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JUSTICE AND OTHER LEGISLATION AMENDMENT BILL 2007

          Queensland



Justice and Other Legislation
Amendment Bill 2007

 


 

 

Queensland Justice and Other Legislation Amendment Bill 2007 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 2 Amendment of Acts Interpretation Act 1954 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 Amendment of s 36 (Meaning of commonly used words and expressions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 3 Amendment of Anti-Discrimination Act 1991 5 Act amended in pt 3 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 13 6 Amendment of s 14 (Discrimination in the pre-work area) . . . . . . 13 7 Amendment of s 15 (Discrimination in work area) . . . . . . . . . . . . 13 Part 4 Amendment of Bail Act 1980 8 Act amended in pt 4 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 13 9 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 Amendment of s 14 (Release of persons apprehended on making deposit of money as security for appearance) . . . . . . . . . 14 11 Amendment of s 14A (Magistrates Courts may grant cash bail or permit to go at large) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 12 Amendment of s 15 (Procedure upon application for bail) . . . . . . 14 13 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15A Applications for bail in special circumstances . . . . . . 15 14 Amendment of s 16 (Refusal of bail) . . . . . . . . . . . . . . . . . . . . . . 17 15 Amendment of s 20 (Undertaking as to bail) . . . . . . . . . . . . . . . . 17 16 Amendment of s 27 (Notice of trial) . . . . . . . . . . . . . . . . . . . . . . . 18 17 Insertion of new 27B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 27B Warrant for apprehension of defendant if bail granted under s 15A .......................... 18

 


 

2 Justice and Other Legislation Amendment Bill 2007 18 Amendment of s 28A (Other warrants for apprehension of defendant) ................................... 19 Part 5 Amendment of Births, Deaths And Marriages Registration Act 2003 19 Act amended in pt 5 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 19 20 Amendment of s 8 (Responsibility to apply to have birth registered) ................................... 20 21 Amendment of s 20 (Notation of change of name other than by registration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 Amendment of s 21 (Limit on number of name changes) . . . . . . 21 23 Amendment of s 25 (Marriages that are registrable) . . . . . . . . . . 22 24 Amendment of s 29 (How to apply to register the death of a person) ..................................... 22 25 Amendment of s 44 (Obtaining information from the registrar) . . 22 26 Amendment of s 45 (Information policies) . . . . . . . . . . . . . . . . . . 23 27 Replacement of pt 10 (Repeal) . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 3 Transitional provisions for Justice and Other Legislation Amendment Act 2007 58 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 59 Existing applications to have birth registered . . . . . . . 24 60 Existing applications to note a person's name change 24 61 Existing applications for a certificate about an event that is, or may be, in a register . . . . . . . . . . . . . . . . . . 24 28 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 25 Part 6 Amendment of Children Services Tribunal Act 2000 29 Act amended in pt 6 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 25 30 Amendment of s 18 (President's functions) . . . . . . . . . . . . . . . . . 25 31 Amendment of s 29 (Presiding member) . . . . . . . . . . . . . . . . . . . 25 32 Amendment of s 32 (Reconstituting tribunal) . . . . . . . . . . . . . . . . 26 33 Amendment of s 34 (Way other question to be decided) . . . . . . . 26 34 Amendment of s 41 (Tribunal's powers to dismiss review application) ................................. 26 35 Amendment of s 42 (Tribunal's decision must be in writing etc.) . 27 36 Amendment of s 71 (Withdrawal of review application) . . . . . . . . 27 37 Amendment of s 80 (Constitution of tribunal for preliminary conference) .................................. 27 38 Amendment of s 105 (Confidentiality orders) . . . . . . . . . . . . . . . . 28 39 Amendment of s 141 (Certain information not to be published) . . 28 Part 7 Amendment of Corrective Services Act 2006 40 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

 


 

3 Justice and Other Legislation Amendment Bill 2007 41 Amendment of s 209 (Automatic cancellation of order by further imprisonment). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Part 8 Amendment of Criminal Code 42 Act amended in pt 8 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 29 43 Amendment of s 450F (Animal valuers and valuations) . . . . . . . . 29 44 Insertion of new ch 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Chapter 81 Transitional provision for Justice and Other Legislation Amendment Act 2007 718 Appointment of animal valuers . . . . . . . . . . . . . . . . . . 30 Part 9 Amendment of Dispute Resolution Centres Act 1990 45 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 46 Amendment of s 27 (Use of certain words) . . . . . . . . . . . . . . . . . 30 47 Amendment of s 37 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 48 Amendment of s 40 (Proceedings). . . . . . . . . . . . . . . . . . . . . . . . 31 Part 10 Amendment of District Court of Queensland Act 1967 49 Act amended in pt 10 and schedule . . . . . . . . . . . . . . . . . . . . . . . 32 50 Amendment of s 61 (Limited criminal jurisdiction if maximum penalty more than 14 years). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Part 11 Amendment of Drug Court Act 2000 51 Act amended in pt 11 and schedule . . . . . . . . . . . . . . . . . . . . . . . 32 52 Amendment of s 6 (Who is an eligible person). . . . . . . . . . . . . . . 32 53 Amendment of s 12A (Application of pt 3A) . . . . . . . . . . . . . . . . . 33 54 Amendment of s 12C (Indicative assessment reports). . . . . . . . . 33 55 Amendment of s 13 (Application of pt 4) . . . . . . . . . . . . . . . . . . . 34 56 Amendment of s 14 (Referral to be decided as soon as practicable) ................................ 34 57 Amendment of s 15 (Deciding whether to refer for assessment) . 34 58 Amendment of s 16 (Referral for assessment) . . . . . . . . . . . . . . . 34 59 Amendment of s 16A (Assessment report) . . . . . . . . . . . . . . . . . 35 60 Amendment of s 34 (Terminating rehabilitation programs). . . . . . 35 61 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 35 Part 12 Amendment of Electoral Act 1992 62 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 63 Amendment of s 127 (Supreme Court to be Court of Disputed Returns) .................................... 35 64 Amendment of s 130 (Requirements for an application to be effective) .................................... 36 65 Amendment of s 131 (Copies of application to be given to elected candidate and commission) . . . . . . . . . . . . . . . . . . . . . . . 36

 


 

4 Justice and Other Legislation Amendment Bill 2007 66 Amendment of s 133 (Parties to application) . . . . . . . . . . . . . . . . 36 67 Amendment of s 139 (Copy of final court orders to be sent to Clerk of Parliament) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 68 Amendment of s 147 (Order to be sent to Assembly) . . . . . . . . . 36 69 Amendment of s 148F (Copy of final court orders to be sent to Clerk of Parliament) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Part 13 Amendment of Freedom of Information Act 1992 70 Act amended in pt 13 and schedule . . . . . . . . . . . . . . . . . . . . . . . 37 71 Amendment of s 39 (Matter relating to investigations by ombudsman, reviews by Service Delivery and Performance Commission or audits by auditor-general etc.) . . . . . . . . . . . . . . . 37 72 Amendment of s 59 (Particular notations required to be added) . 37 Part 14 Amendment of Guardianship and Administration Act 2000 73 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 74 Amendment of s 13 (Advance appointment) . . . . . . . . . . . . . . . . 38 75 Amendment of s 14 (Appointment of 1 or more eligible guardians and administrators) . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 76 Insertion of new ch 3, pt 3, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 3 Directions 32B Directions to former guardian or administrator . . . . . . 39 77 Amendment of s 95 (Acting appointment) . . . . . . . . . . . . . . . . . . 39 78 Amendment of s 129 (Interim order) . . . . . . . . . . . . . . . . . . . . . . 40 79 Amendment of s 143 (Contempt of tribunal) . . . . . . . . . . . . . . . . 41 80 Amendment of s 157 (Written reasons for decision) . . . . . . . . . . 41 81 Amendment of s 172 (Enforcement of orders) . . . . . . . . . . . . . . . 41 82 Amendment of s 226 (Requirement to visit if asked) . . . . . . . . . . 42 83 Amendment of s 231 (Appointment). . . . . . . . . . . . . . . . . . . . . . . 42 84 Amendment of s 232 (Duration of appointment) . . . . . . . . . . . . . 42 85 Insertion of new ch 12, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 263 Directions to former guardian or administrator . . . . . . 43 264 Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Part 15 Amendment of Industrial Relations Act 1999 86 Act amended in pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 87 Amendment of sch 2 (Appointments) . . . . . . . . . . . . . . . . . . . . . . 44 Part 16 Amendment of Judges (Pensions and Long Leave) Act 1957 88 Act amended in pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 89 Amendment of s 15 (Leave of absence of judges) . . . . . . . . . . . . 44

 


 

5 Justice and Other Legislation Amendment Bill 2007 Part 17 Amendment of Judicial Review Act 1991 90 Act amended in pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 91 Amendment of sch 1, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Part 18 Amendment of Justices Act 1886 92 Act amended in pt 18 and schedule . . . . . . . . . . . . . . . . . . . . . . . 45 93 Amendment of s 22C (Appointment of clerks of the court) . . . . . 45 94 Amendment of s 53A (Power, after summons issued, to order mediation) .................................. 46 95 Replacement of pt 5, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 103 Disobedience of summons . . . . . . . . . . . . . . . . . . . . . 47 96 Amendment of s 142 (Proceedings in absence of defendant) . . . 48 97 Amendment of s 178B (Definitions for part) . . . . . . . . . . . . . . . . . 48 98 Amendment of s 178C (Use of video link facilities in proceedings) 49 99 Insertion of new pt 11, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 3 Justice and Other Legislation Amendment Act 2007 274 Appointment of clerks of the court and assistants continues ......................... 49 Part 19 Amendment of Justices of the Peace and Commissioners for Declarations Act 1991 100 Act amended in pt 19 and schedule . . . . . . . . . . . . . . . . . . . . . . . 50 101 Insertion of new pt 5, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 2 Validation provision for approved application forms 46 Validation of approved application forms . . . . . . . . . . 50 Part 20 Amendment of Juvenile Justice Act 1992 102 Act amended in pt 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 103 Amendment of s 169 (Meaning of eligible drug offence) . . . . . . . 51 Part 21 Amendment of Land and Resources Tribunal Act 1999 104 Act amended in pt 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 105 Amendment of s 11 (Pension and leave of absence arrangements for presiding members) . . . . . . . . . . . . . . . . . . . . . 51 106 Amendment of s 77 (Finance and staffing of tribunal) . . . . . . . . . 51 Part 22 Amendment of Land Court Act 2000 107 Act amended in pt 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 108 Insertion of new s 73A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 73A Privileges, protection and immunity . . . . . . . . . . . . . . 52 Part 23 Amendment of Law Reform Commission Act 1968 109 Act amended in pt 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

 


 

6 Justice and Other Legislation Amendment Bill 2007 110 Amendment of s 7 (Removal and vacation of office) . . . . . . . . . . 52 111 Amendment of s 10 (Functions and duties of Commission) . . . . . 53 Part 24 Amendment of Magistrates Act 1991 112 Act amended in pt 24 and schedule . . . . . . . . . . . . . . . . . . . . . . . 53 113 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 114 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 5A Appointment of acting Deputy Chief Magistrate . . . . . 54 115 Amendment of s 12 (Functions of Chief Magistrate) . . . . . . . . . . 54 116 Insertion of new pt 9A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Division 1 Appointment 53 Appointment of judicial registrars . . . . . . . . . . . . . . . . 55 53A Appointment of acting judicial registrars. . . . . . . . . . . 56 53B Acting judicial registrars who are clerks of the court . 56 53C Conditions of appointment . . . . . . . . . . . . . . . . . . . . . 57 53D Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 2 Role 53E Officer of the court . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 53F Oath or affirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 53G Independence of judicial registrars. . . . . . . . . . . . . . . 58 53H Functions of judicial registrars generally . . . . . . . . . . 58 53I Power concerning prescribed applications and matters .............................. 59 53J Practice direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 53K Referring application or matter . . . . . . . . . . . . . . . . . . 61 53L Decision of judicial registrar taken to be decision of magistrate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 53M Protection and immunity . . . . . . . . . . . . . . . . . . . . . . . 62 Division 3 Ceasing to hold office 53N Ceasing to be a judicial registrar . . . . . . . . . . . . . . . . 62 53O Suspension of judicial registrar by Governor in Council .............................. 62 53P Suspension of judicial registrar in relation to an indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 53Q Remuneration during suspension and after conviction 66 53R Removal of judicial registrar from office . . . . . . . . . . . 66 Division 4 Expiry 53S Expiry of part and amendment of Act. . . . . . . . . . . . . 68

 


 

7 Justice and Other Legislation Amendment Bill 2007 Part 25 Amendment of Mental Health Act 2000 117 Act amended in pt 25 and schedule . . . . . . . . . . . . . . . . . . . . . . . 68 118 Amendment of s 58 (Court may make court assessment order for person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 119 Amendment of s 77 (Court may grant bail and proceedings may be discontinued) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 120 Amendment of s 244 (Court may grant bail and proceedings may be discontinued) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 121 Amendment of s 260 (Court may grant bail and proceedings may be discontinued) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 122 Replacement of s 544 (When patient or surety not liable) . . . . . . 70 Part 26 Amendment of Ombudsman Act 2001 123 Act amended in pt 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 124 Amendment of s 23 (Refusal to investigate complaint) . . . . . . . . 71 Part 27 Amendment of Penalties And Sentences Act 1992 125 Act amended in pt 27 and schedule . . . . . . . . . . . . . . . . . . . . . . . 71 126 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 71 127 Amendment of s 12 (Court to consider whether or not to record conviction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 128 Amendment of s 15D (Meaning of eligible drug offence) . . . . . . . 72 129 Amendment of s 125 (Powers of Magistrates Court that convicts offender of offence against s 123(1)) . . . . . . . . . . . . . . . . . . . . . . 72 130 Amendment of s 126 (Powers of Supreme Court or District Court to deal with offender) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 131 Insertion of new s 126A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 126A Particular provision for driver licence disqualifications 73 132 Amendment of schedule (Serious violent offences) . . . . . . . . . . . 73 Part 28 Amendment of Professional Standards Act 2004 133 Act amended in pt 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 134 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 7A References to amounts payable in relation to an occupational liability . . . . . . . . . . . . . . . . . . . . . . . . . . 74 135 Replacement of s 22 (Limitation of liability by insurance arrangements) ................................ 75 22 Limitation of liability by insurance arrangements . . . . 75 136 Amendment of s 23 (Limitation of liability by reference to amount of business assets) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 137 Amendment of s 24 (Limitation of liability by multiple of charges) 76 138 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

 


 

8 Justice and Other Legislation Amendment Bill 2007 27A Liability in damages not reduced to below relevant limit ................................. 77 139 Amendment of s 29 (Limit of occupational liability by schemes) . 77 140 Amendment of s 42 (Legal status of council) . . . . . . . . . . . . . . . . 77 141 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 78 Part 29 Amendment of Recording of Evidence Act 1962 142 Act amended in pt 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 143 Amendment of s 6 (Power to appoint shorthand reporters and recorders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 144 Insertion of new s 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 15 Transitional provision for Justice and Other Legislation Amendment Act 2007. . . . . . . . . . . . . . . . 79 Part 30 Amendment of Referendums Act 1997 145 Act amended in pt 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 146 Amendment of s 49 (Requirements for an application to be effective) .................................. 79 147 Amendment of s 50 (Copies of application to be given to clerk of the Parliament and commission) . . . . . . . . . . . . . . . . . . . . . . . 79 148 Amendment of s 59 (Copy of final court orders to be sent to clerk of Parliament) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 149 Amendment of s 62F (Copy of final court orders to be sent to Clerk of Parliament) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Part 31 Amendment of Small Claims Tribunals Act 1973 150 Act amended in pt 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 151 Replacement of s 19 (Immunity from judicial supervision) . . . . . . 80 19 Limitation on orders Supreme Court may make for tribunal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Part 32 Amendment of Supreme Court of Queensland Act 1991 152 Act amended in pt 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 153 Omission of pt 2, div 4 (Judicial registrars). . . . . . . . . . . . . . . . . . 81 154 Amendment of s 56 (Single judge to constitute the court) . . . . . . 81 155 Amendment of pt 7, div 2, sdiv 1 hdg (Constitution of court by judicial registrar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 156 Amendment of s 73 (Judicial registrar's power to hear and decide applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 157 Amendment of s 132 (Judicial registrar may exercise certain judicial or quasi-judicial power of registrar) . . . . . . . . . . . . . . . . . 82 158 Amendment of sch 1 (Subject matter for rules) . . . . . . . . . . . . . . 82 159 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 83

