Commercial and Consumer Tribunal Regulation 2003

Queensland Commercial and Consumer Tribunal Act 2003 Commercial and Consumer Tribunal Regulation 2003 Reprinted as in force on 1 September 2009 Reprint No. 2E This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2009 Act No. 23 s 243

Information about this reprint This regulation is reprinted as at 1 September 2009. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Commercial and Consumer Tribunal Regulation 2003 Contents Part 1 1 2 Part 2 3 4 5 Part 3 6 Part 4 7 8 Part 5 9 10 10A 11 Part 6 12 Schedule 1 Schedule 2 Schedule 3 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Performance appraisal Entering into performance agreement . . . . . . . . . . . . . . . . . . . . . 3 Review of member’s performance against performance agreement .................................... 4 Code of conduct for member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Case manager’s matters Case manager’s matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Fees Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Waiver of application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Miscellaneous Registry is registry for other entities . . . . . . . . . . . . . . . . . . . . . . . 6 Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Matters for which summary decision may be made—Act, s 125 . 7 Contact details and address for service of application or defence 7 Regulations repealed Regulations repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Case manager’s matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Registry for other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Endnotes 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

2 Commercial and Consumer Tribunal Regulation 2003 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 15 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

s1 3 s3 Commercial and Consumer Tribunal Regulation 2003 Commercial and Consumer Tribunal Regulation 2003 [as amended by all amendments that commenced on or before 1 September 2009] Part 1 Preliminary 1 Short title This regulation may be cited as the Commercial and Consumer Tribunal Regulation 2003 . 2 Commencement This regulation commences on 1 July 2003. Part 2 Performance appraisal 3 Entering into performance agreement (1) As soon as practicable after a member is appointed, the member must enter into a performance agreement with— (a) if the member is the chairperson—the Minister; or (b) for another member—the chairperson. (2) The agreement must be in writing and signed by— (a) the chairperson and the Minister; or (b) the member and the chairperson.

s4 4 s6 Commercial and Consumer Tribunal Regulation 2003 4 Review of member’s performance against performance agreement (1) A member’s performance against the performance agreement under section 3— (a) must be reviewed at least once each year during the term of the member’s appointment; and (b) may be reviewed at intervals shorter than 1 year if the chairperson directs, or the member requests, that the member’s performance be reviewed. (2) The member’s performance against the agreement must be reviewed by— (a) if the member is the chairperson—the Minister; or (b) for another member—the chairperson. (3) After a review, the agreement must be renewed. 5 Code of conduct for member (1) The chairperson may develop and approve a code of conduct for the members of the tribunal. (2) The code of conduct must be in writing. Part 3 Case manager’s matters 6 Case manager’s matters An application or matter listed in schedule 1 is a case manager’s matter.

s7 5 s8 Commercial and Consumer Tribunal Regulation 2003 Part 4 Fees 7 Fees (1) The following fees are payable to a person required to appear as a witness in the tribunal— (a) an attendance fee of $49 for each day; (b) if the person travels to and from the tribunal by air and it is reasonable in the circumstances to travel by air—a travelling fee equal to the amount payable for economy class air travel by the person to and from the tribunal; (c) if paragraph (b) does not apply—a travelling fee that is the lesser of the following amounts— (i) the amount actually and properly paid for public transport fares; (ii) if there is no public transport available—40c per kilometre and $10 for each day; (d) if the person is required to attend to give evidence for more than 1 day, and it is not reasonably practicable for the person to return to the person’s place of residence on any day on which the person is required to attend at the tribunal—an accommodation fee of $90 for each overnight stay. (2) The other fees payable under the Act are in schedule 2. 8 Waiver of application fee (1) A party may apply to have an application fee waived. (2) The application must be made to the director in the approved form. (3) The director may waive the application fee. (4) In deciding whether to waive the application fee, the director may— (a) consider whether a party has the financial capacity to pay the fee, including, for example, by considering the following—

