Government acts to further protect Great Barrier Reef

Minister for Climate Change and Sustainability

The Honourable Kate Jones

11/12/2010

Government acts to further protect Great Barrier Reef

The Queensland Government is taking further action to protect freshwater wetlands in river systems that flow into the Great Barrier Reef World Heritage Area.

Climate Change and Sustainability Minister Kate Jones today announced the release of draft laws to protect wetlands of high ecological significance (HES) at risk of environmental damage from high impact earthworks.

"Wetlands are the Reef's natural kidneys and without them the Reef would suffocate. They play a vital role in the state's landscape and biodiversity," Ms Jones said.

"But they have been at risk of environmental damage because in the past major earthworks on freehold land have not required a development approval.

"The draft State Planning Policy released today aims to permanently address this concern."

Ms Jones said members of the community are invited to comment on the draft policy, which is the next step toward cementing the Temporary State Planning Policy put in place for Great Barrier Reef wetlands protection earlier this year.

"The protection of Queensland's wetlands is part of the Bligh Government's 10 year reef water quality protection plan released in 2009," she said.

"Following consultation and consideration of more than 50 pubic submissions regarding the Temporary policy, the government has decided that permanent planning and development laws are required and should be extended to the southern catchments of the Burnett and Mary Rivers.

"The draft laws will apply to wetlands of high ecological significance from the Mary River to the Daintree River catchments.

"These wetlands cover a small area and are vulnerable to major development yet they play a vital role in maintaining water quality and are often essential habitat for iconic native wildlife.

"The new State Planning Policy is about developing a consistent local government approach to ensure that activities in GBR catchments do not hinder natural water flows."

The draft laws provide permanent planning and development requirements for draining, filling and levelling works and building channels or diversion banks near designated HES wetlands.

Domestic and low-impact earthworks, such as fencing or the construction of small structures like sheds, remain exempt from the draft laws, as are routine agricultural activities such as crop rotation, fallowing fields and harvesting.

The draft planning laws can be viewed at www.derm.qld.gov.au or by contacting the SPP Project Manager on 13 74 68.

Million dollar makeover for Queensland casinos

Premier and Minister for the Arts

The Honourable Anna Bligh

11/12/2010

Million dollar makeover for Queensland casinos

The Bligh Government has given the green light to a $625 million investment for the Gold Coast, Brisbane and Townsville casinos, providing a shot in the arm for tourism and jobs.

Premier Anna Bligh welcomed Tabcorp's significant investment and said it was a sign of confidence in the state's tourism industry.

"This major redevelopment is a great leap forward for our tourism industry, providing yet another drawcard to our cities, while boosting jobs in the construction and gaming industries," Ms Bligh said.

"Tabcorp's proposal is timely, particularly for the Gold Coast, coinciding with the government's bid for the 2018 Commonwealth Games.

"It would provide much-needed new hotel rooms for the influx of international and domestic tourists, should our bid be successful.

"With the Gold Coast construction due to start in 2011 it's also great news for local tradies and builders and suppliers who have been doing it tough - it's a reason to enter the new year with a new optimism."

Tabcorp's investment would see a new five-star hotel in Brisbane, along with an upgrade of existing gaming space and hotel rooms at the Treasury Casino.

Townsville's casino would be refurbished, and gaming and non-gaming facilities at Jupiter's Casino would be upgraded, including eight new restaurants and bars, a new private gaming room for VIPs, and an upgrade of the gaming floor.

As part of the redevelopment, 500 gaming machines have been allocated to be shared across the Gold Coast and Brisbane casinos.

Minister for gaming Peter Lawlor said the machines would be sourced from existing, unallocated machine licences.

"The machines will be reallocated from within the current cap, so there will be no increase overall in poker machines in Queensland," he said.

Mr Lawlor said Tabcorp would implement voluntary player pre-commitment in all its Queensland gaming venues, confirming Queensland as the state with the most pre-commitment machines in the country.

"Tabcorp has undertaken to install pre-commitment technology in its gaming machines, which helps to address problems associated with gambling," Mr Lawlor said.

Player pre-commitment allows patrons to set individual limits on time or money, prior to playing the machines. The Bligh Government trialled this technology in 2008 - and to date - almost 50 venues have signed up.

Treasurer Andrew Fraser said the proposal would increase investment and create more jobs in Queensland.

"About 3,000 construction jobs will be created over the life of the project, and once fully established, the project will create demand for 1,400 jobs," Mr Fraser said.

"No increase in poker machines, new attractions and accommodation for tourism, and a massive investment to stimulate employment, is a 'win-win-win' for Queensland."