 


 

9 Justice and Other Legislation Amendment Bill 2007 Part 33 Amendment of Vexatious Proceedings Act 2005 160 Act amended in pt 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 161 Amendment of s 9 (Notification and register of orders) . . . . . . . . 83 Part 34 Minor and consequential amendments 162 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Schedule Minor and consequential amendments . . . . . . . . . . . . . . . . . . 84 Anti-Discrimination Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Bail Act 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Births, Deaths and Marriages Registration Act 2003 . . . . . . . . . . 85 Children Services Tribunal Act 2000 . . . . . . . . . . . . . . . . . . . . . . 85 Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Crime and Misconduct Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 87 Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . 90 Criminal Offence Victims Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . 91 Dangerous Prisoners (Sexual Offenders) Act 2003 . . . . . . . . . . . 91 District Court of Queensland Act 1967. . . . . . . . . . . . . . . . . . . . . 92 Drug Court Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Drugs Misuse Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Evidence Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Freedom of Information Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 94 Justices Act 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Justices of the Peace and Commissioners for Declarations Act 1991 ........................................ 97 Limitation of Actions Act 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Magistrates Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Mental Health Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Penalties and Sentences Act 1992. . . . . . . . . . . . . . . . . . . . . . . . 98 Public Trustee Act 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 State Penalties Enforcement Act 1999 . . . . . . . . . . . . . . . . . . . . . 101 Trustee Companies Act 1968 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Witness Protection Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

 


 

 

2007 A Bill for An Act to amend legislation administered by the Attorney-General, and for other purposes

 


 

s1 12 s4 Justice and Other Legislation Amendment Bill 2007 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Justice and Other Legislation 4 Amendment Act 2007. 5 Clause 2 Commencement 6 This Act, other than part 28, commences on a day to be fixed 7 by proclamation. 8 Part 2 Amendment of Acts 9 Interpretation Act 1954 10 Clause 3 Act amended in pt 2 11 This part amends the Acts Interpretation Act 1954. 12 Clause 4 Amendment of s 36 (Meaning of commonly used words 13 and expressions) 14 (1) Section 36-- 15 insert-- 16 `notice to appear, in relation to a proceeding for an offence, 17 see the Police Powers and Responsibilities Act 2000, section 18 382(2). 19 senior executive, in relation to the public service, means a 20 public service officer employed under the Public Service Act 21 1996 as a senior executive.'. 22 (2) Section 36, definition complaint and summons-- 23

 


 

s5 13 s9 Justice and Other Legislation Amendment Bill 2007 insert-- 1 `Note-- 2 See also the Police Powers and Responsibilities Act 2000, section 388.'. 3 Part 3 Amendment of 4 Anti-Discrimination Act 1991 5 Clause 5 Act amended in pt 3 and schedule 6 This part and the schedule amend the Anti-Discrimination Act 7 1991. 8 Clause 6 Amendment of s 14 (Discrimination in the pre-work area) 9 Section 14(2)-- 10 omit. 11 Clause 7 Amendment of s 15 (Discrimination in work area) 12 (1) Section 15(2)-- 13 omit. 14 (2) Section 15(3)-- 15 renumber as section 15(2). 16 Part 4 Amendment of Bail Act 1980 17 Clause 8 Act amended in pt 4 and schedule 18 This part and the schedule amend the Bail Act 1980. 19 Clause 9 Amendment of s 6 (Definitions) 20 (1) Section 6, definition court-- 21

 


 

s 10 14 s 12 Justice and Other Legislation Amendment Bill 2007 omit. 1 (2) Section 6 -- 2 insert-- 3 `court includes-- 4 (a) a judge or justice, whether sitting in court or acting in 5 another way; and 6 (b) a court exercising appellate jurisdiction; and 7 (c) a justice or justices conducting an examination of 8 witnesses in relation to an indictable offence; and 9 (d) a justice acting under section 15A. 10 lawyer means an Australian lawyer who, under the Legal 11 Profession Act 2004, may engage in legal practice in this 12 State.'. 13 (3) Section 6, definition community justice group, paragraph 14 (b)(i) and (ii), `offenders'-- 15 omit, insert-- 16 `defendants'. 17 Clause 10 Amendment of s 14 (Release of persons apprehended on 18 making deposit of money as security for appearance) 19 Section 14(7), from `applies to the court' to `solicitor'-- 20 omit, insert-- 21 `the person's lawyer applies to the court or justice'. 22 Clause 11 Amendment of s 14A (Magistrates Courts may grant cash 23 bail or permit to go at large) 24 Section 14A(5), from `applies to the court' to `solicitor'-- 25 omit, insert-- 26 `the defendant's lawyer applies to the court'. 27 Clause 12 Amendment of s 15 (Procedure upon application for bail) 28 (1) Section 15(1)(d), `counsel or solicitor'-- 29

 


 

s 13 15 s 13 Justice and Other Legislation Amendment Bill 2007 omit, insert-- 1 `lawyer'. 2 (2) Section 15(1)(f)(iii), `established for offenders'-- 3 omit. 4 Clause 13 Insertion of new s 15A 5 After section 15-- 6 insert-- 7 `15A Applications for bail in special circumstances 8 `(1) This section applies if-- 9 (a) a police officer has refused to grant bail to a person 10 under section 7 for an offence; and 11 (b) a Magistrates Court is authorised under this Act to grant 12 bail to the person for the offence; and 13 (c) having regard to all the circumstances, the person may 14 not reasonably or practicably be brought personally 15 before a court to apply for bail because of the person's 16 remote location. 17 `(2) The person may apply to a magistrate for bail for the offence 18 by telephone, radio or by another form of communication (a 19 remote communication device). 20 `(3) The application may only be made when-- 21 (a) the magistrate is constituting a Magistrates Court; or 22 (b) the court registry where the magistrate usually 23 constitutes the court (the relevant court registry) is open 24 for business. 25 `(4) The police officer who refused the person bail must-- 26 (a) advise the person that the person may apply to a 27 magistrate for bail by a remote communication device; 28 and 29 (b) allow the person to use a remote communication device 30 for that purpose. 31

 


 

s 13 16 s 13 Justice and Other Legislation Amendment Bill 2007 `(5) When making the application, the person must be in the 1 presence of a police officer who may also make submissions 2 on the application. 3 `(6) The magistrate may decide the application only if the 4 magistrate is satisfied-- 5 (a) it was necessary to make the application under 6 subsection (2); and 7 (b) the way the application was made under subsection (2) 8 was appropriate. 9 `(7) If it is reasonably practicable to fax or email a copy of the 10 magistrate's order on the application to the police officer 11 present with the person-- 12 (a) the magistrate must, after making an order on the 13 application, immediately fax or email a copy of the 14 order to the police officer; and 15 (b) the police officer must give a copy of the order to the 16 person. 17 `(8) If it is not reasonably practicable to fax or email a copy of the 18 magistrate's order to the police officer present with the 19 person-- 20 (a) the magistrate must tell the police officer-- 21 (i) the date and time the order is made; and 22 (ii) the terms of the order; and 23 (b) the police officer must complete a form of order, in the 24 approved form, and write on it-- 25 (i) the magistrate's name; and 26 (ii) the date and time the order was made; and 27 (iii) the terms of the order; and 28 (iv) the police officer's name; and 29 (c) the police officer must give a copy of the form of order 30 to the person. 31 `(9) If the magistrate grants bail to the person, the police officer 32 must help the person comply with the requirements of this Act 33

 


 

s 14 17 s 15 Justice and Other Legislation Amendment Bill 2007 for the release of the person on bail to the extent that the 1 help-- 2 (a) is reasonable in the circumstances; and 3 (b) would otherwise be available to the person from a 4 Magistrates Court if the person made the application at a 5 Magistrates Court. 6 Example of help a police officer may give to a person-- 7 helping the person locate a justice for entering into an 8 undertaking as to bail 9 `(10) The police officer, and the magistrate if the magistrate was not 10 constituting a Magistrates Court when the application was 11 made, must, at the first reasonable opportunity, send to the 12 relevant court registry-- 13 (a) any document or thing relevant to the application that 14 would otherwise have been filed with the court or 15 tendered as evidence during the application; and 16 (b) a copy of any form of order completed by the police 17 officer under this section.'. 18 Clause 14 Amendment of s 16 (Refusal of bail) 19 Section 16(2)(e)(iii), `established for offenders'-- 20 omit. 21 Clause 15 Amendment of s 20 (Undertaking as to bail) 22 (1) Section 20(2), from `within 25km' to `appear'-- 23 omit. 24 (2) Section 20-- 25 insert-- 26 `(2A) For subsection (2), the defendant's address for service of 27 notices may be the same as the defendant's residential 28 address.'. 29

 


 

s 16 18 s 17 Justice and Other Legislation Amendment Bill 2007 (3) Section 20(3)(a)(iii), (3AA) and (3A), `counsel or solicitor'-- 1 omit, insert-- 2 `lawyer'. 3 (4) Section 20-- 4 insert-- 5 `(8) A reference in subsection (3)(a)(iii) and (3AA) to a lawyer, 6 for the mention of a matter in a Magistrates Court or the 7 Childrens Court relating to a defendant released on bail in 8 which there is no issue about the bail, includes a person who 9 is undertaking practical legal training. 10 `(9) For subsection (8), there is no issue about bail if the 11 complainant or prosecutor or person appearing on behalf of 12 the Crown does not oppose the defendant continuing on bail 13 and there is no application to vary, as opposed to enlarge, bail. 14 `(10) In this section-- 15 practical legal training means practical legal training under 16 the supervision of a lawyer under rules made under the 17 Supreme Court of Queensland Act 1991, section 118(1)(b).'. 18 Clause 16 Amendment of s 27 (Notice of trial) 19 Section 27(4), `counsel or solicitor'-- 20 omit, insert-- 21 `lawyer'. 22 Clause 17 Insertion of new 27B 23 After section 27A-- 24 insert-- 25 `27B Warrant for apprehension of defendant if bail granted 26 under s 15A 27 `(1) This section applies if a magistrate grants bail to a defendant 28 under section 15A and the defendant leaves the presence of 29 the police officer mentioned in section 15A(5)-- 30

 


 

s 18 19 s 19 Justice and Other Legislation Amendment Bill 2007 (a) if the defendant is required to enter into an undertaking 1 under section 201--without entering into the 2 undertaking; or 3 (b) if there are conditions of the bail the defendant must 4 comply with before leaving the presence of the police 5 officer--without fulfilling the conditions. 6 `(2) A Magistrates Court may issue a warrant for the apprehension 7 of the defendant. 8 `(3) The warrant must-- 9 (a) name the defendant against whom it is issued; and 10 (b) state the reason, under subsection (1)(a) or (b), for its 11 issue; and 12 (c) order all police officers to apprehend the defendant and 13 bring the defendant before the court to be dealt with 14 according to law.'. 15 Clause 18 Amendment of s 28A (Other warrants for apprehension of 16 defendant) 17 Section 28A(4)(b), `counsel or solicitor'-- 18 omit, insert-- 19 `a lawyer'. 20 Part 5 Amendment of Births, Deaths 21 And Marriages Registration Act 22 2003 23 Clause 19 Act amended in pt 5 and schedule 24 This part and the schedule amend the Births, Deaths and 25 Marriages Registration Act 2003. 26 1 Section 20 (Undertaking as to bail)

 


 

s 20 20 s 20 Justice and Other Legislation Amendment Bill 2007 Clause 20 Amendment of s 8 (Responsibility to apply to have birth 1 registered) 2 Section 8(2)-- 3 omit, insert-- 4 `(2) However, the registrar may accept an application completed 5 by only 1 of the parents if the registrar is satisfied-- 6 (a) the applicant is unable or unwilling to give information 7 as to the other parent's identity or whereabouts; or 8 Examples-- 9 1 The applicant does not know the father's identity. 10 2 The applicant does not know the other parent's 11 whereabouts. 12 (b) the other parent is unable, unlikely or unwilling to sign 13 the application; or 14 Examples-- 15 1 The other parent is dead. 16 2 The other parent can not be located. 17 (c) the requirement under subsection (1)(a) for the other 18 parent to apply to register the birth would cause the 19 applicant unnecessary distress. 20 Examples-- 21 1 The applicant is too frightened to contact the other parent 22 because of a domestic violence situation. 23 2 Contact between the applicant and the other parent would 24 breach a domestic violence order. 25 `(2A) If the registrar accepts an application under subsection (2)(a) 26 or (b) and has an address for the other parent, the registrar 27 must, before registering the birth-- 28 (a) give the other parent-- 29 (i) written notice of the application; and 30 (ii) at least 14 days written notice of the registrar's 31 intention to register the birth; and 32 (b) ask the other parent to sign an application. 33

 


 

s 21 21 s 22 Justice and Other Legislation Amendment Bill 2007 `(2B) A failure of the registrar to comply with subsection (2A), or a 1 failure of the parent of a child to sign an application as 2 requested under subsection (2A)(b), does not prevent the 3 registration of the child's birth or affect the validity of the 4 registration.'. 5 Clause 21 Amendment of s 20 (Notation of change of name other 6 than by registration) 7 (1) Section 20(1)(b)-- 8 omit, insert-- 9 `(b) the person's name has been changed-- 10 (i) by deed poll; or 11 (ii) under the law of another State or other legal 12 process; or 13 Example of other legal process-- 14 an order of a Queensland court or of a court of another 15 State 16 (iii) by repute or usage resulting from the person's 17 marriage.'. 18 (2) Section 20(7), from `changed'-- 19 omit, insert-- 20 `changed-- 21 (a) by deed poll; or 22 (b) under the law of another State or other legal process; or 23 (c) by repute or usage resulting from the person's 24 marriage.'. 25 Clause 22 Amendment of s 21 (Limit on number of name changes) 26 Section 21(1), `, or to note,'-- 27 omit. 28

 


 

s 23 22 s 25 Justice and Other Legislation Amendment Bill 2007 Clause 23 Amendment of s 25 (Marriages that are registrable) 1 Section 25-- 2 insert-- 3 `(4) The registrar may require a person giving a marriage 4 certificate under subsection (2)(a) to also give it electronically, 5 if it is reasonably practicable for the person to do so.'. 6 Clause 24 Amendment of s 29 (How to apply to register the death of 7 a person) 8 Section 29-- 9 insert-- 10 `(5) The registrar may require a person giving an application to 11 give it electronically, if it is reasonably practicable for the 12 person to do so.'. 13 Clause 25 Amendment of s 44 (Obtaining information from the 14 registrar) 15 (1) Section 44-- 16 insert-- 17 `(5A) Despite subsection (5)(a), a certificate need not state a 18 person's residential address if the person has satisfied the 19 registrar that, because of exceptional circumstances, the 20 person's residential address should not be disclosed on the 21 certificate. 22 Examples of exceptional circumstances-- 23 1 The person is protected by a domestic violence order made under 24 the Domestic and Family Violence Protection Act 1989 or an 25 interstate order as defined under that Act. 26 2 The person indicates that giving the information may put the 27 person's life at risk.'. 28 (2) Section 44(10), `birth'-- 29 omit. 30 (3) Section 44(11), definition commemorative birth certificate-- 31

 


