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Queensland
STATUTE LAW
(MISCELLANEOUS
PROVISIONS) BILL (No. 2)
1993
Queensland
STATUTE LAW (MISCELLANEOUS
PROVISIONS) BILL (No. 2) 1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amended Acts--Schedules 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Repeals--Schedules 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Explanatory notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 7
MINOR AMENDMENTS AND AMENDMENTS BY WAY OF
STATUTE LAW REVISION
ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ANTI-DISCRIMINATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
ANZAC DAY ACT 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ART UNIONS AND PUBLIC AMUSEMENTS ACT 1992 . . . . . . . . . . . . . 20
BAIL ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
BUILDING ACT 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
CHILDRENS COURT ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
CLEAN AIR ACT 1963 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
COMMERCIAL ARBITRATION ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . 27
COMMUNITY SERVICES (ABORIGINES) ACT 1984 . . . . . . . . . . . . . . . 28
COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 . . . . . . . . . . . . 29
CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 . . . 29
DISTRICT COURTS ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
DIVIDING FENCES ACT 1953 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
DOMESTIC VIOLENCE (FAMILY PROTECTION) ACT 1989 . . . . . . . . 36
2
Statute Law (Miscellaneous Provisions)
(No. 2)
ELECTRICITY ACT 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
FRIENDLY SOCIETIES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
HARBOURS ACT 1955 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
INDUSTRIAL RELATIONS ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
JUDGES (SALARIES AND ALLOWANCES) ACT 1967 . . . . . . . . . . . . . 51
JUPITERS CASINO AGREEMENT ACT 1983 . . . . . . . . . . . . . . . . . . . . . . 52
JUSTICES OF THE PEACE AND COMMISSIONERS FOR
DECLARATIONS ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
LIBRARIES AND ARCHIVES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . 59
LOCAL GOVERNMENT SUPERANNUATION ACT 1985 . . . . . . . . . . . . 60
MOUNT ISA MINES LIMITED AGREEMENT ACT 1985 . . . . . . . . . . . . . 60
PAWNBROKERS ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 62
PODIATRISTS ACT 1969 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PRIMARY PRODUCERS' CO-OPERATIVE ASSOCIATIONS
ACT 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PRIMARY PRODUCERS' ORGANISATION AND MARKETING
ACT 1926 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 . . . . . . 69
QUEENSLAND NICKEL AGREEMENT ACT 1970 . . . . . . . . . . . . . . . . . . 73
RACING AND BETTING ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
REAL PROPERTY ACT 1861 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
REPRINTS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
SEWERAGE AND WATER SUPPLY ACT 1949 . . . . . . . . . . . . . . . . . . . . 79
STATE ENVIRONMENT ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
STATE HOUSING ACT 1945 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
STATE HOUSING (FREEHOLDING OF LAND) ACT 1957 . . . . . . . . . . . 84
STATUTORY INSTRUMENTS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 85
WORKPLACE HEALTH AND SAFETY ACT 1989 . . . . . . . . . . . . . . . . . . 89
3
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 91
AMENDMENTS BY WAY OF STATUTE LAW REVISION ONLY
ASSOCIATIONS INCORPORATION ACT 1981 . . . . . . . . . . . . . . . . . . . . . 91
CLASSIFICATION OF FILMS ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . 92
DAIRY INDUSTRY ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
FINANCIAL ADMINISTRATION AND AUDIT ACT 1977 . . . . . . . . . . . . 92
QUEENSLAND INVESTMENT CORPORATION ACT 1991 . . . . . . . . . . . 93
RACING AND BETTING AMENDMENT ACT (No. 2) 1991 . . . . . . . . . . 93
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1993 . . . . . . . 95
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 96
ACTS REPEALED
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 99
DECLARED LAWS WHOSE REPEAL DOES NOT END THEIR
EFFECT
1993
A BILL
FOR
An Act to make various amendments of Queensland statute law and
to repeal certain Acts
6
Statute Law (Miscellaneous Provisions)
(No. 2)
The Parliament of Queensland enacts-- 1
title 2
Short
This Act may be cited as the Statute Law (Miscellaneous 3
Clause1.