Mr Fraser said the 500 machines would be drawn from the hotel's allocation and in return the government would adjust current taxation rates from 1 July 2012 to ensure the project is revenue neutral.

The arrangements include

· The base tax rate for hotels will be set at 35% (currently 35.91%)

· The top marginal rate applying to clubs will be reduced to 35% (to maintain consistency with current tax arrangements)

· The thresholds for the Health Services Levy will be adjusted upwards from $100 000 to $140 000

· The gaming machine cap for individual hotels will be increased from 40 to 45.

However, this will not result in additional machines overall as the machine authorities will need to be sourced from other hotels, for example by purchasing from within the hotel market.

Taken together the package will ensure that the overall gaming machine revenue tax take will not increase because of the new arrangements.

New consumer laws for all Australians from 1 January

December 2010

Message from the Minister

Welcome to a special 'Australian Consumer Law' edition of the Smart Business Bulletin.

The introduction of the Australian Consumer Law on 1 January 2011 will bring a number of important changes to the Queensland marketplace. For the first time businesses trading across state borders will be regulated by a single set of rules, and consumers will enjoy a broader range of protections covering a greater range of transactions.

This special edition is designed to give you an overview of the Australian Consumer Law and how it may affect your business.

For more information visit

www.fairtrading.qld.gov.au.

Peter Lawlor MP

Minister for Tourism and Fair Trading

Introduction to the Australian Consumer Law

On 1 January 2011, a single, national consumer protection and fair trading law will commence across Australia. It will mean that businesses only have to comply with one fair trading law, regardless of where they are located in Australia.

The Australian Consumer Law (ACL) replaces the

Commonwealth Trade Practices Act 1974 and large sections of Queensland's Fair Trading Act 1989.

The new Commonwealth Act will be called the Competition and Consumer Act 2010.

The ACL is designed to:

• reduce costs to business, as they will only need to comply with one set of national laws

• enable the confident participation of consumers in markets in which both consumers and businesses trade fairly

• improve consumer wellbeing through consumer empowerment and protection

• foster competition. It is essential that businesses and legal practitioners familiarise themselves with the new legislation to ensure compliance from 1 January 2011.

A series of guides are available, covering:

• consumer guarantees – an updated set of rights and remedies, similar to Queensland's current refund and warranty laws

• sales practices – provisions relating to door-to-door trading, telemarketing, the unsolicited supply of goods and services, lay-by agreements and how goods and services are priced

• avoiding unfair business practices – advice on avoiding activities that constitute misleading or deceptive conduct and false or misleading representations

• product safety – a new national regime will commence as part of the ACL

• unfair contract terms – a court will be able to void unfair terms in standard form consumer contracts.

From 1 January 2011, you will be able to order hard copies of these resources from the Queensland Government bookshop.

What's changing for Queensland businesses?

The provisions of the ACL are drawn from Australia's existing fair trading laws, so most businesses will already be familiar with many parts of the ACL.For Queensland businesses, there are a few significant changes:

• Lay-by agreements must now be in writing and clearly expressed in plain language. If a consumer terminates a lay-by agreement, the business may only charge a reasonable termination fee (one that covers its costs).

• A business cannot display a price that is only part of the total cost of an item, without also displaying the total cost as prominently as the part cost. For example, if a consumer must sign a two year contract to qualify for a particular deal, you must display the minimum cost over the two years of the contract, not just a monthly cost.

• The provisions for door-to-door sales have changed. A consumer is now entitled to a 10 business day cooling-off period. To assist businesses with the transition to these new rules, a business may comply with either the ACL or the pre-existing Queensland laws, up to 30 June 2011.

• A national regime for product safety will be introduced. Governments will have increased power to issue safety warning notices to the public, issue temporary or permanent bans on unsafe products and compel a business to recall an unsafe product.

Anyone involved in the supply chain of a product who becomes aware that it has caused death or serious injury/illness must notify the ACCC.

Seminars

In early 2011, fair trading experts will be conducting seminars for businesses and consumers throughout Queensland.

Business' new obligations under the law will be discussed, and fair trading experts will be available to answer your questions.

The seminars are free and open to anyone.

Video resources

A general introduction to the ACL, focusing on consumer guarantees and sales practices, was presented on 26 October.

Click here to watch the video.

A product safety presentation, discussing mandatory reporting and recalls, was hosted on 12 November.

Click here to watch the video.

A training module for businesses, focusing on consumer guarantees, has been produced by the Australian Competition and Consumer Commission.

Watch or download the video here.

Stay up-to-date
You will soon be able to keep up-to-date with OFT by following us on Twitter and Facebook. In the meantime, ensure your home is safe for young children by watching our new furniture safety video on

YouTube.