 

s 26 23 s 27 Justice and Other Legislation Amendment Bill 2007 omit, insert-- 1 `commemorative certificate means a certificate that is more 2 decorative than another certificate.'. 3 Clause 26 Amendment of s 45 (Information policies) 4 (1) Section 45(2), from `obtain'-- 5 omit, insert-- 6 `obtain-- 7 (a) information under subsection (1); or 8 (b) a certificate or information under section 44.'. 9 (2) Section 45-- 10 insert-- 11 `(4) However, subsection (3) does not apply to a statement if the 12 registrar reasonably believes withholding the statement is 13 necessary-- 14 (a) to protect the persons for whom the registrar keeps 15 information from unjustified intrusion on their privacy; 16 or 17 (b) to prevent information mentioned in subsection (1) 18 being obtained fraudulently or improperly.'. 19 Clause 27 Replacement of pt 10 (Repeal) 20 Part 10-- 21 omit, insert-- 22 `Division 3 Transitional provisions for Justice 23 and Other Legislation Amendment 24 Act 2007 25 `58 Definition for div 3 26 `In this division-- 27 amending Act means the Justice and Other Legislation 28 Amendment Act 2007. 29

 


 

s 27 24 s 27 Justice and Other Legislation Amendment Bill 2007 `59 Existing applications to have birth registered 1 `(1) This section applies to an application to have a birth registered 2 if, before the commencement of this section, the registrar-- 3 (a) accepted the application under previous section 8(2); 4 and 5 (b) had not registered the birth before the commencement. 6 `(2) Section 8 as amended by the amending Act applies to the 7 application. 8 `(3) In this section-- 9 previous section 8(2) means section 8(2) as in force before the 10 commencement of the amending Act. 11 `60 Existing applications to note a person's name change 12 `(1) This section applies if, before the commencement of this 13 section-- 14 (a) an application to note the change of a person's name 15 was made under section 20(2) or (3); and 16 (b) the registrar had not noted the change. 17 `(2) Part 3 as amended by the amending Act applies to the 18 application. 19 `61 Existing applications for a certificate about an event 20 that is, or may be, in a register 21 `(1) This section applies if, before the commencement of this 22 section-- 23 (a) a person or other entity applied for a certificate about an 24 event under section 44(1); and 25 (b) the registrar had not given the certificate to the person or 26 entity. 27 `(2) Section 44 as amended by the amending Act applies to the 28 application.'. 29

 


 

s 28 25 s 31 Justice and Other Legislation Amendment Bill 2007 Clause 28 Amendment of sch 2 (Dictionary) 1 Schedule 2-- 2 insert-- 3 `amending Act, for part 9, division 3, see section 58.'. 4 Part 6 Amendment of Children 5 Services Tribunal Act 2000 6 Clause 29 Act amended in pt 6 and schedule 7 This part and the schedule amend the Children Services 8 Tribunal Act 2000. 9 Clause 30 Amendment of s 18 (President's functions) 10 (1) Section 18(1), `must'-- 11 omit. 12 (2) Section 18(1)(a) and (b), before `ensure'-- 13 insert-- 14 `must'. 15 (3) Section 18(1)(c) and (d), before `compile'-- 16 insert-- 17 `may'. 18 (4) Section 18(1)(e)-- 19 omit, insert-- 20 `(e) may provide facilitators and independent inquirers with 21 appropriate training.'. 22 Clause 31 Amendment of s 29 (Presiding member) 23 Section 29(1), `3 members'-- 24

 


 

s 32 26 s 34 Justice and Other Legislation Amendment Bill 2007 omit, insert-- 1 `2 or 3 members'. 2 Clause 32 Amendment of s 32 (Reconstituting tribunal) 3 (1) Section 32(1)(a), `3 members'-- 4 omit, insert-- 5 `2 or 3 members'. 6 (2) Section 32(2)-- 7 omit, insert-- 8 `(2) The president may direct that the tribunal be reconstituted 9 by-- 10 (a) if the tribunal was constituted by 2 members--the 11 remaining member together with another member; or 12 (b) if the tribunal was constituted by 3 members--the 13 remaining constituting members together with another 14 member.'. 15 Clause 33 Amendment of s 34 (Way other question to be decided) 16 (1) Section 34(2)(b)-- 17 renumber as section 34(2)(c). 18 (2) Section 34(2)-- 19 insert-- 20 `(b) if the tribunal is constituted by 2 members--the 21 presiding member; or'. 22 Clause 34 Amendment of s 41 (Tribunal's powers to dismiss review 23 application) 24 Section 41(1)-- 25 insert-- 26 `(d) the parties have consented to the dismissal.'. 27

 


 

s 35 27 s 37 Justice and Other Legislation Amendment Bill 2007 Clause 35 Amendment of s 42 (Tribunal's decision must be in 1 writing etc.) 2 (1) Section 42, heading-- 3 omit, insert-- 4 `42 Tribunal's decision'. 5 (2) Section 42(1)-- 6 omit, insert-- 7 `(1) The tribunal may give its decision on a review-- 8 (a) in writing; or 9 (b) orally if the tribunal considers it necessary in the 10 circumstances.'. 11 (3) Section 42-- 12 insert-- 13 `(4) If the tribunal gives its decision orally, the tribunal must, as 14 soon as practicable after giving the decision, confirm the 15 decision and the reasons for it in writing.'. 16 Clause 36 Amendment of s 71 (Withdrawal of review application) 17 Section 71(1)-- 18 omit, insert-- 19 `(1) An applicant may withdraw a review application-- 20 (a) by written notice given to the registrar; or 21 (b) in another way directed by the tribunal, the president or 22 the deputy president.'. 23 Clause 37 Amendment of s 80 (Constitution of tribunal for 24 preliminary conference) 25 (1) Section 80(1), `3 members'-- 26 omit, insert-- 27 `2 or 3 members'. 28 (2) Section 80(2), from `constituted by'-- 29

 


 

s 38 28 s 39 Justice and Other Legislation Amendment Bill 2007 omit, insert-- 1 `constituted by-- 2 (a) if the tribunal is constituted by 2 members--a single 3 member; or 4 (b) if the tribunal is consituted by 3 members--a single 5 member or 2 members.'. 6 (3) Section 80(3)-- 7 omit, insert-- 8 `(3) However, if under subsection (2) a tribunal is constituted by a 9 single member or 2 members for the preliminary conference, 10 the tribunal may stay the operation of a reviewable decision 11 only if the decision maker does not oppose the staying of the 12 decision's operation.'. 13 Clause 38 Amendment of s 105 (Confidentiality orders) 14 (1) Section 105(3), after `tribunal'-- 15 insert-- 16 `may'. 17 (2) Section 105(3)(a), `may'-- 18 omit. 19 (3) Section 105(4)-- 20 insert-- 21 `(c) there would be undue interference with the privacy of a 22 child or another person.'. 23 Clause 39 Amendment of s 141 (Certain information not to be 24 published) 25 (1) Section 141(2), after `tribunal'-- 26 insert-- 27 `or the president'. 28 (2) Section 141(3)-- 29 insert-- 30

 


 

s 40 29 s 43 Justice and Other Legislation Amendment Bill 2007 `information includes-- 1 (a) matter contained in a document filed with, or received 2 by, the tribunal; and 3 (b) the tribunal's decision or reasons for a decision.'. 4 Part 7 Amendment of Corrective 5 Services Act 2006 6 Clause 40 Act amended in pt 7 7 This part amends the Corrective Services Act 2006. 8 Clause 41 Amendment of s 209 (Automatic cancellation of order by 9 further imprisonment) 10 Section 209(3)(b)-- 11 insert-- 12 `(iii) is wholly suspended because of an order, under the 13 Drug Court Act 2000, section 20(1)(a), contained 14 in an intensive drug rehabilitation order.'. 15 Part 8 Amendment of Criminal Code 16 Clause 42 Act amended in pt 8 and schedule 17 This part and the schedule amend the Criminal Code. 18 Clause 43 Amendment of s 450F (Animal valuers and valuations) 19 Section 450F(2)-- 20 omit, insert-- 21 `(2) The chief executive may appoint a person as an animal 22 valuer.'. 23

 


 

s 44 30 s 47 Justice and Other Legislation Amendment Bill 2007 Clause 44 Insertion of new ch 81 1 After section 717-- 2 insert-- 3 `Chapter 81 Transitional provision for 4 Justice and Other 5 Legislation Amendment Act 6 2007 7 `718 Appointment of animal valuers 8 `A person appointed as an animal valuer under section 450F, 9 as in force immediately before the commencement of this 10 section, continues to hold the appointment after the 11 commencement, as if the appointment had been made by the 12 chief executive.'. 13 Part 9 Amendment of Dispute 14 Resolution Centres Act 1990 15 Clause 45 Act amended in pt 9 16 This part amends the Dispute Resolution Centres Act 1990. 17 Clause 46 Amendment of s 27 (Use of certain words) 18 Section 27(3)-- 19 insert-- 20 `Maximum penalty--15 penalty units.'. 21 Clause 47 Amendment of s 37 (Secrecy) 22 (1) Section 37(2), from `A person' to `paragraph (e)'-- 23

 


 

s 48 31 s 48 Justice and Other Legislation Amendment Bill 2007 omit, insert-- 1 `A relevant person'. 2 (2) Section 37(2)(e), `or an evaluation pursuant to section 34'-- 3 omit. 4 (3) Section 37(3)-- 5 omit, insert-- 6 `(3) A relevant person who discloses information obtained in 7 connection with the administration of this Act otherwise than 8 as authorised under subsection (2) commits an offence against 9 this Act. 10 Maximum penalty--15 penalty units.'. 11 (4) Section 37-- 12 insert-- 13 `(9) In this section-- 14 relevant person means a person who is or has been any of the 15 following-- 16 (a) a member of the council or a subcommittee of the 17 council; 18 (b) a mediator; 19 (c) a director; 20 (d) a member of the staff of a dispute resolution centre; 21 (e) a person making an evaluation under section 34, as in 22 force at any time before its repeal; 23 (f) a person carrying out research for, or with the approval 24 of, the council.'. 25 Clause 48 Amendment of s 40 (Proceedings) 26 Section 40(3)-- 27 omit. 28

 


 

s 49 32 s 52 Justice and Other Legislation Amendment Bill 2007 Part 10 Amendment of District Court of 1 Queensland Act 1967 2 Clause 49 Act amended in pt 10 and schedule 3 This part and the schedule amend the District Court of 4 Queensland Act 1967. 5 Clause 50 Amendment of s 61 (Limited criminal jurisdiction if 6 maximum penalty more than 14 years) 7 Section 61, heading, `Limited criminal'-- 8 omit, insert-- 9 `Criminal'. 10 Part 11 Amendment of Drug Court Act 11 2000 12 Clause 51 Act amended in pt 11 and schedule 13 This part and the schedule amend the Drug Court Act 2000. 14 Clause 52 Amendment of s 6 (Who is an eligible person) 15 (1) Section 6(1), `appearing before a drug court'-- 16 omit. 17 (2) Section 6(2)-- 18 omit, insert-- 19 `(2) Without limiting subsection (1)(d), the regulation may require 20 that the person be someone who resides within a stated 21 locality at the time-- 22 (a) the person is referred for an indicative assessment; or 23 (b) the person is referred for an assessment; or 24

 


 

s 53 33 s 54 Justice and Other Legislation Amendment Bill 2007 (c) an intensive drug rehabilitation order is made for the 1 person.'. 2 (3) Section 6(3)(b)-- 3 renumber as section 6(3)(c). 4 (4) Section 6(3)-- 5 insert-- 6 `(b) the person is the subject of a parole order that is 7 cancelled by a parole board and the person is to serve 8 the unexpired portion of the person's period of 9 imprisonment; or'. 10 (5) Section 6-- 11 insert-- 12 `(5) In this section-- 13 parole order includes a release under a law of another State or 14 the Commonwealth that is similar to a parole order.'. 15 Clause 53 Amendment of s 12A (Application of pt 3A) 16 (1) Section 12A(a), after `magistrate'-- 17 insert-- 18 `in a Magistrates Court prescribed under a regulation for this 19 section.'. 20 (2) Section 12A-- 21 insert-- 22 `(e) the maximum number of active intensive drug 23 rehabilitation orders prescribed under a regulation has 24 not been exceeded.'. 25 Clause 54 Amendment of s 12C (Indicative assessment reports) 26 Section 12C(2), `by the drug court magistrate'-- 27 omit, insert-- 28 `by the magistrate'. 29

 


 

s 55 34 s 58 Justice and Other Legislation Amendment Bill 2007 Clause 55 Amendment of s 13 (Application of pt 4) 1 Section 13(a), `magistrate in a drug court'-- 2 omit, insert-- 3 `drug court magistrate'. 4 Clause 56 Amendment of s 14 (Referral to be decided as soon as 5 practicable) 6 Section 14(1), `magistrate'-- 7 omit, insert-- 8 `drug court magistrate'. 9 Clause 57 Amendment of s 15 (Deciding whether to refer for 10 assessment) 11 (1) Section 15(1), `magistrate'-- 12 omit, insert-- 13 `drug court magistrate'. 14 (2) Section 15(2), `the magistrate'-- 15 omit, insert-- 16 `the drug court magistrate'. 17 Clause 58 Amendment of s 16 (Referral for assessment) 18 (1) Section 16(1), from `If' to `may'-- 19 omit, insert-- 20 `If the drug court magistrate (the referring magistrate) 21 decides to refer the person for assessment, the referring 22 magistrate may'. 23 (2) Section 16(2), (3), (4) and (5), `the magistrate'-- 24 omit, insert-- 25 `the referring magistrate'. 26

 


 

s 59 35 s 63 Justice and Other Legislation Amendment Bill 2007 Clause 59 Amendment of s 16A (Assessment report) 1 (1) Section 16A(1), `by a magistrate'-- 2 omit, insert-- 3 `under section 16(3) by a referring magistrate'. 4 (2) Section 16A(2), `under section 16(3) by the magistrate'-- 5 omit, insert-- 6 `by the referring magistrate'. 7 Clause 60 Amendment of s 34 (Terminating rehabilitation programs) 8 Section 34(3)(c), after `sentence'-- 9 insert-- 10 `, even though the magistrate has not addressed the defendant 11 as required under section 104(2).'. 12 Clause 61 Amendment of schedule (Dictionary) 13 Schedule-- 14 insert-- 15 `referring magistrate see section 16(1).'. 16 Part 12 Amendment of Electoral Act 17 1992 18 Clause 62 Act amended in pt 12 19 This part amends the Electoral Act 1992. 20 Clause 63 Amendment of s 127 (Supreme Court to be Court of 21 Disputed Returns) 22 Section 127-- 23 insert-- 24

 


 

s 64 36 s 68 Justice and Other Legislation Amendment Bill 2007 `(3) For subsection (2), the Chief Justice may be the single judge 1 or appoint another Supreme Court judge to be the single 2 judge.'. 3 Clause 64 Amendment of s 130 (Requirements for an application to 4 be effective) 5 Section 130(3)(a), `court'-- 6 omit, insert-- 7 `Supreme Court registry in Brisbane'. 8 Clause 65 Amendment of s 131 (Copies of application to be given to 9 elected candidate and commission) 10 Section 131, `The staff of the Supreme Court'-- 11 omit, insert-- 12 `The registrar of the Supreme Court'. 13 Clause 66 Amendment of s 133 (Parties to application) 14 Section 133(3), `court'-- 15 omit, insert-- 16 `Supreme Court registry in Brisbane'. 17 Clause 67 Amendment of s 139 (Copy of final court orders to be 18 sent to Clerk of Parliament) 19 Section 139, `The Court of Disputed Returns'-- 20 omit, insert-- 21 `The registrar of the Supreme Court'. 22 Clause 68 Amendment of s 147 (Order to be sent to Assembly) 23 Section 147, `the court must arrange for a copy of its order'-- 24 omit, insert-- 25 `the registrar of the Supreme Court must arrange for a copy of 26 the court's order'. 27

 