s 9 6 s 10 Commercial and Consumer Tribunal Regulation 2003 (i) if the party is an individual, whether the party holds a concession card; (ii) whether the party is a non-profit organisation; and (b) require a party to provide documentary evidence to support the application. Example of documentary evidence — • a concession card • a copy of the non-profit organisation’s constitution (5) In this section— concession card means— (a) a health care card or pensioner concession card under the Social Security Act 1991 (Cwlth); or (b) a pensioner concession card issued by the Commonwealth Department of Veterans’ Affairs. non-profit organisation means an organisation not carried on for the profit or gain of its individual members. Example — a charity, church, club or environmental protection society Part 5 Miscellaneous 9 Registry is registry for other entities For section 20(3) of the Act, the other entities are listed in schedule 3. 10 Interest (1) For sections 93(2)(c) and 115(2)(d) of the Act, interest is payable on the amount ordered to be paid— (a) if the parties have entered into a contract—at the rate specified under the contract; or (b) at the rate agreed between the parties; or

s 10A 7 Commercial and Consumer Tribunal Regulation 2003 s 11 (c) otherwise—at the rate of 10%. (2) The interest is payable on and from the day after the day that the amount became payable until and including the day the amount is paid. 10A Matters for which summary decision may be made—Act, s 125 For section 125(2)(a) of the Act, the following matters are prescribed— (a) a building dispute under the Queensland Building Services Authority Act 1991 ; or (b) the recovery of a debt under the Queensland Building Services Authority Act 1991 , section 71; or (c) a matter under the Domestic Building Contracts Act 2000 , section 18, 55, 60 or 84. 11 Contact details and address for service of application or defence (1) An application 1 or a defence 2 must state— (a) if a solicitor acts for the party— (i) the party’s residential or business address; and (ii) the name of the solicitor and, if the solicitor practises in a firm of solicitors, the name of the firm; and (iii) the solicitor’s business address; and (iv) if the address specified under subparagraph (iii) is not the party’s address for service or is not a Queensland address—an address for service in Queensland including, for example, an address approved by the tribunal as the address for service; and 1 Section 31 (How to start proceedings) or 32 (Application by a group of individuals) of the Act 2 Section 33 (Defence and counterclaim) of the Act

s 12 8 s 12 Commercial and Consumer Tribunal Regulation 2003 (v) the solicitor’s phone number; and (vi) the solicitor’s fax number; or (b) otherwise— (i) the party’s residential or business address; and (ii) the party’s phone number, if any; and (iii) if the party does not have a phone number—a phone number at which the party may be contacted; and (iv) the party’s fax number, if any. (2) A solicitor may include the solicitor’s email address or document exchange address with the details required under subsection (1)(a). (3) A party may include the party’s email address with the details required under subsection (1)(b). (4) Notice of any change in a party’s address for service must be filed in the tribunal and served on all other parties. Part 6 Regulations repealed 12 Regulations repealed The following regulations are repealed— • Liquor (Tribunal) Regulation 2002 ; • Property Agents and Motor Dealers (Tribunal) Regulation 2002 ; • Queensland Building Tribunal Regulation 2000 ; • Retirement Villages (Tribunal) Regulation 2002 .

9 Commercial and Consumer Tribunal Regulation 2003 Schedule 1 Case manager’s matters section 6 Section 31(4) (How to start proceedings) Section 39(4) (Amendment as to parties) Section 41(1)(b)(i) (Service of documents) Section 44(2) (Informal service) Section 45(2) (Tribunal to fix time and place for proceedings) Section 47(5) (Way tribunal is to conduct proceedings) Section 50 (Directions and orders) Section 52 (Extension of time and waiver of compliance) Section 61(2) (Withdrawal by applicant) Section 61(3) (Withdrawal by applicant) Section 61(4) (Withdrawal by applicant) Section 62 (Withdrawal by respondent) Section 76(2)(e) (Who represents party at other proceedings) Section 76(3) (Who represents party at other proceedings) Section 77 (Tribunal may require witness to attend) Section 82 (Referral of matters for expert report) Section 118(1) (Method of mediation)

