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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
SUCCESSION AND OTHER
ACTS AMENDMENT BILL
2000
Queensland
SUCCESSION AND OTHER ACTS
AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF SUCCESSION ACT 1981
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 5A--TESTAMENTARY APPOINTMENT OF
GUARDIANS OF CHILDREN
Division 1--Preliminary
61A Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
61B Application of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Division 2--Appointment of testamentary guardian
61C Appointment of guardian by will . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
61D When the appointment takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . 6
61E Effect of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
61F Testamentary guardian to act jointly with other guardians . . . . . . . 7
Division 3--Applications to the Supreme Court
61G Application by testamentary guardian . . . . . . . . . . . . . . . . . . . . . . . . 7
61H Application by parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
61I Supreme Court decision on application . . . . . . . . . . . . . . . . . . . . . . . 8
61J Supreme Court's powers not limited . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 3--AMENDMENT OF COMMONWEALTH POWERS
(FAMILY LAW--CHILDREN) ACT 1990
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2
Succession and Other Acts Amendment
6 Amendment of s 3 (Reference of certain matters relating to children) . . . 8
7 Amendment of sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 4--AMENDMENT OF CHILD PROTECTION ACT 1999
8 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Insertion of new s 259A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2000
A BILL
FOR
An Act to amend the Succession Act 1981 and other Acts
s1 4 s4
Succession and Other Acts Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Succession and Other Acts Amendment 4
Act 2000. 5
6
Commencement
Clause 2. This Act, other than part 4, is taken to have commenced on 23 March 7
2000. 8
ART 2--AMENDMENT OF SUCCESSION ACT 1981 9
P
amended in pt 2 10
Act
Clause 3. This part amends the Succession Act 1981. 11
of new pt 5A 12
Insertion
Clause 4. After section 61-- 13
insert-- 14
s4 5 s4
Succession and Other Acts Amendment
ART 5A--TESTAMENTARY APPOINTMENT OF 1
`P
GUARDIANS OF CHILDREN 2
`Division 1--Preliminary 3
for pt 5A 4
`Definitions
`61A. In this part-- 5
"child" means an individual under 18 years who is not, and has never been, 6
married. 7
"guardian", of a child, does not include a person who has guardianship of 8
the child, under another Act, in the person's capacity as the chief 9
executive of a department of government of the Commonwealth or a 10
State or as a Minister of the Commonwealth or a State. 11
"parent", of a child-- 12
(a) includes-- 13
(i) for an Aboriginal child--a person who, under Aboriginal 14
tradition, is regarded as a parent of the child; and 15
(ii) for a Torres Strait Islander child--a person who, under 16
Island custom, is regarded as a parent of the child; but 17
(b) does not include a parent whose parental responsibility for the 18
child has been ended by-- 19
(i) a decision or order of a federal court or a court of a State; or 20
(ii) a decision or order of another court that has effect in 21
Queensland. 22
"testamentary guardian", of a child, means a person who is a guardian of 23
the child under an appointment by will. 24
of pt 5A 25
`Application
`61B.(1) This part applies to a child-- 26
(a) whether the child was born in Queensland or elsewhere; and 27
s4 6 s4
Succession and Other Acts Amendment
(b) whether the child was born before or after the commencement of 1
this part. 2
`(2) This part applies to an appointment made by will whether the will 3
was made before or after the commencement of this part. 4
`Division 2--Appointment of testamentary guardian 5
of guardian by will 6
`Appointment
`61C.(1) A parent or guardian of a child may, by will, appoint a person 7
as a guardian of the child. 8
`(2) The appointment is of no effect if the appointor is not a parent or 9
guardian of the child immediately before the appointor's death. 10
the appointment takes effect 11
`When
`61D.(1) This section provides for when an appointment by will of a 12
person as a guardian of a child takes effect. 13
`(2) If the appointor is not survived by a parent of the child, the 14
appointment takes effect on the appointor's death. 15
`(3) If the appointor is survived by 1 or more parents of the child, the 16
appointment takes effect as follows-- 17
(a) if the will shows that the appointor intended the appointment to 18
take effect on the appointor's death, the appointment takes effect 19
on the appointor's death; 20
(b) otherwise, the appointment takes effect on the death of the last 21
surviving parent. 22
of appointment 23
`Effect
`61E.(1) A testamentary guardian of a child has all the powers, rights and 24
responsibilities, for making decisions about the long-term care, welfare and 25
development of the child, that are ordinarily vested in a guardian. 26
s4 7 s4
Succession and Other Acts Amendment
1
Examples of matters concerned with a child's long term care, welfare and
2
development--
3
The child's education and religious upbringing.