 

s 69 37 s 72 Justice and Other Legislation Amendment Bill 2007 Clause 69 Amendment of s 148F (Copy of final court orders to be 1 sent to Clerk of Parliament) 2 Section 148F, `The Court of Appeal must arrange for a copy 3 of its final orders'-- 4 omit, insert-- 5 `The registrar of the Supreme Court must arrange for a copy 6 of the Court of Appeal's final orders'. 7 Part 13 Amendment of Freedom of 8 Information Act 1992 9 Clause 70 Act amended in pt 13 and schedule 10 This part and the schedule amend the Freedom of Information 11 Act 1992. 12 Clause 71 Amendment of s 39 (Matter relating to investigations by 13 ombudsman, reviews by Service Delivery and 14 Performance Commission or audits by auditor-general 15 etc.) 16 (1) Section 39(2), footnote-- 17 omit. 18 (2) Section 39(2)-- 19 insert-- 20 `Note-- 21 The Financial Administration and Audit Act 1977, section 92 and the 22 Service Delivery and Performance Commission Act 2005, section 62 are 23 confidentiality provisions that prohibit particular persons involved in the 24 administration of those Acts from disclosing protected information 25 other than in particular circumstances.'. 26 Clause 72 Amendment of s 59 (Particular notations required to be 27 added) 28 (1) Section 59(1)(c)-- 29

 


 

s 73 38 s 75 Justice and Other Legislation Amendment Bill 2007 omit. 1 (2) Section 59(6)(c), `section 34(2)(a), (g) and (h)'-- 2 omit, insert-- 3 `section 34(2)(a), (h) and (i)'. 4 Part 14 Amendment of Guardianship 5 and Administration Act 2000 6 Clause 73 Act amended in pt 14 7 This part amends the Guardianship and Administration Act 8 2000. 9 Clause 74 Amendment of s 13 (Advance appointment) 10 Section 13(6)-- 11 omit, insert-- 12 `(6) The longer period may be-- 13 (a) if the administrator is the public trustee or a trustee 14 company under the Trustee Companies Act 1968--the 15 period decided by the tribunal; or 16 (b) otherwise--a period of not more than 5 years.'. 17 Clause 75 Amendment of s 14 (Appointment of 1 or more eligible 18 guardians and administrators) 19 (1) Section 14(2) to (4)-- 20 renumber as section 14(3) to (5). 21 (2) Section 14-- 22 insert-- 23 `(2) Despite subsection (1)(a)(ii), the tribunal may appoint the 24 adult guardian as guardian for a matter only if there is no other 25 appropriate person available for appointment for the matter.'. 26

 


 

s 76 39 s 77 Justice and Other Legislation Amendment Bill 2007 Clause 76 Insertion of new ch 3, pt 3, div 3 1 After section 32A-- 2 insert-- 3 `Division 3 Directions 4 `32B Directions to former guardian or administrator 5 `(1) This section applies if an appointment as a guardian or 6 administrator ends under section 26, 27 or 31. 7 `(2) The tribunal may give directions to the former guardian or 8 administrator that the tribunal considers necessary because of 9 the ending of the appointment. 10 `(3) The tribunal may give the directions to the former guardian or 11 administrator-- 12 (a) if the appointment ends under section 27--when the 13 tribunal gives leave to withdraw as guardian or 14 administrator for a matter; or 15 (b) if the appointment ends under section 31--when the 16 tribunal revokes the order that made the appointment or 17 makes an order removing the guardian or administrator; 18 or 19 (c) in all cases--at any hearing of a proceeding relating to 20 the adult for whom the person was formerly a guardian 21 or administrator. 22 `(4) However, the directions may relate only to a matter for which 23 the former guardian or administrator was appointed 24 immediately before the appointment ends.'. 25 Clause 77 Amendment of s 95 (Acting appointment) 26 Section 95-- 27 insert-- 28 `(2) Despite subsection (1), a deputy president designated by the 29 Minister may act as president whenever-- 30 (a) no-one holds a current appointment from the Governor 31 in Council to act as president; or 32

 


 

s 78 40 s 78 Justice and Other Legislation Amendment Bill 2007 (b) someone holds a current appointment from the 1 Governor in Council to act as president, but is not 2 immediately available to act under the appointment. 3 `(3) While acting as president, a deputy president designated by 4 the Minister under subsection (2) is to be paid the 5 remuneration and allowances that were payable to-- 6 (a) the person who holds the current appointment as 7 president; or 8 (b) if no-one holds a current appointment as president--the 9 person who last held an appointment as president. 10 `(4) In subsection (2)-- 11 deputy president does not include a person who is acting as a 12 deputy president.'. 13 Clause 78 Amendment of s 129 (Interim order) 14 (1) Section 129(1)-- 15 omit, insert-- 16 `(1) This section applies if the tribunal is satisfied, on reasonable 17 grounds, there is an immediate risk of harm to the health, 18 welfare or property of the adult concerned in an application, 19 including because of the risk of abuse, exploitation or neglect 20 of, or self-neglect by, the adult. 21 `(1A) The tribunal may make an interim order in the proceeding 22 without hearing and deciding the proceeding or otherwise 23 complying with the requirements of this Act, including 24 section 118.'. 25 (2) Section 129(4), `6 months'-- 26 omit, insert-- 27 `3 months'. 28 (3) Section 129(5) and (6)-- 29 omit, insert-- 30 `(5) An interim order may be renewed, but only if the tribunal is 31 satisfied there are exceptional circumstances justifying the 32 renewal.'. 33

 


 

s 79 41 s 81 Justice and Other Legislation Amendment Bill 2007 (4) Section 129(1A) to (5)-- 1 renumber as section 129(2) to (6). 2 Clause 79 Amendment of s 143 (Contempt of tribunal) 3 (1) Section 143(d)-- 4 renumber as section 143(e). 5 (2) Section 143-- 6 insert-- 7 `(d) disobey a lawful order or direction of the tribunal; or'. 8 Clause 80 Amendment of s 157 (Written reasons for decision) 9 Section 157(1), `giving the decision'-- 10 omit, insert-- 11 `the direction is given'. 12 Clause 81 Amendment of s 172 (Enforcement of orders) 13 (1) Before section 172(1)-- 14 insert-- 15 `(1A) A section 84 order may be filed in the court.'. 16 (2) Section 172(1), after `other than'-- 17 insert-- 18 `a section 84 order or'. 19 (3) Section 172-- 20 insert-- 21 `(4) In this section-- 22 section 84 order means a tribunal order in relation to a matter 23 for which the tribunal has exclusive jurisdiction under section 24 84(1).'. 25 (4) Section 172(1A) to (4)-- 26 renumber as section 172(1) to (5). 27

 


 

s 82 42 s 84 Justice and Other Legislation Amendment Bill 2007 Clause 82 Amendment of s 226 (Requirement to visit if asked) 1 Section 226(1)(b) and (2), `in charge of'-- 2 omit, insert-- 3 `employed at'. 4 Clause 83 Amendment of s 231 (Appointment) 5 Section 231(4)(a)-- 6 omit, insert-- 7 `(a) is a public service employee of the department in which 8 any of the following Acts is administered (the 9 department)-- 10 (i) the Disability Services Act 2006; 11 (ii) the Health Act 1937; 12 (iii) the Mental Health Act 2000; or'. 13 Clause 84 Amendment of s 232 (Duration of appointment) 14 (1) Section 232(4)-- 15 renumber as section 232(6). 16 (2) Section 232-- 17 insert-- 18 `(4) Also, the chief executive may, by written notice given to a 19 person, suspend the appointment of the person as a 20 community visitor if-- 21 (a) the chief executive reasonably suspects a ground 22 mentioned in subsection (3) may exist in relation to the 23 person; and 24 (b) the chief executive needs to make investigations about 25 the person to help the chief executive decide whether the 26 person is suitable to continue to be a community visitor. 27 `(5) A suspension under subsection (4) starts on the day the person 28 is given written notice of the suspension and ends on the 29 earlier of the following-- 30

 


 

s 85 43 s 86 Justice and Other Legislation Amendment Bill 2007 (a) the day the chief executive gives the person written 1 notice that the suspension has ended; 2 (b) the day the chief executive terminates the person's 3 appointment as a community visitor; 4 (c) the day that is 30 days after the day the suspension 5 starts.'. 6 Clause 85 Insertion of new ch 12, pt 7 7 After section 262F-- 8 insert-- 9 `Part 7 Transitional provisions for 10 Justice and Other Legislation 11 Amendment Act 2007 12 `263 Directions to former guardian or administrator 13 `Section 32B also applies if an appointment mentioned in 14 section 32B(1) ended before the commencement of this 15 section. 16 `264 Interim orders 17 `An interim order made under section 129 before the 18 commencement of this section continues to have effect for the 19 period specified in the order.'. 20 Part 15 Amendment of Industrial 21 Relations Act 1999 22 Clause 86 Act amended in pt 15 23 This part amends the Industrial Relations Act 1999. 24

 


 

s 87 44 s 89 Justice and Other Legislation Amendment Bill 2007 Clause 87 Amendment of sch 2 (Appointments) 1 (1) Schedule 2, section 4(3)-- 2 renumber as schedule 2, section 4(4). 3 (2) Schedule 2, section 4-- 4 insert-- 5 `(3) In section 15 of that Act, a reference to the prescribed 6 authority is taken to be a reference to the Governor in 7 Council.'. 8 Part 16 Amendment of Judges 9 (Pensions and Long Leave) Act 10 1957 11 Clause 88 Act amended in pt 16 12 This part amends the Judges (Pensions and Long Leave) Act 13 1957. 14 Clause 89 Amendment of s 15 (Leave of absence of judges) 15 (1) Section 15(2), (3) and (4), `Governor in Council'-- 16 omit, insert-- 17 `prescribed authority'. 18 (2) Section 15(5), `Governor in Council's'-- 19 omit, insert-- 20 `prescribed authority's'. 21 (3) Section 15-- 22 insert-- 23 `(8) In this section-- 24 prescribed authority, for leave of absence to a judge, means-- 25 (a) the Governor in Council, if the judge is-- 26

 


 

s 90 45 s 93 Justice and Other Legislation Amendment Bill 2007 (i) the Chief Justice; or 1 (ii) the Chief Judge; or 2 (iii) the Chief Magistrate; or 3 (b) the Chief Justice, if the judge is a Supreme Court judge 4 and paragraph (a) does not apply; or 5 (c) the Chief Judge, if the judge is a District Court judge 6 and paragraph (a) does not apply.'. 7 Part 17 Amendment of Judicial Review 8 Act 1991 9 Clause 90 Act amended in pt 17 10 This part amends the Judicial Review Act 1991. 11 Clause 91 Amendment of sch 1, pt 2 12 Schedule 1, part 2-- 13 insert-- 14 `8 Building and Construction Industry Payments Act 2004, part 3, 15 division 2'. 16 Part 18 Amendment of Justices Act 17 1886 18 Clause 92 Act amended in pt 18 and schedule 19 This part and the schedule amend the Justices Act 1886. 20 Clause 93 Amendment of s 22C (Appointment of clerks of the court) 21 Section 22C(1), from `Governor' to `person'-- 22

 


 

s 94 46 s 94 Justice and Other Legislation Amendment Bill 2007 omit, insert-- 1 `chief executive may, by gazette notice, appoint an appropriate 2 person'. 3 Clause 94 Amendment of s 53A (Power, after summons issued, to 4 order mediation) 5 (1) Section 53A(1), after `section 53,'-- 6 insert-- 7 `a magistrate or'. 8 (2) Section 53A(2), before `clerk'-- 9 insert-- 10 `magistrate or'. 11 (3) Section 53A(5)(a) and (b)-- 12 omit, insert-- 13 `(a) the magistrate or clerk of the court must give notice of 14 the order to the complainant and defendant; and 15 (b) the summons may not be served and no other action may 16 be taken on the summons, unless a magistrate or clerk of 17 the court orders that the summons may be proceeded 18 with under section 53B.'. 19 (4) After section 53A(5)-- 20 insert-- 21 `53B Further provision for a summons after mediation is 22 ordered'. 23 (5) Section 53A(6) to (8)-- 24 renumber as section 53B(1) to (3). 25 (6) Section 53B(1), as renumbered, after `If'-- 26 insert-- 27 `a magistrate or'. 28 (7) Section 53B(1), as renumbered, `subsection (7)'-- 29 omit, insert-- 30

 


 

s 95 47 s 95 Justice and Other Legislation Amendment Bill 2007 `subsection (2)'. 1 (8) Section 53B(1), as renumbered, `the clerk', second mention-- 2 omit, insert-- 3 `the magistrate or clerk'. 4 (9) Section 53B(3), as renumbered, before `clerk'-- 5 insert-- 6 `magistrate or'. 7 (10) Section 53B(3), as renumbered-- 8 insert-- 9 `Note-- 10 Under the Police Powers and Responsibilities Act 2000, section 11 388(2)(a), a requirement in a notice to appear that a person appear 12 before a court at a stated time and place is taken to be a summons issued 13 under the Justices Act 1886.'. 14 Clause 95 Replacement of pt 5, div 3 15 Part 5, division 3-- 16 omit, insert-- 17 `Division 3 Warrant if summons is disobeyed 18 `103 Disobedience of summons 19 `(1) This section applies if-- 20 (a) a defendant is charged with an indictable offence; and 21 (b) a summons is issued against the defendant; and 22 (c) the defendant does not appear before the justices at the 23 time and place mentioned in the summons when called. 24 `(2) However, this section does not apply if-- 25 (a) the defendant is charged on a private complaint; and 26 (b) the charge-- 27 (i) can not be dealt with summarily; or 28

 


 

s 96 48 s 97 Justice and Other Legislation Amendment Bill 2007 (ii) can be dealt with summarily without the 1 defendant's consent. 2 `(3) If the justices-- 3 (a) are satisfied, on oath or by deposition as provided in 4 section 56, that the summons was properly served on the 5 defendant a reasonable time before the time appointed 6 for the defendant's appearance; and 7 (b) are satisfied, from information given on oath, that the 8 matter of complaint is substantiated; 9 the justices may issue their warrant to apprehend the 10 defendant and to bring the defendant before justices to answer 11 the complaint and to be further dealt with according to law.'. 12 Clause 96 Amendment of s 142 (Proceedings in absence of 13 defendant) 14 (1) Section 142(1), from `called,' to `upon the defendant'-- 15 omit, insert-- 16 `called and the justices are satisfied, on oath or by deposition 17 as provided in section 56, that the summons was properly 18 served on the defendant'. 19 (2) Section 142(1), `appearance'-- 20 omit, insert-- 21 `appearance,'. 22 Clause 97 Amendment of s 178B (Definitions for part) 23 Section 178B, definition associated place, paragraph (b)-- 24 omit, insert-- 25 `(b) another place where the person is present that the 26 presiding magistrate considers suitable for the conduct 27 of a proceeding under this part. 28 Examples-- 29 a place appointed for the holding of a Magistrates Court 30 a place in a State government or local government building'. 31

 


 

s 98 49 s 99 Justice and Other Legislation Amendment Bill 2007 Clause 98 Amendment of s 178C (Use of video link facilities in 1 proceedings) 2 Section 178C(1)(c)(ii)-- 3 omit, insert-- 4 `(ii) represented by a lawyer and present at another 5 place that-- 6 (A) the presiding magistrate considers suitable 7 for the conduct of a proceeding under this 8 part; and 9 (B) has video link facilities linking it and the 10 primary court.'. 11 Clause 99 Insertion of new pt 11, div 3 12 Part 11-- 13 insert-- 14 `Division 3 Justice and Other Legislation 15 Amendment Act 2007 16 `274 Appointment of clerks of the court and assistants 17 continues 18 `A person appointed as a clerk of the court or assistant clerk of 19 the court under section 22C, as in force immediately before 20 the commencement, continues to hold the appointment after 21 the commencement as if the appointment had been made by 22 the chief executive.'. 23