10 Commercial and Consumer Tribunal Regulation 2003 Schedule 2 Fees Part 1 Application fees section 7(2) 1 Application under section 102 of the Act for a review under— (a) the Architects Act 2002 , section 121(1) . . . . . . . . . (b) the Building Act 1975 , section 205(2) . . . . . . . . . . (c) the Disability Services Act 2006 , section 108(1)(a) or (b) or 113(2)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . (d) the Plumbing and Drainage Act 2002 , section 129(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) the Professional Engineers Act 2002 , section 122(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) the Property Agents and Motor Dealers Act 2000 — (i) section 483 . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) section 501 . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) the Queensland Building Services Authority Act 1991 , section 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Application under section 113 of the Act— (a) for an extension of time under the Property Agents and Motor Dealers Act 2000 , section 511(1) . . . . . (b) to hear and decide— (i) an application made to the tribunal under the Body Corporate and Community Management Act 1997 , section 48, 133, 149A, 149B or 178 . . . . . . . . . . . . . . . . . . . . . (ii) an application made to the tribunal under the Domestic Building Contracts Act 2000 , section 18(6)(b), 55(4), 60(3) or 84(2)(b) or (3)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 245.00 245.00 62.00 245.00 245.00 62.00 130.00 245.00 62.00 245.00 245.00

11 Commercial and Consumer Tribunal Regulation 2003 Schedule 2 (continued) (iii) an application made to the tribunal under the Manufactured Homes (Residential Parks) Act 2003 , section 22(4), 35(2), 38(1), 39(2), 50(2), 52(3), 53(5), 55(2), 70(2), 71(7), 72, 74(2), 82(2), 90(3), 94(4), 98(4) or 140 . . . . . (iv) a building dispute under the Queensland Building Services Authority Act 1991 , section 77(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (v) a retirement villages dispute under the Retirement Villages Act 1999 , section 167 . . . (c) to hear and decide an appeal under— (i) the Body Corporate and Community Management Act 1997 , section 289 . . . . . . . . (ii) the Disability Services Act 2006 , section 212(1) or (2) . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) the Liquor Act 1992 , section 31(1)— (A) for an appellant who has a direct or indirect financial interest in licensed premises that may be affected by the outcome of the appeal . . . . . . . . . . . . . . (B) for another appellant . . . . . . . . . . . . . . . (iv) the Residential Services (Accreditation) Act 2002 , section 159(1) . . . . . . . . . . . . . . . . . . . . 3 Application under the Retirement Villages Act 1999 , section 157 to have a retirement village dispute referred to mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62.00 245.00 62.00 245.00 62.00 245.00 62.00 245.00 62.00

12 Commercial and Consumer Tribunal Regulation 2003 Part 2 Schedule 2 (continued) Miscellaneous fees Inspection of register 1 Inspecting the register kept under section 22(2)(a) of the Act— (a) for each hour or part of an hour . . . . . . . . . . . . . . . (b) maximum fee for a day . . . . . . . . . . . . . . . . . . . . . . Certificate 2 Supplying a certificate as to the correctness of a matter in the register under section 22(2)(c) of the Act—in addition to an amount under item 3 . . . . . . . . . . . . . . . . Copies 3 Black and white copy of a record or information, other than a plan or drawing, filed in the registry, for each page— (a) for less than 20 pages . . . . . . . . . . . . . . . . . . . . . . . (b) for 20 to 50 pages . . . . . . . . . . . . . . . . . . . . . . . . . . (c) for more than 50 pages . . . . . . . . . . . . . . . . . . . . . . 4 Colour copy of a record or information, other than a plan or drawing, filed in the registry, for each page— (a) A4 page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) A3 page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Copy of a plan or drawing, filed in the registry, for each page— (a) A3 page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) A2 page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) A1 page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attendance notice 6 Application to issue an attendance notice under section 77 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13.00 52.00 48.00 1.50 1.30 1.00 4.50 4.80 3.90 4.90 6.30 15.50

13 Commercial and Consumer Tribunal Regulation 2003 Schedule 2 (continued) Officer’s attendance 7 For an officer of the staff of the registry to accompany a record or document at a place out of the registry, for each day or part of a day the officer is necessarily absent from the registry—in addition to the officer’s reasonable travelling and other expenses . . . . . . . . . . . . $ 145.00

14 Commercial and Consumer Tribunal Regulation 2003 Schedule 3 Registry for other entities section 9 1 The Racing Appeals Tribunal established under the Racing Act 2002 , section 150 2 a misconduct tribunal established under the Misconduct Tribunals Act 1997 , section 11 3 the Nursing Tribunal as continued under the Nursing Act 1992 , section 84 4 a panel of referees convened under the Fire and Rescue Service Act 1990 , section 104SC 5 the Veterinary Tribunal of Queensland constituted under the Veterinary Surgeons Act 1936 , section 15A