`(2) The appointment of a person as testamentary guardian of a child 4
gives the person daily care authority for the child if and only if-- 5
(a) the child has no surviving parent; and 6
(b) no-one else has daily care authority for the child (however 7
described) under a decision or order of a federal court or a court 8
of a State. 9
`(3) In this section-- 10
"daily care authority", for a child, means-- 11
(a) the right to have the child's daily care; and 12
(b) the right and responsibility to make decisions about the child's 13
daily care. 14
guardian to act jointly with other guardians 15
`Testamentary
`61F.(1) This section applies to a testamentary guardian of a child if the 16
child has 1 or more other guardians. 17
`(2) The testamentary guardian must discharge his or her rights and 18
responsibilities, and exercise his or her powers, as testamentary guardian of 19
the child jointly with the other guardian or guardians. 20
3--Applications to the Supreme Court 21
`Division
by testamentary guardian 22
`Application
`61G.(1) This section applies to a person appointed as a testamentary 23
guardian of a child if the appointor has died and the appointment has not 24
taken effect. 25
`(2) The person may apply to the Supreme Court for an order that the 26
appointment take effect immediately. 27
s5 8 s6
Succession and Other Acts Amendment
by parent 1
`Application
`61H.(1) This section applies to a parent of a child if a person has been 2
appointed as a testamentary guardian of the child and the appointment has 3
taken effect. 4
`(2) The parent may apply to the Supreme Court for an order that the 5
appointment be revoked, suspended until the parent's death or suspended 6
for another period stated in the application. 7
Court decision on application 8
`Supreme
`61I. On receiving an application under this division, the Supreme Court 9
may make the orders it considers appropriate. 10
Court's powers not limited 11
`Supreme
`61J. This division does not limit the powers of the Supreme Court 12
under another law.'. 13
ART 3--AMENDMENT OF COMMONWEALTH 14
P
POWERS (FAMILY LAW--CHILDREN) ACT 1990 15
amended in pt 3 16
Act
Clause 5. This part amends the Commonwealth Powers (Family 17
Law--Children) Act 1990. 18
of s 3 (Reference of certain matters relating to children) 19
Amendment
Clause 6.(1) Section 3, `schedule 1'-- 20
omit, insert-- 21
`the schedule'. 22
(2) Section 3-- 23
insert-- 24
s7 9 s9
Succession and Other Acts Amendment
`(4) A reference in this section to an Act specified in the schedule 1
includes a reference to a part of an Act specified in the schedule.'. 2
of sch 1 3
Amendment
Clause 7.(1) Schedule 1, heading-- 4
omit, insert-- 5
`SCHEDULE'. 6
(2) Schedule 1-- 7
insert-- 8
`Succession Act 1981, part 5A'. 9
PART 4--AMENDMENT OF CHILD PROTECTION 10
ACT 1999 11
amended in pt 4 12
Act
Clause 8. This part amends the Child Protection Act 1999. 13
of new s 259A 14
Insertion
Clause 9. After section 259-- 15
insert-- 16
`Appointment of guardian by deed under s 90 of repealed Act 17
`259A.(1) This section applies to a deed, made under section 90 of the 18
repealed Act,1 appointing a person as guardian of a child, if the deed was in 19
force immediately before the commencing day. 20
`(2) The deed has effect to the same extent as if the repealed Act had not 21
been repealed. 22
1 Children's Services Act 1965, section 90 (Power of father and mother of an infant
to appoint guardians)
s9 10 s9
Succession and Other Acts Amendment
`(3) Subsection (2) does not limit the Acts Interpretation Act 1954, 1
section 20.2 2
`(4) This section has effect from 23 March 2000.'. 3
© State of Queensland 2000
2 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act
etc.)
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