 


 

s 100 50 s 101 Justice and Other Legislation Amendment Bill 2007 Part 19 Amendment of Justices of the 1 Peace and Commissioners for 2 Declarations Act 1991 3 Clause 100 Act amended in pt 19 and schedule 4 This part and the schedule amend the Justices of the Peace 5 and Commissioners for Declarations Act 1991. 6 Clause 101 Insertion of new pt 5, div 2 7 After section 45-- 8 insert-- 9 `Division 2 Validation provision for approved 10 application forms 11 `46 Validation of approved application forms 12 `(1) An approved application form is taken to have been valid 13 during the relevant period. 14 `(2) Without limiting subsection (1), a requirement in an approved 15 application form for the application to be endorsed by a 16 nominator, in a way stated by the form, is taken to have been 17 valid during the relevant period. 18 `(3) In this section-- 19 approved application form means a form-- 20 (a) made available by the department for use, under the 21 regulation, for applying for appointment as a justice of 22 the peace or commissioner for declarations; and 23 (b) published in the gazette on 22 April 2005 at page 1301. 24 regulation means the Justices of the Peace and 25 Commissioners for Declarations Regulation 1991. 26 relevant period means the period-- 27 (a) starting on 22 April 2005; and 28 (b) ending on 10 August 2006.'. 29

 


 

s 102 51 s 106 Justice and Other Legislation Amendment Bill 2007 Part 20 Amendment of Juvenile Justice 1 Act 1992 2 Clause 102 Act amended in pt 20 3 This part amends the Juvenile Justice Act 1992. 4 Clause 103 Amendment of s 169 (Meaning of eligible drug offence) 5 Section 169(1)(b), `section 10(2)'-- 6 omit, insert-- 7 `section 10(2), (4) or (4A)'. 8 Part 21 Amendment of Land and 9 Resources Tribunal Act 1999 10 Clause 104 Act amended in pt 21 11 This part amends the Land and Resources Tribunal Act 1999. 12 Clause 105 Amendment of s 11 (Pension and leave of absence 13 arrangements for presiding members) 14 Section 11-- 15 insert-- 16 `(3) However, for the purpose of applying section 15 of the Judges 17 Pensions Act for leave of absence for presiding members, the 18 prescribed authority is the Governor in Council.'. 19 Clause 106 Amendment of s 77 (Finance and staffing of tribunal) 20 Section 77(3)-- 21 omit. 22

 


 

s 107 52 s 110 Justice and Other Legislation Amendment Bill 2007 Part 22 Amendment of Land Court Act 1 2000 2 Clause 107 Act amended in pt 22 3 This part amends the Land Court Act 2000. 4 Clause 108 Insertion of new s 73A 5 Part 3, division 5, after section 73-- 6 insert-- 7 `73A Privileges, protection and immunity 8 `(1) A member hearing a proceeding in the Land Appeal Court has 9 the same privileges, protection and immunity as the member 10 would have if the member were a Supreme Court judge 11 hearing a proceeding in the Supreme Court. 12 `(2) The following persons have the same privileges, protection 13 and immunity as the persons would have if the proceeding 14 were in the Supreme Court-- 15 (a) a lawyer or agent appearing in the proceeding; 16 (b) a witness attending in the proceeding.'. 17 Part 23 Amendment of Law Reform 18 Commission Act 1968 19 Clause 109 Act amended in pt 23 20 This part amends the Law Reform Commission Act 1968. 21 Clause 110 Amendment of s 7 (Removal and vacation of office) 22 (1) Section 7(1)(e)-- 23 omit, insert-- 24

 


 

s 111 53 s 113 Justice and Other Legislation Amendment Bill 2007 `(e) the member resigns from office by signed notice of 1 resignation given to the Governor.'. 2 (2) Section 7(1)(d) and (e)-- 3 renumber as section 7(1)(c) and (d). 4 (3) Section 7(3)-- 5 renumber as section 7(2). 6 Clause 111 Amendment of s 10 (Functions and duties of 7 Commission) 8 (1) Section 10(3)(a) to (d), after `;'-- 9 insert-- 10 `and'. 11 (2) Section 10(3)-- 12 insert-- 13 `(e) if asked by the Minister, examine particular branches of 14 the law and make recommendations to the Minister 15 about the reform of the branch of the law, including 16 consolidation of the law or statute law revision;'. 17 Part 24 Amendment of Magistrates Act 18 1991 19 Clause 112 Act amended in pt 24 and schedule 20 This part and the schedule amend the Magistrates Act 1991. 21 Clause 113 Amendment of long title 22 Long title, `office of magistrates, the judicial independence of 23 the magistracy'-- 24 omit, insert-- 25

 


 

s 114 54 s 115 Justice and Other Legislation Amendment Bill 2007 `offices of magistrates and judicial registrars, their 1 independence'. 2 Clause 114 Insertion of new s 5A 3 After section 5-- 4 insert-- 5 `5A Appointment of acting Deputy Chief Magistrate 6 `(1) This section applies if-- 7 (a) the Deputy Chief Magistrate's position is vacant; or 8 (b) the Deputy Chief Magistrate is not available to perform 9 the Deputy Chief Magistrate's functions, because of 10 absence or another reason. 11 `(2) The Chief Magistrate may appoint a magistrate to act as the 12 Deputy Chief Magistrate. 13 `(3) The instrument of appointment must state the period of the 14 appointment. 15 `(4) The period of appointment must not be longer than 6 months. 16 `(5) However, the appointment may be renewed at any time. 17 `(6) In this section-- 18 magistrate does not include a person who is acting as a 19 magistrate.'. 20 Clause 115 Amendment of s 12 (Functions of Chief Magistrate) 21 Section 12-- 22 insert-- 23 `(4) In subsection (2)(a) and (c), a reference to magistrates 24 includes a reference to judicial registrars. 25 `(5) Subsection (4) and this subsection expire on the expiry of part 26 9A under section 53S.'. 27

 


 

s 116 55 s 116 Justice and Other Legislation Amendment Bill 2007 Clause 116 Insertion of new pt 9A 1 After section 52-- 2 insert-- 3 `Part 9A Provisions concerning judicial 4 registrars 5 `Division 1 Appointment 6 `53 Appointment of judicial registrars 7 `(1) The Governor in Council may appoint judicial registrars. 8 `(2) Before making a recommendation to the Governor in Council 9 about the appointment of a judicial registrar, the 10 Attorney-General must first consult with the Chief Magistrate. 11 `(3) A person may be appointed as a judicial registrar only if the 12 person is eligible to be appointed to act as a magistrate under 13 section 6(1). 14 `(4) The appointment may be for a specified period. 15 `(5) However, a person may not be appointed as a judicial registrar 16 for a period that includes a period after the expiry of this part 17 under section 53S. 18 `(6) A person's appointment as a judicial registrar is taken to be an 19 appointment on a full-time basis unless the appointment is 20 stated, in the instrument of appointment, to be on a part-time 21 basis. 22 `(7) A judicial registrar, although appointed on a full-time basis, 23 may, if the Attorney-General agrees in writing, exercise the 24 jurisdiction, powers and functions of a judicial registrar on a 25 part-time basis. 26 `(8) A judicial registrar, although appointed on a part-time basis, 27 may, if the Attorney-General agrees in writing, exercise the 28 jurisdiction, powers and functions of a judicial registrar on a 29 full-time basis. 30

 


 

s 116 56 s 116 Justice and Other Legislation Amendment Bill 2007 `53A Appointment of acting judicial registrars 1 `(1) The Governor in Council may appoint a person to act as a 2 judicial registrar. 3 `(2) Before making a recommendation to the Governor in Council 4 about the appointment of a person to act as a judicial registrar, 5 the Attorney-General must first consult with the Chief 6 Magistrate. 7 `(3) A person may be appointed to act as a judicial registrar only if 8 the person is eligible to be appointed to act as a magistrate 9 under section 6(1). 10 `(4) The appointment may be for a specified period or for a 11 specified matter. 12 `(5) However, a person may not be appointed to act as a judicial 13 registrar for a period that includes a period after the expiry of 14 this part under section 53S. 15 `(6) For the purpose of the person acting as a judicial registrar-- 16 (a) this Act and other Acts apply to the person as if the 17 person were a judicial registrar; and 18 (b) the person has all the powers and functions of a judicial 19 registrar; and 20 (c) the person is to be paid the salary and allowances 21 decided by the Governor in Council, not being less than 22 the salary and allowances paid to a judicial registrar. 23 `53B Acting judicial registrars who are clerks of the court 24 `(1) This section applies if a clerk of the court is appointed to act 25 as a judicial registrar. 26 `(2) The Public Service Act 1996 does not apply to the clerk while 27 the clerk is acting as a judicial registrar. 28 `(3) The clerk retains all rights that have accrued to the clerk 29 because of the clerk's employment, or that would accrue in the 30 future to the clerk because of that employment, as if service 31 acting as a judicial registrar were a continuation of service as 32 a clerk of the court. 33

 


 

s 116 57 s 116 Justice and Other Legislation Amendment Bill 2007 `53C Conditions of appointment 1 `(1) A judicial registrar is to be appointed under this Act and not 2 under the Public Service Act 1996. 3 `(2) A judicial registrar is to be paid the salary and allowances 4 decided by the Governor in Council. 5 `(3) A judicial registrar holds office on the conditions not provided 6 for by this Act that are decided by the Governor in Council. 7 `(4) The office of judicial registrar is not subject to any industrial 8 award, industrial agreement or other industrial instrument or 9 any decision or rule of an industrial tribunal. 10 `(5) When a judicial registrar is appointed, the judicial registrar's 11 salary, allowances and conditions must be published in the 12 gazette. 13 `(6) A judicial registrar's salary and allowances may not be 14 reduced and any change to the judicial registrar's salary, 15 allowances or conditions must be published in the gazette. 16 `53D Preservation of rights 17 `(1) This section applies if a public service officer is appointed as 18 a judicial registrar. 19 `(2) The person retains all rights that have accrued to the person 20 because of employment as a public service officer, or that 21 would accrue in the future to the person because of that 22 employment, as if service as a judicial registrar were a 23 continuation of service as a public service officer. 24 `(3) If the person stops being a judicial registrar for a reason other 25 than a reason mentioned in section 53N(1)(d) or (e), the 26 person is entitled to be appointed to an office in the public 27 service at the classification level at which the person was 28 employed as a public service officer immediately before the 29 person last stopped being a public service officer. 30 `(4) If the person stops being a judicial registrar on being 31 appointed to an office of the public service, the person's 32 service as judicial registrar is to be regarded as service of a 33 like nature in the public service for deciding the person's 34 rights as a public service officer. 35

 


 

s 116 58 s 116 Justice and Other Legislation Amendment Bill 2007 `Division 2 Role 1 `53E Officer of the court 2 `A judicial registrar is an officer of the Magistrates Courts. 3 Note-- 4 See the Evidence Act 1977, section 42 (Signatures of holders of public 5 offices etc. to be judicially noticed). 6 `53F Oath or affirmation 7 `(1) A person appointed under section 53 or 53A must not exercise 8 any powers, or perform any functions, of a judicial registrar 9 unless the person has taken the oath, or made the affirmation, 10 prescribed under the regulation for this section. 11 `(2) The oath or the affirmation may be taken or made before, and 12 may be administered and received by, a magistrate. 13 `(3) A person who does not, within 3 months after appointment as 14 a judicial registrar, take the oath or make the affirmation 15 ceases to hold office as a judicial registrar when the period 16 ends. 17 `(4) A judicial registrar is not required to take an oath or make an 18 affirmation prescribed under any other Act in relation to 19 justices or magistrates. 20 `53G Independence of judicial registrars 21 `A judicial registrar when constituting a Magistrates Court or 22 otherwise exercising a judicial or quasi-judicial power is not 23 subject to direction or control, other than as provided under 24 this Act. 25 Note-- 26 For example, see section 12 (Functions of Chief Magistrate) and section 27 53H. 28 `53H Functions of judicial registrars generally 29 `(1) Every judicial registrar must comply with every reasonable 30 direction given, or requirement made, by the Chief Magistrate 31

 


 

s 116 59 s 116 Justice and Other Legislation Amendment Bill 2007 or by another magistrate authorised in that behalf by the Chief 1 Magistrate. 2 `(2) A judicial registrar appointed on a full-time basis must devote 3 the whole of his or her time to the duties of the office of a 4 judicial registrar. 5 `(3) However, a judicial registrar appointed on a full-time basis 6 may hold another office or perform other duties if-- 7 (a) the holding of the other office or the performance of the 8 other duties is compatible with the office of judicial 9 registrar; and 10 (b) the Governor in Council approves that the judicial 11 registrar hold the office or perform the duties. 12 `(4) A judicial registrar appointed on a part-time basis may hold 13 another office, perform other duties or engage in other 14 employment if-- 15 (a) the holding of the other office, the performance of the 16 other duties or the engagement in the other employment 17 is compatible with the office of judicial registrar; and 18 (b) the Governor in Council approves that the judicial 19 registrar hold the office, perform the duties or engage in 20 the employment. 21 `(5) A judicial registrar must not practise as a barrister or solicitor 22 for fee or reward. 23 `(6) A judicial registrar must immediately stop holding an office, 24 performing other duties or engaging in other employment if 25 required to do so by the Governor in Council. 26 `53I Power concerning prescribed applications and 27 matters 28 `(1) A judicial registrar may hear and decide an application 29 prescribed under a practice direction given under section 30 53J(1). 31 `(2) For those applications, the judicial registrar-- 32 (a) if the application is to a magistrate--is taken to be, and 33 has all the jurisdiction and powers of, a magistrate; or 34

 


 

s 116 60 s 116 Justice and Other Legislation Amendment Bill 2007 (b) if the application is to a Magistrates Court--constitutes, 1 and may exercise all the jurisdiction and powers of, a 2 Magistrates Court. 3 `(3) A judicial registrar may also constitute, and exercise all the 4 jurisdiction and powers of, a Magistrates Court for a matter 5 prescribed under a practice direction given under section 6 53J(2). 7 `(4) However, a judicial registrar may not exercise any power of a 8 Magistrates Court to punish for contempt. 9 `53J Practice direction 10 `(1) The Chief Magistrate may give a practice direction 11 prescribing any of the following types of applications as an 12 application that may be heard and decided by a judicial 13 registrar-- 14 (a) an application that may be made under the Uniform 15 Civil Procedure Rules 1999 to a magistrate; 16 (b) a minor debt claim under the Magistrates Courts Act 17 1921; 18 (c) a small claim under the Small Claims Tribunals Act 19 1973; 20 (d) an application under the Domestic and Family Violence 21 Protection Act 1989 for-- 22 (i) an adjournment of an application for an order 23 under that Act; or 24 (ii) a temporary protection order; or 25 (iii) a domestic violence order in a form agreed to by, 26 or on behalf of, the aggrieved and the respondent; 27 (e) an application under the Bail Act 1980, section 8 if-- 28 (i) the application is to grant, enlarge or vary bail for a 29 defendant charged with an offence (other than an 30 offence mentioned in section 16(3) of that Act); 31 and 32

 