15 Commercial and Consumer Tribunal Regulation 2003 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 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 September 2009. Future amendments of the Commercial and Consumer Tribunal Regulation 2003 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 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 edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

16 Commercial and Consumer Tribunal Regulation 2003 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 1D 1E 2 2A 2B 2C 2D 2E Amendments included none 2003 SL No. 166 2004 SL No. 103 2004 SL No. 176 2005 SL No. 135 2005 SL No. 288 — 2006 SL No. 162 2007 SL No. 149 2008 SL No. 266 2009 Act No. 24 2009 SL No. 181 Effective 1 July 2003 18 July 2003 1 July 2004 3 September 2004 1 July 2005 2 December 2005 2 December 2005 1 July 2006 1 July 2007 1 September 2008 26 June 2009 1 September 2009 Notes R1E withdrawn, see R2 5 List of legislation Commercial and Consumer Tribunal Regulation 2003 SL No. 144 made by the Governor in Council on 26 June 2003 notfd gaz 27 June 2003 pp 749–56 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) exp 1 September 2013 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Commercial and Consumer Tribunal Amendment Regulation (No. 1) 2003 SL No. 166 notfd gaz 18 July 2003 pp 1016–17 commenced on date of notification Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2004 SL No. 103 notfd gaz 25 June 2004 pp 573–81 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Commercial and Consumer Tribunal and Other Legislation Amendment Regulation (No. 1) 2004 SL No. 176 pts 1–2 notfd gaz 3 September 2004 pp 99–100 commenced on date of notification

17 Commercial and Consumer Tribunal Regulation 2003 Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2005 SL No. 135 notfd gaz 24 June 2005 pp 639–45 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Commercial and Consumer Tribunal Amendment Regulation (No. 1) 2005 SL No. 194 notfd gaz 12 August 2005 pp 1297–1303 commenced on date of notification (amdt could not be given effect) Commercial and Consumer Tribunal Amendment Regulation (No. 2) 2005 SL No. 288 notfd gaz 2 December 2005 pp 1268–71 commenced on date of notification Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2006 SL No. 162 ss 1–2, 3 sch notfd gaz 30 June 2006 pp 1060–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2007 SL No. 149 ss 1–3, sch notfd gaz 29 June 2007 pp 1157–65 ss 1–2 commenced on date of notification sch (to the extent it ins new Commercial and Consumer Tribunal Regulation 2003 sch 2 pt 1 item 2(b)(i)) commenced 1 July 2007 immediately after the commencement of the Body Corporate and Community Management and Other Legislation Amendment Act 2007 No. 11 (see s 2(1)) remaining provisions commenced 1 July 2007 (see s 2(2)) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2008 SL No. 266 notfd gaz 22 August 2008 pp 2651–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2008 (see s 2) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 9 pt 12 date of assent 26 June 2009 commenced on date of assent Justice Legislation (Fees) Amendment Regulation (No. 1) 2009 SL No. 181 notfd gaz 28 August 2009 pp 1491–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2009 (see s 2)

18 Commercial and Consumer Tribunal Regulation 2003 6 List of annotations Registry is registry for other entities prov hdg amd 2009 Act No. 24 s 1395(1) s 9 amd 2009 Act No. 24 s 1395(2) Matters for which summary decision may be made—Act, s 125 s 10A ins 2003 SL No. 166 s 3 SCHEDULE 2—FEES amd 2003 SL No. 166 s 4 sub 2004 SL No. 103 s 3 sch amd 2004 SL No. 176 s 3 sub 2005 SL No.135 s 3 sch amd 2005 SL No. 194 s 3 (amdt could not be given effect); 2005 SL No. 288 s 3 sub 2006 SL No. 162 s 3 sch; 2007 SL No. 149 s 3 sch; 2008 SL No. 266 s 3 sch; 2009 SL No. 181 s 3 sch SCHEDULE 3—REGISTRY FOR OTHER ENTITIES sch hdg amd 2009 Act No. 24 s 1396(1) sch 3 amd 2009 Act No. 24 s 1396(2) © State of Queensland 2009