Provisions) Act (No. 2) 1993. 4
5
Commencement
This Act commences on the day of assent except so far as is 6
Clause2.
otherwise expressly provided. 7
Acts--Schedules 1 and 2 8
Amended
An Act mentioned in Schedule 1 or 2 is amended as specified in 9
Clause3.
the relevant Schedule. 10
3 and 4 11
Repeals--Schedules
Clause4.(1) The Acts mentioned in Schedule 3 are repealed. 12
(2) Each provision or Act mentioned in Schedule 4 is a law to which 13
section 20A of the Acts Interpretation Act 1954 applies. 14
notes 15
Explanatory
An explanatory note to a provision of this Act is not part of the 16
Clause5.
Act. 17
7
Statute Law (Miscellaneous Provisions)
(No. 2)
CHEDULE 1 1
¡S
MINOR AMENDMENTS AND AMENDMENTS BY 2
WAY OF STATUTE LAW REVISION 3
section 3 4
CTS INTERPRETATION ACT 1954 5
´A
Amendments 6
1. Section 14(2), (3) and (4)-- 7
renumber as section 14(3), (4) and (5). 8
2. Section 14(1)-- 9
omit, insert-- 10
`14.(1) A heading to a Chapter, Part, Division or Subdivision of an Act 11
is part of the Act. 12
`(2) A heading to a section, subsection or another provision of an Act is 13
part of the Act if-- 14
(a) the Act is enacted after 30 June 1991; or 15
(b) the heading is amended or inserted after 30 June 1991.'. 16
3. Section 15B-- 17
omit `particular'. 18
4. Section 18-- 19
omit, insert-- 20
8
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
`Time of expiry of Act etc. 1
`18. If an Act or a provision of an Act-- 2
(a) expires on a day; or 3
(b) is expressed to remain or continue in force, or otherwise have 4
effect, until a day; 5
the Act or provision has effect until the end of the day.'. 6
5. Section 19 (at the end)-- 7
insert-- 8
`Example 1-- 9
Act A repeals Act B. The later repeal or expiry of Act A does not revive 10
Act B. 11
Example 2-- 12
Act C amends section 10 of Act D. The later repeal of Act C does not 13
revive section 10 in its unamended form and section 10 in its amended 14
form continues in force until it is later repealed or amended or expires.'. 15
6. Section 20A(2)-- 16
omit, insert-- 17
`(2) If an Act or a provision of an Act (the "savings law") declares 18
another Act or a provision of another Act (the "declared law") to be a law 19
to which this section applies-- 20
(a) the effect of the declared law does not end merely because of its 21
repeal or expiry; and 22
(b) the effect of the savings law does not end merely because of its 23
repeal or expiry.'. 24
9
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
7. After section 23-- 1
insert-- 2
`Conferral of statutory power on another entity 3
`23A.(1) If a provision of an Act, whether expressly or by implication, 4
confers a power (the "first power") on an entity to authorise or require 5
another entity to exercise a power (the "second power"), then, if the first 6
power is exercised, the provision is taken to confer the second power on the 7
other entity. 8
`(2) In this section-- 9
"power" includes doing an act or making a decision for the purpose of 10
performing a function.'. 11
8. Section 24A(1)(e)-- 12
omit `by' (first mention). 13
9. Section 27A-- 14
insert-- 15
`(16) In this section-- 16
"power" includes doing an act or making a decision for the purpose of 17
performing a function.'. 18
10. Section 32D-- 19
omit, insert-- 20
`Effect of express references to corporations and individuals 21
`32D. In an Act, a reference to a person generally-- 22
(a) does not exclude a reference to a corporation or an individual 23
merely because elsewhere in the Act there is express reference to 24
a corporation; and 25
10
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
(b) does not exclude a reference to an individual or a corporation 1
merely because elsewhere in the Act there is express reference to 2
an individual. 3
Examples of references to a person generally-- 4
· `another' 5
· `anyone' 6
· `no-one' 7
· `one' 8
· `party' 9
· `person' 10
· `someone' 11
· `whoever' 12
Examples of express reference to a corporation-- 13
· body corporate 14
· company 15
· corporation sole 16