 

s 116 61 s 116 Justice and Other Legislation Amendment Bill 2007 (ii) the complainant, the prosecutor or a person 1 appearing on behalf of the Crown does not oppose 2 the application. 3 `(2) The Chief Magistrate may give a practice direction 4 prescribing any of the following types of matters as matters 5 for which a judicial registrar may constitute, and exercise all 6 the jurisdiction and powers of, a Magistrates Court-- 7 (a) an examination for which a person is summoned under 8 the Corporations Act, section 596A or 596B; 9 (b) a mention of a criminal proceeding; 10 (c) a committal for trial or sentence under the Justices Act 11 1886, section 110A(6) of a defendant who is on bail to 12 appear at the committal. 13 `53K Referring application or matter 14 `(1) If a judicial registrar considers it would be proper for an 15 application or matter mentioned in section 53I to be dealt with 16 by a Magistrates Court as constituted by a magistrate, the 17 judicial registrar must refer the application or matter to a 18 Magistrates Court as constituted by a magistrate. 19 `(2) If a judicial registrar is empowered to hear and decide an 20 application mentioned in section 53J(1)(e) and, after hearing 21 the application, the judicial registrar does not decide to grant 22 it, the judicial registrar must, without deciding the application, 23 refer it to a Magistrates Court as constituted by a magistrate. 24 `53L Decision of judicial registrar taken to be decision of 25 magistrate 26 `If a judicial registrar hears and decides an application under 27 section 53I(1), the judicial registrar's decision is taken to be a 28 decision of a magistrate for the purposes of the following 29 provisions-- 30 (a) the Magistrates Courts Act 1921, sections 45 and 45A; 31 (b) the Small Claims Tribunals Act 1973, sections 18 and 32 19; 33

 


 

s 116 62 s 116 Justice and Other Legislation Amendment Bill 2007 (c) the Domestic and Family Violence Protection Act 1989, 1 part 5; 2 (d) the Bail Act 1980, section 19B(3). 3 `53M Protection and immunity 4 `In performing the functions of a judicial registrar, a judicial 5 registrar has the same protection and immunity as a magistrate 6 performing the functions of a magistrate. 7 `Division 3 Ceasing to hold office 8 `53N Ceasing to be a judicial registrar 9 `(1) A person ceases to be a judicial registrar if-- 10 (a) the person's term of appointment ends; or 11 (b) the person resigns by written notice given to the 12 Attorney-General; or 13 (c) having attained 55, the person elects to retire by written 14 notice given to the Attorney-General; or 15 (d) the person is removed from office; or 16 (e) the person attains 65; or 17 (f) the person ceases to hold office under section 53F(3); or 18 (g) this part expires under section 53S. 19 `(2) However, a person who ceases to be a judicial registrar, other 20 than under subsection (1)(d) or (f), is taken to continue to be a 21 judicial registrar to the extent necessary to enable a decision 22 to be given in a matter that is partly heard or standing for the 23 decision of the judicial registrar. 24 `53O Suspension of judicial registrar by Governor in 25 Council 26 `(1) The Governor in Council may suspend a judicial registrar 27 from office. 28

 


 

s 116 63 s 116 Justice and Other Legislation Amendment Bill 2007 `(2) However, a judicial registrar must not be suspended from 1 office under subsection (1) unless a Supreme Court judge, on 2 the application of the Attorney-General, has decided that there 3 are reasonable grounds for believing that proper cause for 4 removal of the judicial registrar exists. 5 `(3) A copy of an application under subsection (2) must be given 6 to the judicial registrar at least 14 days before the application 7 is heard. 8 `(4) There is proper cause to remove a judicial registrar from 9 office if the judicial registrar-- 10 (a) is incompetent or guilty of serious neglect of the duties 11 of office; or 12 (b) is mentally or physically incapable of carrying out 13 satisfactorily the duties of office; or 14 (c) is guilty of proved misbehaviour, misconduct or conduct 15 unbecoming a judicial registrar. 16 `(5) A suspension under subsection (1) lapses if any of the 17 following happens-- 18 (a) the Supreme Court decides under section 53R that there 19 is no proper cause to remove the judicial registrar; 20 (b) the Governor in Council lifts the suspension. 21 `(6) The Attorney-General must give the following notices to the 22 judicial registrar and publish them in the gazette-- 23 (a) if the judicial registrar is suspended under subsection 24 (1)--notice of the suspension; 25 (b) if the judicial registrar's suspension lapses under 26 subsection (5)--notice of the lapsing of the suspension. 27 `(7) However, a failure to comply with subsection (6)(a) does not 28 affect the suspension or the removal of the judicial registrar 29 following suspension. 30 `(8) A judicial registrar who is suspended from office under 31 subsection (1) may appeal to the Supreme Court against the 32 suspension. 33 `(9) The appeal may be heard with any application made under 34 section 53R. 35

 


 

s 116 64 s 116 Justice and Other Legislation Amendment Bill 2007 `(10) In this section-- 1 duties, of office, includes administrative duties of office. 2 `53P Suspension of judicial registrar in relation to an 3 indictable offence 4 `(1) A judicial registrar is suspended from office immediately on 5 the happening of any of the following whether in Queensland 6 or in another State-- 7 (a) the judicial registrar is arrested by a police officer on a 8 charge of an indictable offence; 9 (b) the judicial registrar appears before a court or justices as 10 required under a complaint and summons issued by a 11 police officer charging the judicial registrar with an 12 indictable offence; 13 (c) the judicial registrar is present as a defendant before a 14 court and a further charge or an amended charge of an 15 indictable offence is made against the judicial registrar; 16 Example-- 17 A further charge or an amended charge of an indictable offence 18 may be made against the judicial registrar under the Justices Act 19 1886, section 42(1A). 20 (d) the judicial registrar is committed for trial or sentence 21 by a court on a charge of an indictable offence; 22 (e) an indictment is presented to a court by a person 23 authorised to present the indictment by the State, 24 another State or the Commonwealth charging the 25 judicial registrar with an indictable offence. 26 `(2) A judicial registrar's suspension from office under subsection 27 (1) continues if, on appeal from a conviction of an indictable 28 offence, the appellate court quashes the conviction but orders 29 a new trial. 30 `(3) A suspension under subsection (1) lapses if the Governor in 31 Council lifts the suspension or either of the following happens 32 in proceedings arising from the charging of the offence-- 33 (a) the judicial registrar is not convicted of any indictable 34 offence; 35

 


 

s 116 65 s 116 Justice and Other Legislation Amendment Bill 2007 (b) no charge of an indictable offence is proceeded with. 1 `(4) A suspension under subsection (2) lapses if the Governor in 2 Council lifts the suspension or either of the following happens 3 in proceedings arising from the order for a new trial-- 4 (a) the judicial registrar is not convicted of any indictable 5 offence; 6 (b) no charge of an indictable offence is proceeded with. 7 `(5) A suspension also lapses if the Supreme Court decides under 8 section 53R that there is no proper cause to remove the 9 judicial registrar. 10 `(6) The Attorney-General must give the following notices to the 11 judicial registrar and publish them in the gazette-- 12 (a) if the judicial registrar is suspended under subsection 13 (1)--notice of the suspension; 14 (b) if the judicial registrar's suspension lapses under 15 subsection (3), (4) or (5)--notice of the lapsing of the 16 suspension. 17 `(7) However, a failure to comply with subsection (6)(a) does not 18 affect the suspension or the removal of the judicial registrar 19 following suspension. 20 `(8) For this section, proceedings arise from the charging of an 21 indictable offence or from an order for a new trial if the 22 proceedings relate to the same, or the same set of, 23 circumstances as those giving rise to the charging of the 24 indictable offence. 25 `(9) In this section-- 26 committed, by a court, includes any form of requirement by a 27 court under which a person must appear for trial or sentence 28 on a charge of an offence. 29 complaint and summons includes-- 30 (a) a notice to appear under the Police Powers and 31 Responsibilities Act 2000; and 32 (b) an instrument under a law of another State or the 33 Commonwealth requiring a person to appear before any 34 court in relation to a charge of an offence alleged to have 35 been committed by the person. 36

 


 

s 116 66 s 116 Justice and Other Legislation Amendment Bill 2007 indictment, in relation to an indictment presented outside the 1 State, means any allegation of an offence made in a way that 2 is the same as, or substantially the same as, an indictment 3 under a law of the State. 4 Note-- 5 For indictments under a law of the State, see the Criminal Code, section 6 1 and the Acts Interpretation Act 1954, section 36. 7 `53Q Remuneration during suspension and after conviction 8 `(1) A judicial registrar is entitled to remuneration during a period 9 of suspension under section 53O(1) or section 53P(1) or (2). 10 `(2) However, but subject to subsection (3), if a judicial registrar is 11 convicted of an indictable offence, the judicial registrar is not 12 entitled to remuneration on and from the day of the 13 conviction. 14 `(3) A judicial registrar who is convicted of an indictable offence 15 is entitled to remuneration during the period the judicial 16 registrar is subject to the conviction if-- 17 (a) the judicial registrar's conviction is quashed on appeal 18 and proceedings for the offence are at an end; or 19 (b) the judicial registrar's conviction is quashed on appeal 20 but a new trial is ordered; or 21 (c) the Supreme Court decides under section 53R that there 22 is no proper cause to remove the judicial registrar. 23 `(4) Subsection (2) has effect despite section 53C. 24 `53R Removal of judicial registrar from office 25 `(1) A judicial registrar must not be removed from office unless 26 the Supreme Court decides that proper cause exists to remove 27 the judicial registrar-- 28 (a) on an application under subsection (2) or (3); or 29 (b) under subsection (5). 30 `(2) If a judicial registrar is suspended from office under section 31 53O(1), the Attorney-General must, as soon as practicable, 32

 


 

s 116 67 s 116 Justice and Other Legislation Amendment Bill 2007 apply to the Supreme Court for a decision whether proper 1 cause exists to remove the judicial registrar. 2 `(3) If-- 3 (a) a judicial registrar is suspended from office under 4 section 53P(1) or (2); and 5 (b) all proceedings arising from the charging of, or the 6 conviction of, the indictable offence, including 7 proceedings arising from an order for a new trial 8 mentioned in section 53P(2), have ended without the 9 suspension having lapsed; 10 the Attorney-General must, as soon as practicable after 11 proceedings have ended, apply to the Supreme Court to decide 12 whether proper cause exists to remove the judicial registrar. 13 Examples of proceedings ending-- 14 1 The appeal period has ended and an appeal has not started. 15 2 If an appeal has started, the appeal has been finally decided or the 16 appeal has been abandoned. 17 `(4) For subsection (3), proper cause to remove the judicial 18 registrar may include the conviction of the judicial registrar of 19 an indictable offence. 20 `(5) On appeal by a judicial registrar under section 53O(8), the 21 Supreme Court must decide whether proper cause exists to 22 remove the judicial registrar whether or not the 23 Attorney-General has made an application under subsection 24 (2) or (3). 25 `(6) If a judicial registrar is removed from office, the 26 Attorney-General must publish notice of the judicial 27 registrar's removal in the gazette and give a copy of the notice 28 to the judicial registrar. 29 `(7) For this section, proceedings arise from the charging of an 30 indictable offence or from an order for a new trial if the 31 proceedings relate to the same, or the same set of, 32 circumstances as those giving rise to the charging of the 33 indictable offence. 34

 


 

s 117 68 s 118 Justice and Other Legislation Amendment Bill 2007 `Division 4 Expiry 1 `53S Expiry of part and amendment of Act 2 `(1) This part expires 2 years after it commences. 3 `(2) However, before the end of the 2 years, a regulation may 4 extend the period before expiry to not more than 3 years after 5 the part commences. 6 `(3) Despite the expiry, section 53L continues to apply to a 7 decision of a judicial registrar, including a decision provided 8 for under section 53N(2). 9 `(4) Immediately before the expiry, the Act is amended as 10 follows-- 11 long title-- 12 omit, insert-- 13 `An Act relating to the office of magistrates, the judicial 14 independence of the magistracy, and for related purposes'. 15 Part 25 Amendment of Mental Health 16 Act 2000 17 Clause 117 Act amended in pt 25 and schedule 18 This part and the schedule amend the Mental Health Act 2000. 19 Clause 118 Amendment of s 58 (Court may make court assessment 20 order for person) 21 Section 58(3)(b), `accordingly'-- 22 omit, insert-- 23 `in custody'. 24

 


 

s 119 69 s 121 Justice and Other Legislation Amendment Bill 2007 Clause 119 Amendment of s 77 (Court may grant bail and 1 proceedings may be discontinued) 2 (1) Section 77, heading-- 3 omit, insert-- 4 `77 Bail, remand and discontinuance of proceedings etc.'. 5 (2) Section 77(b)-- 6 renumber as section 77(d). 7 (3) Section 77-- 8 insert-- 9 `(b) a court remanding a classified patient in custody in 10 relation to proceedings for an offence; or 11 (c) a court adjourning proceedings for an offence until a 12 stated date; or'. 13 Clause 120 Amendment of s 244 (Court may grant bail and 14 proceedings may be discontinued) 15 (1) Section 244, heading-- 16 omit, insert-- 17 `244 Bail, remand and discontinuance of proceedings etc.'. 18 (2) Section 244(b)-- 19 omit, insert-- 20 `(b) a court remanding the patient in custody in relation to 21 proceedings for an offence; or 22 (c) a court adjourning the proceedings for an offence until a 23 stated date; or 24 (d) the prosecution of the patient for the offence mentioned 25 in section 236(1)(a) being discontinued at any time by 26 the complainant or director of public prosecutions.'. 27 Clause 121 Amendment of s 260 (Court may grant bail and 28 proceedings may be discontinued) 29 (1) Section 260, heading-- 30 omit, insert-- 31

 


 

s 122 70 s 123 Justice and Other Legislation Amendment Bill 2007 `260 Bail, remand and discontinuance of proceedings etc.'. 1 (2) Section 260(b)-- 2 renumber as section 260(d). 3 (3) Section 260-- 4 insert-- 5 `(b) a court remanding the person in custody in relation to 6 proceedings for an offence; or 7 (c) a court adjourning the proceedings for an offence until a 8 stated date; or'. 9 Clause 122 Replacement of s 544 (When patient or surety not liable) 10 Section 544-- 11 omit, insert-- 12 `544 When prescribed person or surety not liable 13 `(1) This section applies if proceedings for an offence against a 14 prescribed person are suspended under this Act. 15 `(2) The prescribed person or a surety of the prescribed person 16 does not incur any liability merely because of the prescribed 17 person's failure to appear before a court for the offence. 18 `(3) In this section-- 19 prescribed person means-- 20 (a) a person mentioned in section 75; or 21 (b) a patient mentioned in section 243; or 22 (c) a person mentioned in section 259.'. 23 Part 26 Amendment of Ombudsman 24 Act 2001 25 Clause 123 Act amended in pt 26 26 This part amends the Ombudsman Act 2001. 27

 


 

s 124 71 s 127 Justice and Other Legislation Amendment Bill 2007 Clause 124 Amendment of s 23 (Refusal to investigate complaint) 1 Section 23(4), `in writing'-- 2 omit, insert-- 3 `in a way the ombudsman considers appropriate'. 4 Part 27 Amendment of Penalties And 5 Sentences Act 1992 6 Clause 125 Act amended in pt 27 and schedule 7 This part and the schedule amend the Penalties and Sentences 8 Act 1992. 9 Clause 126 Amendment of s 9 (Sentencing guidelines) 10 (1) Section 9(2)(o) to (q)-- 11 renumber as section 9(2)(p) to (r). 12 (2) Section 9(2)-- 13 insert-- 14 `(o) if the offender is on bail and is required under the 15 offender's undertaking to attend a rehabilitation, 16 treatment or other intervention program or course--the 17 offender's successful completion of the program or 18 course; and'. 19 (3) Section 9(7), `subsection (2)(o)'-- 20 omit, insert-- 21 `subsection (2)(p)'. 22 Clause 127 Amendment of s 12 (Court to consider whether or not to 23 record conviction) 24 Section 12-- 25 insert-- 26

 


 

s 128 72 s 131 Justice and Other Legislation Amendment Bill 2007 `(7) Despite subsection (6), the second court is not required to 1 record the conviction for the offence if-- 2 (a) the offender is the subject of a community service order 3 or probation order; and 4 (b) the reason the court is dealing with the offender for the 5 same offence is because the offender has applied for a 6 revocation of the community service order or probation 7 order; and 8 (c) the offender has not breached the community service 9 order or probation order.'. 10 Clause 128 Amendment of s 15D (Meaning of eligible drug offence) 11 Section 15D(1)(b), `section 10(2)'-- 12 omit, insert-- 13 `section 10(2), (4) or (4A)'. 14 Clause 129 Amendment of s 125 (Powers of Magistrates Court that 15 convicts offender of offence against s 123(1)) 16 Section 125(4)(a), after `Court--'-- 17 insert-- 18 `subject to section 126A,'. 19 Clause 130 Amendment of s 126 (Powers of Supreme Court or 20 District Court to deal with offender) 21 Section 126(4), after `also'-- 22 insert-- 23 `, subject to section 126A,'. 24 Clause 131 Insertion of new s 126A 25 After section 126-- 26 insert-- 27

