 24 s 823 def spent conviction ins 2008 No. 69 s 104 def trust deed amd 1996 No. 56 s 197 Crown etc. not required to obtain licence s 8 om 2006 No. 10 s 89 sch 2 Current as at 1 November 2013 Page 53

Travel Agents Act 1988 Endnotes Business of travel agent s 9 amd 2008 No. 69 s 103 sch Changes to Act’s application s 10 sub 1995 No. 58 s 4 sch 1 Application for a licence s 14 amd 1995 No. 58 s 4 sch 1; 2008 No. 69 s 105 Investigation of applicants s 15A ins 2008 No. 69 s 106 Costs of criminal history report s 15B ins 2008 No. 69 s 106 Confidentiality of criminal history s 15C ins 2008 No. 69 s 106 Determination of application s 18 amd 2003 No. 4 s 20; 2009 No. 24 s 824 Duration of licence s 19 amd 1995 No. 58 s 4 sch 1; 2003 No. 4 s 21; 2003 No. 94 s 91 Register of licences s 23 amd 1995 No. 58 s 4 sch 1 Notice to show cause s 24 amd 2003 No. 4 s 22 Determination of disciplinary measures by the commissioner s 25 amd 2009 No. 24 s 825 Division 3—Review by QCAT of particular decisions div hdg sub 2009 No. 24 s 826 Review of commissioner’s decisions s 26 amd 1995 No. 58 s 4 sch 1; 2000 No. 46 s 3 sch; 2008 No. 69 s 103 sch sub 2009 No. 24 s 826 QCAT’s power on review of particular decisions by the commissioner s 26A ins 2009 No. 24 s 826 Review of compensation scheme trustees’ decisions about participation in the compensation scheme s 27 sub 2009 No. 24 s 826 QCAT’s power on review of particular compensation scheme trustees’ decisions s 27A ins 2009 No. 24 s 826 Conducting and deciding reviews concurrently s 28 sub 2009 No. 24 s 826 Employment of disqualified person s 35 amd 2003 No. 4 s 23 Page 54 Current as at 1 November 2013

Travel Agents Act 1988 Endnotes Approval of trust deed s 36 amd 1995 No. 58 s 4 sch 1; 2008 No. 69 s 103 sch Validation of certain amendments s 36A ins 1996 No. 56 s 198 Validation of certain acts etc. s 36B ins 1996 No. 56 s 198 Obligation of licensee to be a member of the compensation scheme s 37 amd 2009 No. 24 s 827 Claims s 41 amd 2009 No. 24 s 828 Compensation scheme trustees to have certain rights by subrogation and otherwise s 42 amd 2003 No. 4 s 24 Delegation by commissioner s 44 sub 2003 No. 94 s 92 Delegation by chief executive s 44A ins 2003 No. 94 s 92 Certain powers of entry etc. for records required to be kept under Act prov hdg sub 1997 No. 82 s 92(1) s 45 amd 1997 No. 82 s 92(2) Entry of place by authorised officer s 45A ins 1997 No. 82 s 93 Warrants s 45B ins 1997 No. 82 s 93 Warrants—applications made otherwise than in person s 45C ins 1997 No. 82 s 93 Authorised officer’s general powers in a place s 45D ins 1997 No. 82 s 93 Power to require name and address s 45E ins 1997 No. 82 s 93 Procedure after thing seized s 45F ins 1997 No. 82 s 93 Obstructing etc. authorised officers s 45G ins 1997 No. 82 s 93 Compensation s 45H ins 1997 No. 82 s 93 Consent to entry s 45I ins 1997 No. 82 s 93 Current as at 1 November 2013 Page 55

Travel Agents Act 1988 Endnotes Evidence of consent s 45J ins 1997 No. 82 s 93 Report on operation of Act s 48 sub 1996 No. 79 s 109 False or misleading information or documents s 50 sub 2003 No. 94 s 93 Offences by corporations prov hdg amd 2003 No. 4 s 25(1) s 52 amd 2003 No. 4 s 25(2) om 2013 No. 51 s 214 Evidence s 56 amd 2008 No. 69 s 103 sch Approval of forms s 56A ins 1995 No. 58 s 4 sch 1 Regulation-making power prov hdg sub 1995 No. 58 s 4 sch 1 s 57 amd 1995 No. 58 s 4 sch 1 Transitional provision about forms s 58 prev s 58 om 1995 No. 1 s 21 pres s 58 ins 1995 No. 58 s 4 sch 1 exp 28 May 1996 (see s 58(3)) Review of operation of Act s 59 om 1995 No. 1 s 21 7 Forms notified or published in the gazette Lists of forms are no longer included in reprints. Now see the separate forms document published on the website of the Office of the Queensland Parliamentary Counsel at <www.legislation.qld.gov.au> under Information—Current annotations. This document is updated weekly and the most recent changes are marked with a change bar. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 56 Current as at 1 November 2013