Examples of express references to an individual-- 17
· adult 18
· child 19
· spouse.'. 20
11. Section 33(3)-- 21
omit `subsections (2)', insert `paragraphs'. 22
12. Section 33(5) (after `particular department')-- 23
omit `by its name', insert `of government by name'. 24
11
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
13. After section 33(5A)-- 1
insert-- 2
`(5AB) If a provision of an Act refers to a department of government 3
and specifies the department by reference to the administration (however 4
described) of a specified Act or enactment, subsection (5) applies as if 5
references in paragraphs (a) and (b) to the provision were references to the 6
specified Act or enactment.'. 7
14. Section 33-- 8
insert-- 9
`(5C) If a provision of an Act refers to the chief executive of a 10
department of government by reference to the administration (however 11
described) of a specified Act or enactment, subsection (5B) applies as if 12
references in paragraphs (a) or (b) to the provision were references to the 13
specified Act or enactment.'. 14
15. Section 35(1)-- 15
omit `statutory body', insert `entity'. 16
16. Section 35(2)-- 17
omit `body', insert `entity'. 18
17. Section 36 (definitions "Act", "amend", "chief executive", 19
"contravene", "financial year", "Governor", "Governor in Council", 20
"Legislative Assembly", "Parliament", "repeal", "sign", "the Act", 21
"this Act" and "under")-- 22
omit. 23
12
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
18. Section 36-- 1
insert-- 2
` "Act" has the meaning given by sections 6 and 7; 3
"amend" includes-- 4
(a) for an Act, instrument or provision of an Act or 5
instrument--omit, insert, and omit and insert; and 6
(b) for an Act or provision of an Act--amend by implication; and 7
(c) for an instrument or provision of an instrument--alter or vary; 8
"asset" includes property of any type; 9
"breach" includes fail to comply with; 10
"change" includes change by omission, substitution or addition; 11
"chief executive"-- 12
(a) for a department of government specified by name--means the 13
chief executive (however described) under whose control the 14
department is placed; or 15
(b) for a department of government if a particular department is not 16
specified by name--has the meaning given by section 33; or 17
(c) for a specified unit of the public sector that is not a department of 18
government--means the chief executive (however described) 19
under whose control the unit is placed; 20
"child", if age rather than descendancy is relevant, means an individual 21
who is under 18; 22
"citation" of an Act includes the Act's short title; 23
"committal proceeding" means an examination of witnesses under the 24
Justices Act 1886 about an indictable offence; 25
"contravene" includes fail to comply with; 26
"doctor" means medical practitioner; 27
"entity" includes a person and an unincorporated body; 28
"file" includes lodge; 29
13
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
"financial year" means a period of 1 year beginning on 1 July; 1
"Governor" means-- 2
(a) for Queensland--the Governor of Queensland, and includes the 3
Lieutenant Governor, the Administrator and the Deputy 4
Governor; or 5
(b) for another State (other than the Australian Capital Territory or the 6
Northern Territory)--the State's Governor, and includes a person 7
administering the State's Government; or 8
(c) for the Northern Territory--the Territory's Administrator, and 9
includes a person administering the Territory's Government; 10
"Governor in Council" means-- 11
(a) for Queensland--the Governor acting with the advice of 12
Executive Council; or 13
(b) for another State (other than the Australian Capital Territory)--the 14
State's Governor acting with the advice of the State's Executive 15
Council; 16
"grant of representation", for a deceased person, means a grant of 17
probate of the will or letters of administration of the deceased person's 18
estate, and includes the grant of an order to administer and the filing of 19