 


 

s 132 73 s 132 Justice and Other Legislation Amendment Bill 2007 `126A Particular provision for driver licence disqualifications 1 `(1) This section applies if-- 2 (a) a court decides to deal with an offender under section 3 125(4)(a) or 126(4) in relation to an offence for which a 4 community based order was made; and 5 (b) the offence is an offence for which a period of 6 disqualification from holding or obtaining a Queensland 7 driver licence-- 8 (i) may be imposed under this Act; or 9 (ii) may or must be imposed under the Transport 10 Operations (Road Use Management) Act 1995; 11 and 12 (c) a period of disqualification has been imposed for the 13 offence. 14 `(2) In taking action under section 125(4)(a) or 126(4), the court 15 may not change or revoke the period of disqualification 16 imposed for the offence.'. 17 Clause 132 Amendment of schedule (Serious violent offences) 18 (1) Schedule, entry for Criminal Code, items 15 and 44-- 19 omit, insert-- 20 `15 sections 303 (Definition of manslaughter) and 310 21 (Punishment of manslaughter) 22 44 section 419(1) (Burglary), if section 419(3)(b)(i) or (ii) 23 applies'. 24 (2) Schedule, entries for Corrective Services Act 2006, Corrective 25 Services Act 2000 (Provisions repealed by Corrective Services 26 Act 2006) and Drugs Misuse Act 1986-- 27 omit, insert-- 28 `Corrective Services Act 2006 29 1 section 122(2) (Unlawful assembly, riot and mutiny) 30 2 section 124(a) (Other offences) 31

 


 

s 133 74 s 134 Justice and Other Legislation Amendment Bill 2007 `Corrective Services Act 2000 (Provisions 1 repealed by Corrective Services Act 2006) 2 1 section 92(2) (Unlawful assembly, riot and mutiny) 3 2 section 94(a) (Other offences) 4 `Drugs Misuse Act 1986 5 1 section 5 (Trafficking in dangerous drugs) 6 2 section 6 (Supplying dangerous drugs), if the offence is one of 7 aggravated supply as mentioned in that section 8 3 section 8 (Producing dangerous drugs), if the circumstances 9 mentioned in paragraph (a) or (b) of the penalty apply'. 10 Part 28 Amendment of Professional 11 Standards Act 2004 12 Clause 133 Act amended in pt 28 13 This part amends the Professional Standards Act 2004. 14 Clause 134 Insertion of new s 7A 15 Part 1, division 4-- 16 insert-- 17 `7A References to amounts payable in relation to an 18 occupational liability 19 `A reference in this Act to the amount payable under an 20 insurance policy in relation to an occupational liability 21 includes a reference to-- 22 (a) defence costs payable in relation to a claim, or 23 notification that may lead to a claim (other than 24

 


 

s 135 75 s 136 Justice and Other Legislation Amendment Bill 2007 reimbursement of the defendant for time spent in 1 relation to the claim), but only if those costs are payable 2 out of the 1 sum insured under the policy in relation to 3 the occupational liability; and 4 (b) the amount payable under or in relation to the policy by 5 way of excess.'. 6 Clause 135 Replacement of s 22 (Limitation of liability by insurance 7 arrangements) 8 Section 22-- 9 omit, insert-- 10 `22 Limitation of liability by insurance arrangements 11 `A scheme may provide that if a person to whom the scheme 12 applies and against whom a cause of action relating to 13 occupational liability is brought is able to satisfy the court 14 that-- 15 (a) the person has the benefit of an insurance policy 16 insuring the person against the occupational liability; 17 and 18 (b) the amount payable under the insurance policy in 19 relation to the occupational liability is at least the 20 amount of the monetary ceiling specified in the scheme 21 in relation to the class of person and the kind of work to 22 which the cause of action relates; 23 the person is not liable in damages in relation to that cause of 24 action above the amount of that monetary ceiling.'. 25 Clause 136 Amendment of s 23 (Limitation of liability by reference to 26 amount of business assets) 27 (1) Section 23(a)-- 28 omit, insert-- 29 `(a) that the person has business assets the net current market 30 value of which is at least the amount of the monetary 31 ceiling specified in the scheme in relation to the class of 32 person and the kind of work to which the cause of action 33 relates; or'. 34

 


 

s 137 76 s 137 Justice and Other Legislation Amendment Bill 2007 (2) Section 23(b)(ii)-- 1 omit, insert-- 2 `(ii) the net current market value of the business assets 3 and the amount payable under the insurance policy 4 in relation to the occupational liability, if 5 combined, would total an amount that is at least the 6 amount of the monetary ceiling specified in the 7 scheme in relation to the class of person and the 8 kind of work to which the cause of action relates;'. 9 Clause 137 Amendment of s 24 (Limitation of liability by multiple of 10 charges) 11 (1) Section 24(1)(a)(ii)-- 12 omit, insert-- 13 `(ii) under which the amount payable in relation to the 14 occupational liability is at least an amount 15 (limitation amount), being a reasonable charge for 16 the services provided by the person or which the 17 person failed to provide and to which the cause of 18 action relates, multiplied by the multiple specified 19 in the scheme in relation to the class of person and 20 the kind of work to which the cause of action 21 relates; or'. 22 (2) Section 24(1)(c)(ii)-- 23 omit, insert-- 24 `(ii) the net current market value of the assets and the 25 amount payable under the insurance policy in 26 relation to the occupational liability, if combined, 27 would total an amount that is at least the limitation 28 amount;'. 29 (3) Section 24(3), `in relation to the person'-- 30 omit, insert-- 31 `in relation to the class of person and the kind of work 32 concerned'. 33

 


 

s 138 77 s 140 Justice and Other Legislation Amendment Bill 2007 Clause 138 Insertion of new s 27A 1 After section 27-- 2 insert-- 3 `27A Liability in damages not reduced to below relevant 4 limit 5 `The liability in damages of a person to whom a scheme 6 applies is not reduced below the relevant limitation imposed 7 by a scheme in force under this Act because the amount 8 available to be paid to the claimant under the insurance policy 9 required for the purposes of this Act in relation to that liability 10 is less than the relevant limitation. 11 Note-- 12 Section 7A permits a defence costs inclusive policy for the purposes of 13 this Act that may reduce the amount available to be paid to a client in 14 relation to occupational liability covered by the policy. Section 27A 15 makes it clear that this does not reduce the cap on the liability of the 16 scheme participant to the client, and accordingly the scheme participant 17 will continue to be liable to the client for the amount of any difference 18 between the amount payable to the client under the policy and the 19 amount of the cap.'. 20 Clause 139 Amendment of s 29 (Limit of occupational liability by 21 schemes) 22 Section 29(4), `happens'-- 23 omit, insert-- 24 `giving rise to the cause of action concerned happened'. 25 Clause 140 Amendment of s 42 (Legal status of council) 26 Section 42-- 27 insert-- 28 `(3) The council is a statutory body for the Financial 29 Administration and Audit Act 1977 and the Statutory Bodies 30 Financial Arrangements Act 1982. 31 `(4) The Statutory Bodies Financial Arrangements Act 1982, part 32 2B sets out the way in which the council's powers under this 33 Act are affected by that Act.'. 34

 


 

s 141 78 s 143 Justice and Other Legislation Amendment Bill 2007 Clause 141 Amendment of sch 2 (Dictionary) 1 (1) Schedule 2, definition damages-- 2 omit. 3 (2) Schedule 2-- 4 insert-- 5 `costs includes fees, charges, disbursements and expenses. 6 damages means-- 7 (a) damages awarded for a claim or counter-claim or by 8 way of set-off; and 9 (b) costs in relation to the proceedings ordered to be paid in 10 connection with the award, other than costs incurred in 11 enforcing a judgment or incurred on an appeal made by 12 a defendant; and 13 (a) any interest payable on the amount of those damages or 14 costs.'. 15 Part 29 Amendment of Recording of 16 Evidence Act 1962 17 Clause 142 Act amended in pt 29 18 This part amends the Recording of Evidence Act 1962. 19 Clause 143 Amendment of s 6 (Power to appoint shorthand reporters 20 and recorders) 21 (1) Section 6(1), from `Governor' to `fit and proper'-- 22 omit, insert-- 23 `chief executive may, for this Act, appoint appropriate'. 24 (2) Section 6(1A) and (4), `Minister'-- 25 omit, insert-- 26 `chief executive'. 27

 


 

s 144 79 s 147 Justice and Other Legislation Amendment Bill 2007 Clause 144 Insertion of new s 15 1 After section 14-- 2 insert-- 3 `15 Transitional provision for Justice and Other 4 Legislation Amendment Act 2007 5 `A person appointed as a shorthand reporter or recorder under 6 section 6, as in force immediately before the commencement 7 of this section, continues to hold the appointment after the 8 commencement as if the appointment had been made by the 9 chief executive.'. 10 Part 30 Amendment of Referendums 11 Act 1997 12 Clause 145 Act amended in pt 30 13 This part amends the Referendums Act 1997. 14 Clause 146 Amendment of s 49 (Requirements for an application to 15 be effective) 16 Section 49(3)(a), `court'-- 17 omit, insert-- 18 `Supreme Court registry in Brisbane'. 19 Clause 147 Amendment of s 50 (Copies of application to be given to 20 clerk of the Parliament and commission) 21 Section 50, `The staff of the Supreme Court'-- 22 omit, insert-- 23 `The registrar of the Supreme Court'. 24

 


 

s 148 80 s 151 Justice and Other Legislation Amendment Bill 2007 Clause 148 Amendment of s 59 (Copy of final court orders to be sent 1 to clerk of Parliament) 2 Section 59, `The court must arrange for a copy'-- 3 omit, insert-- 4 `The registrar of the Supreme Court must arrange for a copy'. 5 Clause 149 Amendment of s 62F (Copy of final court orders to be 6 sent to Clerk of Parliament) 7 Section 62F, `The Court of Appeal must arrange for a copy of 8 its final orders'-- 9 omit, insert-- 10 `The registrar of the Supreme Court must arrange for a copy 11 of the Court of Appeal's final orders'. 12 Part 31 Amendment of Small Claims 13 Tribunals Act 1973 14 Clause 150 Act amended in pt 31 15 This part amends the Small Claims Tribunals Act 1973. 16 Clause 151 Replacement of s 19 (Immunity from judicial supervision) 17 Section 19-- 18 omit, insert-- 19 `19 Limitation on orders Supreme Court may make for 20 tribunal proceedings 21 `The Supreme Court may not make a statutory order of review 22 or give a declaratory judgment in relation to a proceeding 23 taken, or to be taken, before a small claims tribunal, or in 24 relation to an order made by a small claims tribunal, unless the 25 court is satisfied that-- 26 (a) the tribunal had or has no jurisdiction under this Act to 27 take the proceeding; or 28

 


 

s 152 81 s 156 Justice and Other Legislation Amendment Bill 2007 (b) during the proceeding there has been a denial of natural 1 justice to a party to the proceeding.'. 2 Part 32 Amendment of Supreme Court 3 of Queensland Act 1991 4 Clause 152 Act amended in pt 32 5 This part amends the Supreme Court of Queensland Act 1991. 6 Clause 153 Omission of pt 2, div 4 (Judicial registrars) 7 Part 2, division 4-- 8 omit. 9 Clause 154 Amendment of s 56 (Single judge to constitute the court) 10 (1) Section 56(3), `or judicial registrar'-- 11 omit. 12 (2) Section 56(4), `judicial registrar,'-- 13 omit. 14 Clause 155 Amendment of pt 7, div 2, sdiv 1 hdg (Constitution of 15 court by judicial registrar) 16 Part 7, division 2, subdivision 1, heading, `court'-- 17 omit, insert-- 18 `District Court'. 19 Clause 156 Amendment of s 73 (Judicial registrar's power to hear 20 and decide applications) 21 (1) Section 73(2) and (3), `court'-- 22 omit, insert-- 23 `District Court'. 24

 


 

s 157 82 s 158 Justice and Other Legislation Amendment Bill 2007 (2) Section 73(3)-- 1 insert-- 2 `Note-- 3 judicial registrar means a judicial registrar of the District Court--see 4 schedule 2.'. 5 Clause 157 Amendment of s 132 (Judicial registrar may exercise 6 certain judicial or quasi-judicial power of registrar) 7 (1) Section 132(a), `Supreme Court or'-- 8 omit. 9 (2) Section 132(b), `of the court'-- 10 omit. 11 Clause 158 Amendment of sch 1 (Subject matter for rules) 12 (1) Schedule 1, item 12-- 13 insert-- 14 `Note-- 15 judicial registrar means a judicial registrar of the District Court--see 16 schedule 2.'. 17 (2) Schedule 1, item 16, `including contempt of the court'-- 18 omit, insert-- 19 `including, for the District Court, contempt of the District 20 Court'. 21 (3) Schedule 1, item 16-- 22 insert-- 23 `Note-- 24 judicial registrar means a judicial registrar of the District Court--see 25 schedule 2.'. 26

 


 

s 159 83 s 162 Justice and Other Legislation Amendment Bill 2007 Clause 159 Amendment of sch 2 (Dictionary) 1 Schedule 2, definition judicial registrar-- 2 omit, insert-- 3 `judicial registrar means a judicial registrar of the District 4 Court.'. 5 Part 33 Amendment of Vexatious 6 Proceedings Act 2005 7 Clause 160 Act amended in pt 33 8 This part amends the Vexatious Proceedings Act 2005. 9 Clause 161 Amendment of s 9 (Notification and register of orders) 10 Section 9, after example-- 11 insert-- 12 `(4) The registrar of the Court may remove a copy of an order from 13 the register mentioned in subsection (2)(b) if the registrar is 14 satisfied that the person in relation to whom the order was 15 made has died.'. 16 Part 34 Minor and consequential 17 amendments 18 Clause 162 Acts amended in schedule 19 (1) The schedule amends the Acts it mentions. 20 (2) However, subsection (1) does not apply in relation to a 21 particular Act if another provision of this Act states that the 22 schedule amends the particular Act. 23

 


 

84 Justice and Other Legislation Amendment Bill 2007 Schedule Minor and consequential 1 amendments 2 sections 5, 8, 19, 29, 42, 49, 51, 70, 92, 100, 112, 117, 125 and 162 3 Anti-Discrimination Act 1991 4 1 Section 106A(1)(l)-- 5 omit. 6 2 Section 213D(c) and (b)-- 7 renumber as section 213D(b) and (c). 8 Bail Act 1980 9 1 Section 36(d), `sections 14(2) and 14(3)'-- 10 omit, insert-- 11 `section 14(2) and (3)'. 12 2 Schedule, heading-- 13 omit, insert-- 14 `Schedule Offences for which bail must 15 not be granted under section 16 14 or 14A'. 17

 


 

85 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) Births, Deaths and Marriages Registration Act 2003 1 1 Section 57, heading-- 2 omit, insert-- 3 `Division 1 Transitional provisions for Act No. 4 31 of 2003 5 `57 Transitional provisions'. 6 2 Section 57A, heading-- 7 omit, insert-- 8 `Division 2 Transitional provision for Justice 9 and Other Legislation Amendment 10 Act 2003 11 `57A Transitional provision'. 12 Children Services Tribunal Act 2000 13 1 Sections 3, 87(2) and 104(2), `schedule 2'-- 14 omit, insert-- 15 `the schedule'. 16 2 Section 6(a), `that is'-- 17 omit, insert-- 18 `that are'. 19