To keep up-to-date with the latest business news and tips, subscribe to Smart Business Bulletin at www.fairtrading.qld.gov.au/sbb.

For our current readers - don't forget, the survey is still open. We would appreciate it if you could take a few minutes to complete the following survey, as your responses will help us shape future issues of Smart Business Bulletin. Once you've completed the survey, enter the email address used to subscribe to Smart Business Bulletin to enter the draw. Completed surveys received by the closing date of Friday 10 December 2010 will go into the running to win a $100 Coles Group and Myer gift voucher.

Start the survey now!

More information
For more information, visit the Office of Fair Trading website or the Australian Consumer Law website. From 1 January 2011, the information on the Office of Fair Trading website will reflect the changes to marketplace rules that are introduced by the ACL.

Crime does not pay as DPP targets $27m from crooks

Attorney-General and Minister for Industrial Relations

The Honourable Cameron Dick

10/12/2010

Crime does not pay as DPP targets $27m from crooks

Queensland's crackdown on the ill-gotten gains of criminal activities continued in 2009-10, with the Office of the Director of Public Prosecutions helping to target cash and assets worth almost $27 million from criminals.

Attorney-General Cameron Dick praised the performance of the ODPP's confiscations unit when tabling the office's annual report today.

"The Bligh Government is determined to stop criminals from profiting from serious illegal activity and the ODPP plays a vital role in recovering these ill-gotten gains," Mr Dick said.

"Seizing the proceeds of crime not only strips criminals of their cash and assets but also takes away the power that wealth gives them and hinders their capacity to reoffend.

"The community as a whole benefits from this excellent work by the ODPP, which works with the Crime and Misconduct Commission to recover millions of dollars in funds that would otherwise have remained in the hands of criminals."

Mr Dick said the ODPP, acting for the CMC, commenced 69 new confiscation proceedings and obtained 97 new restraining orders during 2009-10, restraining assets valued at $19.5 million.

"Assets worth $5.57 million were also forfeited to the state, up 68 per cent from last year.

"In addition, $1.12 million was collected from criminals through penalty orders and another $571,000 in cash was forfeited.

"As a result of the combined efforts of the ODPP and the CMC, the total amount recovered from criminals in 2009-10 reached $26.76 million.

"Since the confiscation scheme commenced in 2002, assets valued at more than $110 million have been restrained and $22.2 million has been forfeited."

Mr Dick said the confiscation totals were achieved during a busy year for the ODPP, with the prosecution service involved in more than 1000 criminal trials and more than 5000 sentences during 2009-10.

He said more than 43,000 offences relating to 11,246 accused were referred to the ODPP for prosecution.

"Of these, 1951 matters were dealt with in the Magistrates Court and a total of 4525 indictments were presented in the Supreme or District courts," Mr Dick said.

"ODPP prosecutors conducted 1028 trials and prosecutors and legal officers appeared at 5473 sentences and 259 bail applications.

"The office also provided assistance to victims of crime through its 16 victim liaison officers across the state, with more than 39,000 instances of contact with victims during the financial year.

"I commend the Director of Public Prosecutions and his staff for continuing to provide Queenslanders with a professional prosecution service."

Attorneys-general to discuss legal gags on Facebook

OPTIONS to enforce legal gags on users of social networking websites like Facebook will be discussed today at a meeting of Australia's attorneys-general.

One of the attorneys-general, John Rau, from South Australia, this morning said he would raise concerns about the effectiveness of suppression orders in the age of social networking.

"The publishing on a site such as Facebook of the name of an accused, whose identity is suppressed, could prejudice a fair trial and prevent justice being done," he said.

"It is vital that we work to ensure that justice, in respect of all crimes, is administered fairly and this requires looking at the changing face of technology and social media."

Suppression orders are issued by courts to prevent newspapers and other types of media revealing the identity of people involved in sensitive cases, such as those involving children.

Mr Rau's concerns come after the identity of a man accused of murdering three members of a family at Kapunda was suppressed by an SA court — but many already knew his name from Facebook.

Model suppression-order provisions approved by the Standing Committee of Attorneys-General at an earlier meeting in May include internet publication as a form of publication that can be prohibited by a suppression or non-publication order.

However Mr Rau said the typical user of a social networking website would probably not know of, or be reckless about, the existence of a suppression order, he said.

"By raising these concerns I hope to determine, in conjunction with the Attorneys-General, whether further work is required to identify additional option for enforcing suppression orders within the social media context."

Also to be discussed at the meeting today is the topic of an R18+ rating for video games.

"I have an open mind about this matter, but if classifications are to apply to computer games, it is my view that the required model will need to clearly enhance protection offered to children," Mr Rau said.