an election to administer the deceased person's estate; 20
"penalty unit" has the meaning given under section 5 of the Penalties and 21
Sentences Act 1992; 22
"repeal" includes-- 23
(a) for a provision of an Act or instrument--repeal the provision by 24
omitting it; and 25
(b) for an Act, instrument or provision of an Act or 26
instrument--abrogate or limit its effect or exclude from its 27
application any person, matter or circumstance; and 28
(c) for an instrument or a provision of an instrument--revoke or 29
rescind it; 30
"sign" includes the attaching of a seal and the making of a mark; 31
14
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
"summary", for an offence or proceeding, has the meaning given by 1
section 44; 2
"table" in the Legislative Assembly means lay before the Assembly; 3
"under", for an Act or a provision of an Act, includes-- 4
(a) by; and 5
(b) for the purposes of; and 6
(c) in accordance with;'. 7
19. Section 38A-- 8
omit `attains', insert `is'. 9
20. Sections 39 and 39A-- 10
omit `(whether the expression `deliver', `give', `notify', `send' or `serve' 11
or another expression is used)'. 12
21. Section 39(2)-- 13
renumber as subsection (3). 14
22. Section 39-- 15
insert-- 16
`(2) Subsection (1) applies whether the expression `deliver', `give', 17
`notify', `send' or `serve' or another expression is used.'. 18
23. Section 39A-- 19
insert-- 20
`(3) Subsections (1) and (2) apply whether the expression `deliver', 21
`give', `notify', `send' or `serve' or another expression is used.'. 22
15
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
24. Section 41 and 41A(1) (after `conviction')-- 1
insert `(whether or not a conviction is recorded)'. 2
25. Section 42 (heading)-- 3
omit, insert-- 4
`Any person may prosecute etc.'. 5
26. Section 42 (before `enforcement')-- 6
insert `imposition or'. 7
27. Section 49(1)-- 8
omit `by', insert `or approved under'. 9
28. Section 49(2) and (3)-- 10
omit `by or', insert `or approved'. 11
29. Section 49(3) 12
omit, insert-- 13
`(3) If-- 14
(a) a form ("form 1") may be prescribed or approved under an Act 15
for a purpose or 2 or more purposes; and 16
(b) another form ("form 2") may be prescribed or approved under 17
the Act or another Act for the same or another purpose or 18
purposes; 19
then, if separate forms 1 and 2 are prescribed or approved, a combined 20
form 1 and 2 may be prescribed or approved and used for the purpose or all 21
the purposes.'. 22
16
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
30. Section 49-- 1
insert-- 2
`(5) If a form may be prescribed or approved under an Act for a purpose 3
or 2 or more purposes, the form may only require information or 4
documents to be included in, attached to or given with the form that are 5
reasonably necessary for the purpose or 1 or more of the purposes.'. 6
Example 1-- 7
A prescribed or approved form may not require the provision of personal 8
information irrelevant to a purpose for which the form is required. 9
Example 2-- 10
A prescribed or approved form may not require the provision of personal 11
information that has some relevance to a purpose for which the form is 12
required, but is excessively intrusive to personal privacy.'. 13
14
Explanatory notes
15
Amendment 1 is a consequential renumbering amendment.
16
Amendment 2 replaces existing section 14(1) which commenced on 1 July 1991 and
17
extended the types of headings in an Act that are part of an Act. Proposed
18
subsection (2) incorporates this commencement date for the types of headings
19
becoming part of an Act on that date.
20
Amendment 3 omits a redundant word.
21
Amendment 4 clarifies the point of time at which an Act or provision expires. Under
22
proposed section 18 the Act or provision has effect until the end of the day.
23
Amendment 5 adds examples to section 19 to clarify its effect. The examples make
24
it clear that repealing and amending Acts can be repealed once they have come into
25
operation without reviving the Acts (or form of Acts) they repealed or amended.