 


 

86 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) 3 Section 30(3)(b), `section 107'-- 1 omit, insert-- 2 `section 104'. 3 4 Section 95(3)-- 4 omit, insert-- 5 `(3) Before the child gives evidence, the tribunal must tell the 6 child that-- 7 (a) he or she may be cross-examined by the tribunal or a 8 party to the proceeding; and 9 (b) he or she may, at any time while the cross-examination 10 is continuing, refuse to be further cross-examined; and 11 (c) if he or she acts under paragraph (b), the review 12 application is taken to have been withdrawn and the 13 review ceases.'. 14 5 Section 96(3)-- 15 omit, insert-- 16 `(3) Before the parent gives evidence, the tribunal must tell the 17 parent that-- 18 (a) he or she may be cross-examined by the tribunal or a 19 party to the proceeding; and 20 (b) he or she may, at any time while the cross-examination 21 is continuing, refuse to be further cross-examined; and 22 (c) if he or she acts under paragraph (b), this may effect the 23 weight given by the tribunal to his or her evidence.'. 24 6 Section 152, definition repealed Act, `Tribunal'-- 25 omit, insert-- 26 `Tribunals'. 27

 


 

87 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) 7 Schedule 2-- 1 renumber as schedule. 2 8 Schedule 2, definition child-related employment decision, 3 after `People'-- 4 insert-- 5 `and Child Guardian'. 6 Coroners Act 2003 7 1 Section 17(1), second example, after `harm'-- 8 insert-- 9 `or risk of harm'. 10 2 Section 17(3)(a), example, `213(2)'-- 11 omit, insert-- 12 `214(2)'. 13 Crime and Misconduct Act 2001 14 1 Section 146J(1)(e)-- 15 omit. 16 2 Section 166(6), definition prescribed information, 17 paragraph (b)-- 18 omit, insert-- 19

 


 

88 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) `(b) a disclosure of information under section 130(2)(f)(ii) or 1 (g).'. 2 3 Section 270(1), `407,' and footnote-- 3 omit, insert-- 4 `674,2'. 5 4 Section 279(3), after `People'-- 6 insert-- 7 `and Child Guardian'. 8 5 Section 324(5)(a), after `People'-- 9 insert-- 10 `and Child Guardian'. 11 6 Section 326(1)(b), `, or under section 131,' and footnote-- 12 omit. 13 Criminal Code 14 1 Section 227C(3), definition supervision order, paragraph 15 (d)-- 16 omit, insert-- 17 `(d) an intensive drug rehabilitation order under the Drug 18 Court Act 2000;'. 19 2 Police Powers and Responsibilities Act 2000, section 674 (Who may inspect CMC's register)

 


 

89 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) 2 Section 228H(1)(b), examples-- 1 omit, insert-- 2 `Examples of conduct that may be reasonable for the performance 3 of a law enforcement officer's duties-- 4 copying child exploitation material for the purposes of 5 preparing a brief for police prosecutors 6 supplying child exploitation material to a classification 7 officer for classification or to the Office of the Director of 8 Public Prosecutions for use during the prosecution of a 9 person for an offence 10 keeping child exploitation material obtained during an 11 investigation for legitimate intelligence purposes'. 12 3 Section 228H(2)(a)(i), `chapter 5 or 5A;' and footnote-- 13 omit, insert-- 14 `chapter 10 or 11;3'. 15 4 Section 228H(3)-- 16 omit. 17 5 Section 408A, heading, `user'-- 18 omit, insert-- 19 `use'. 20 6 Section 590AI(1)(b), before `590AO(2)'-- 21 insert-- 22 `section'. 23 3 Police Powers and Responsibilities Act 2000, chapter 10 (Controlled activities) or 11 (Controlled operations)

 


 

90 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) 7 Section 590AK(1)(b)(ii), before `590AO(2)'-- 1 insert-- 2 `section'. 3 8 Section 679A(1), `has been is being is about to be or may 4 be committed'-- 5 omit, insert-- 6 `has been, is being, is about to be, or may be, committed'. 7 Criminal Law (Rehabilitation of Offenders) Act 1986 8 1 Section 3(1)-- 9 insert-- 10 `indictment, for this subsection, definition rehabilitation 11 period, paragraph (a), for a conviction recorded elsewhere 12 than in Queensland, means a written charge preferred against 13 an accused person before a court other than a court of like 14 jurisdiction to a Magistrates Court exercising summary 15 jurisdiction.'. 16 2 Section 3(1), definition rehabilitation period, paragraph 17 (a), after `expire;'-- 18 insert-- 19 `or'. 20 3 Section 3(1A)-- 21 omit. 22

 


 

91 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) 4 Section 9A(1), table, column 1, heading, `Position'-- 1 omit, insert-- 2 `Position,'. 3 5 Section 9A(1), table, column 2, item 5, `Criminal Code 4 chapter 22, 32, 33, 34, or in'-- 5 omit, insert-- 6 `Criminal Code, chapter 22, 32, 33 or 34 or'. 7 6 Section 9A(1), table, columns 1 and 2, item 19-- 8 omit. 9 Criminal Offence Victims Act 1995 10 1 Section 15(4)(b)-- 11 omit, insert-- 12 `(b) Penalties and Sentences Act 1992, sections 160B to 13 160D;4'. 14 Dangerous Prisoners (Sexual Offenders) Act 2003 15 1 Sections 40(2) and 47, `(corrective services)'-- 16 omit. 17 4 Penalties and Sentences Act 1992, sections 160B to 160D provide for the fixing of a parole date for the offender by the court.

 


 

92 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) 2 Section 48(1), from `person' to `custody'-- 1 omit, insert-- 2 `chief executive'. 3 3 Section 48(2), `person in charge'-- 4 omit, insert-- 5 `chief executive'. 6 District Court of Queensland Act 1967 7 1 Section 3, definition rules, after `Rules'-- 8 insert-- 9 `1999'. 10 2 Section 20(3) and (4)-- 11 renumber as section 20(2) and (3). 12 Drug Court Act 2000 13 1 Section 21(b)(i), `general manager of the prison'-- 14 omit, insert-- 15 `chief executive (corrective services)'. 16 2 Part 7, division 2, heading, `provision'-- 17 omit, insert-- 18 `provisions'. 19

 


 

93 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) Drugs Misuse Act 1986 1 1 Section 4, definition approved form, `58A' and footnote-- 2 omit, insert-- 3 `133'. 4 2 Section 113(4)(b), first occurrence-- 5 renumber as section 113(4)(a). 6 3 Section 121(7), `186 and 187' and footnote-- 7 omit, insert-- 8 `192 and 193'. 9 Evidence Act 1977 10 1 Section 94(1), `paragraphs (a) or (b)'-- 11 omit, insert-- 12 `paragraph (a) or (b)'. 13 2 Schedule 1, heading, `Schedules'-- 14 omit. 15

 


 

94 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) Freedom of Information Act 1992 1 1 Section 9(1)(d), `subsection (3)'-- 2 omit, insert-- 3 `subsection (2)'. 4 2 Section 25(4), `subsection (5)'-- 5 omit, insert-- 6 `subsection (3)'. 7 3 Section 25(7), note, from `section 28B'-- 8 omit, insert-- 9 `section 28A except in the circumstances mentioned in section 28A(4).'. 10 4 Section 48(1), `the schedule 1'-- 11 omit, insert-- 12 `schedule 1'. 13 5 Part 7, division 1-- 14 omit. 15 6 Schedule 3, `Sugar Industry Act 1999, section 107T' and 16 footnote-- 17 omit, insert-- 18 `Sugar Industry Act 1999, section 2715'. 19 5 Sugar Industry Act 1999, section 271 (Exempt matter after commencement)

 


 

95 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) Justices Act 1886 1 1 Section 23D(7)(a), `lodged'-- 2 omit, insert-- 3 `filed'. 4 2 Section 47(7)-- 5 omit. 6 3 Section 54(2), lodged'-- 7 omit, insert-- 8 `filed'. 9 4 Section 54(5)(a), `lodgement'-- 10 omit, insert-- 11 `filing'. 12 5 Section 57(e), `have'-- 13 omit, insert-- 14 `to have'. 15 6 Section 69A(3), before `computer', first mention-- 16 insert-- 17 `the'. 18 7 Section 102C(1A) and (1B), `lodged'-- 19 omit, insert-- 20 `filed'. 21

 


 

96 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) 8 Section 110A(13)(a), `in manner'-- 1 omit, insert-- 2 `in the manner'. 3 9 Section 113A(2), after `corporation', first mention-- 4 insert-- 5 `do either or both of the following'. 6 10 Section 143, heading-- 7 omit, insert-- 8 `143 Adjournment of hearing if warrant to apprehend 9 defendant issued'. 10 11 Section 151, from `lodged'-- 11 omit, insert-- 12 `filed with the clerk of the court.'. 13 12 Section 221, `In this part'-- 14 omit, insert-- 15 `In this division'. 16 13 Section 273(1), `2002'-- 17 omit, insert-- 18 `2003'. 19

 


 

97 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) Justices of the Peace and Commissioners for 1 Declarations Act 1991 2 1 Section 17(d)-- 3 renumber as section 17(c). 4 2 Section 26(1), `other than section 17(c) is to'-- 5 omit, insert-- 6 `must'. 7 3 Section 27(1), `(d)'-- 8 omit, insert-- 9 `(c)'. 10 4 Part 5, heading-- 11 omit, insert-- 12 `Part 5 Transitional and savings 13 provisions 14 `Division 1 Transitional provisions for Act No. 15 50 of 1991'. 16 Limitation of Actions Act 1974 17 1 Part 5, as inserted by Act No. 55 of 2005-- 18 renumber as part 6. 19

 


 

98 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) 2 Section 44, as inserted by Act No. 55 of 2005-- 1 renumber as section 45. 2 Magistrates Act 1991 3 1 Part 10, division 1, heading, `1995'-- 4 omit, insert-- 5 `1991'. 6 Mental Health Act 2000 7 1 Attachment, flowchart for involuntary patient charged 8 with an offence--chapter 7, `s 244(b)'-- 9 omit, insert-- 10 `s 244(d)'. 11 Penalties and Sentences Act 1992 12 1 Section 4-- 13 insert-- 14 `Queensland driver licence see the Transport Operations 15 (Road Use Management) Act 1995, schedule 4.'. 16

 


 

99 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) 2 Section 13A(10), penalty, paragraph (a), after `;'-- 1 insert-- 2 `or'. 3 3 Section 15E(1)(c), second dot point, `340(a)'-- 4 omit, insert-- 5 `340(1)(a)'. 6 4 Section 15E(1)(c), third dot point, `340(b)'-- 7 omit, insert-- 8 `340(1)(b)'. 9 5 Section 82(1), `78(1)(a)'-- 10 omit, insert-- 11 `78(a)'. 12 6 Section 82(5), definition PP, example, `If the fine 13 converted to fine'-- 14 omit, insert-- 15 `If a fine has been converted to a fine'. 16 7 Section 187(1), before `driver licence'-- 17 insert-- 18 `Queensland'. 19 8 Section 187(3), definition driver licence-- 20 omit. 21

 


 

100 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) Public Trustee Act 1978 1 1 Section 17B(4), `subsection'-- 2 omit, insert-- 3 `section'. 4 2 Section 31(5A), `applies'-- 5 omit, insert-- 6 `apply'. 7 3 Section 36(7)(a), `shall in no wise'-- 8 omit, insert-- 9 `is not to'. 10 4 Section 41(8), `The regulations'-- 11 omit, insert-- 12 `A regulation'. 13 5 Section 41(8), `the regulations'-- 14 omit, insert-- 15 `a regulation'. 16 6 Section 54(4), `sections'-- 17 omit, insert-- 18 `section'. 19 7 Section 117G-- 20 insert-- 21

 


 

101 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) `(3) In this section-- 1 accountable person see section 98.'. 2 8 Sections 117H(4)(c) and 117I(1)(a), `part'-- 3 omit, insert-- 4 `division'. 5 9 Part 10, division 1, heading, `provision'-- 6 omit, insert-- 7 `provisions'. 8 State Penalties Enforcement Act 1999 9 1 Section 49(2), after `hours'-- 10 insert-- 11 `of'. 12 2 Section 150(1)(b), `credit, card'-- 13 omit, insert-- 14 `credit card,'. 15 3 Section 150(2)(b), before `payment'-- 16 insert-- 17 `until'. 18 4 Schedule 2, definition chief executive (corrective 19 services)-- 20 omit. 21

 


 

102 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) Trustee Companies Act 1968 1 1 Schedule 2, part 1, `Permanent Trustee Company 2 Limited', `Perpetual Trustees Australia Limited' and `Trust 3 Company of Australia Limited'-- 4 omit. 5 2 Schedule 2, part 1-- 6 insert-- 7 `Perpetual Limited 8 Trust Company Fiduciary Services Limited 9 Trust Company Limited'. 10 3 Schedule 2, part 2, entries for `Permanent Trustee 11 Company Limited', `Perpetual Trustees Australia Limited' 12 and `Trust Company of Australia Limited'-- 13 omit. 14 4 Schedule 2, part 2-- 15 insert-- 16 `Perpetual Limited 17 (1) The paid-up capital of the company must be at least 18 $2000000. 19 (2) A member must not be the beneficial holder of more than 10% 20 of the capital of the company from time to time on issue. 21

 


 

103 Justice and Other Legislation Amendment Bill 2007 Schedule (continued) `Trust Company Fiduciary Services Limited 1 The paid-up capital of the company must be at least 2 $2000000. 3 `Trust Company Limited 4 (1) A member must not be the beneficial holder of more than 15% 5 of the capital of the company from time to time on issue. 6 (2) Subject to this Act, the company may alter its share capital in 7 any manner permitted by the Corporations Act other than by 8 reducing its share capital.'. 9 Witness Protection Act 2000 10 1 Schedule 2, definition non-disclosure certificate, second 11 mention-- 12 omit. 13 State of Queensland 2007

 


 

AMENDMENTS TO BILL

1 Justice and Other Legislation Amendment Bill 2007 Justice and Other Legislation Amendment Bill 2007 Amendments agreed to during Consideration 1 Clause 9 (Amendment of s 6 (Definitions))-- At page 14, line 12, `2004'-- omit, insert-- `2007'. 2 Clause 116 (Insertion of new pt 9A)-- At page 57, lines 17 to 35-- omit, insert-- `53D Preservation of rights `(1) This section applies if an employee of a prescribed authority (the relevant prescribed authority) is appointed as a judicial registrar. `(2) The person retains all rights that have accrued to the person because of employment by any prescribed authority, or that would accrue in the future to the person because of that employment, as if service as a judicial registrar were a continuation of service as an employee of the relevant prescribed authority. `(3) If the person stops being a judicial registrar for a reason other than a reason mentioned in section 53N(1)(d), the person is entitled to be appointed to a position in the relevant prescribed authority at the classification level of the substantive position in which the person was employed at the relevant prescribed authority immediately before the person was appointed as a judicial registrar. `(4) If the person stops being a judicial registrar because the person is appointed to a position in a prescribed authority, the person's service as judicial registrar is to be regarded as service of a like nature with the prescribed authority for

 


 

2 Justice and Other Legislation Amendment Bill 2007 deciding the person's rights as an employee of the prescribed authority. `(5) In this section-- classification level, at a prescribed authority, includes another level, however described, reflecting seniority at the prescribed authority. employee, of a prescribed authority, means-- (a) a public service officer employed by the prescribed authority; or (b) a police officer employed by the prescribed authority; or (c) a person, other than a person mentioned in paragraph (a) or (b) or a person employed on a temporary or casual basis, employed by the prescribed authority. prescribed authority means-- (a) a department; or (b) the Crime and Misconduct Commission; or (c) Legal Aid Queensland; or (d) the police service; or (e) another entity, whether or not incorporated, that is declared by regulation to be a prescribed authority.'.

 


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