What can I do if a trader is holding my belongings?
A trader can keep your belongings if they have performed work on them or repairs and the bill is not paid. Usually this happens where there is a dispute over the bill or the standard of work done.
When these kinds of disputes happen it is best to try and negotiate with the trader. If you cannot reach a solution you can try mediation or get legal advice.
A trader should not sell your belongings without first obtaining a court order.
Before a trader can get a court order they need to give you notice in writing of their intention to apply for a court order.
You should get legal advice.
What can I do if a lawyer or accountant is holding my files?
Lawyers and accountants have a right to hold your files or books of account until the bill is paid or until any dispute is resolved by a tribunal or by agreement.
Can I be refused alcohol?
Yes, you may be refused alcohol when you are intoxicated. Publicans or bottle shop owners or restaurants who do not do this may have action taken against their liquor licence and possibly have a civil claim against them if damage or injury results.
You will also be refused alcohol if you are under 18 years of age.
Can I be refused spray paint?
If you are under 18 years of age it is illegal for a trader to sell you spray paint.
Can I be refused entry to a shop or business?
Traders have the right to refuse entry or ban any person from their premises and may refuse to serve a person provided they do not breach anti-discrimination laws e.g. refuse somebody service on the basis of an attribute such as age race or religion.
Can a shop ask to inspect my bags?
When you enter a shop with a sign at the entrance advising you of that stores bag checking policy, your entry to the shop is conditional on you making your bags available for inspection if asked. Store keepers can ask to look inside your bags without touching you or any of your belongings. You can be asked to show what is in the bag or move something to allow them to see what is in the bag. Small handbags are usually not checked.
You have the right to refuse to allow a bag inspection. You may be asked to leave the store, refused right to buy goods or refused reentry to the store. Police may be called if you were shoplifting.
Traders do not have the right to forcibly search your bags or detain you in order to search them. If the trader, or an employee, asks you to do either of these, you should ask to speak to the store manager or request that they call the police.
If you have been shoplifting you may be detained until the police arrive. If a person has been wrongly detained they may have a legal action and should get advice from a private solicitor. If you wish to complain about a bag check you can contact the store or complain to Queensland Retail Traders and Shopkeepers Association.
Can my car be wheel clamped?
It is illegal to wheel clamp a car in Queensland. If you find your car has been wheel clamped contact the police.
Can my car be towed away?
Local governments can tow vehicles that are illegally or hazardously parked if the owner is unwilling or unavailable to shift them.
Some shopping centres have arrangements with the council to have their car park regulated by the council which includes towing vehicles outside of restricted times and places.
Can a bouncer remove me from premises?
Bouncers are required to use no more than reasonable force in removing people from premises. If they use excessive force then they may face civil and or criminal action. Their employer may also be liable for their actions. Police can be called if a drunk or difficult person refuses to leave a trader's premises.
Can a security guard remove me from premises?
Security guards are required to be registered by the Office of Fair Trading. In carrying out their duties they may carry weapons and use reasonable force to protect persons and property. Security guards have the power to ask people to leave premises on behalf of the owner and to use reasonable force to remove them, security guards do not have police powers.