26
Amendment 6 makes it clear that the repeal or expiry of a law declaring that
27
section 20A (Repeal does not end saving, transitional or validating effect etc.)
28
applies does not affect the declaration.
29
Amendment 7 is designed to overcome a recurring technical drafting problem where
30
a provision does not actually confer a power on an entity, but merely allows someone
31
else to do the conferring. Under current Queensland legislative drafting practice the
32
conferral of power on the entity is taken to be implicit in the exercise of the
33
conferring power and is not dealt with expressly. The proposed section confirms this
17
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
practice.
2
Amendment 8 removes a redundant word.
3
Amendment 9 inserts a new subsection 16 to give a definition of "power". The
4
proposed definition of "power" extends it to cover things done in performing a
5
function. This means that, although a person with a statutory function may not
6
delegate the function itself, tasks involved in performing the function may be
7
delegated.
8
Amendment 10 changes the layout of section 32D to make it more user-friendly and
9
to give further examples.
10
Amendment 11 corrects a reference.
11
Amendment 12 inserts words for consistency with the remainder of section 33.
12
Amendments 13 and 14 clarify the meaning of provisions specifying departments and
13
chief executives by reference to the administration of a specified Act or enactment
14
eg. `the department of government within which the XYZ Act 1993 is administered'.
15
Proposed subsections (5AA) and (5C) mirror the provision already made in
16
section 33 for Ministers (see subsection (3)).
17
Amendments 15 and 16 extend the cases where a reference to Queensland is to be
18
implied to entities. "Entity" will be defined in section 36 of the Acts Interpretation
19
Act 1954 (see Amendment 19).
20
Amendment 17 omits a number of definitions from section 36 (Meaning of commonly
21
used words and expressions). Apart from the definitions "Legislative Assembly",
22
"Parliament", "the Act" and "this Act" the definitions are replaced by
23
Amendment 18.
24
The definitions of "Legislative Assembly" as the Legislative Assembly of
25
Queensland and "Parliament" as the Parliament of Queensland are unnecessary (see
26
section 35, Acts Interpretation Act 1954).
27
The definitions "the Act" and "this Act" are no longer necessary because of the new
28
definition "Act" inserted by Amendment 18.
29
Amendment 18 inserts a number of definitions into section 36. Some of the
30
definitions replace existing definitions. Others are new.
31
"Act" has been redefined to include a reference to section 7 (Act includes statutory
32
instruments under Act etc.). As a result, the definitions of "the Act" and "this Act"
33
are unnecessary.
34
The proposed definition of "breach" is new. A consequential change has been made
35
to the existing definition of "contravene".
36
Section 36 defines "minor" as an individual who is under 18. The proposed definition
18
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
of "child" gives the same meaning to "child" in the appropriate context.
2
The definition of "chief executive" has been extended to deal with chief executives
3
of public sector units that are not departments.
4
Section 36 currently defines "Governor" and "Governor in Council". The proposed
5
definitions will help in the drafting of uniform legislation by clarifying the meaning
6
of the terms for the Northern Territory.
7
The existing definitions of "financial year" and "sign" have been updated to reflect
8
current drafting practice.
9
The following proposed definitions are new--
10
· "asset"
11
· "change"
12
· "child"
13
· "citation"
14
· "committal proceeding"
15
· "doctor"
16
· "entity"
17
· "file"
18
· "grant of representation"
19
· "penalty unit"
20
· "summary"
21
· "table"
22
"Repeal" and "under" have been redefined for clarification.
23
Amendment 19 updates the language of section 38A to reflect current drafting
24
practice.
25
Amendment 20 omits words that will be dealt with by a new subsection inserted by
26
Amendment 22 (for section 39) and Amendment 23 (for section 39A).
27
Amendment 21 is a consequential renumbering amendment.
28
Amendments 22 and 23 deal with the words omitted by Amendment 20.
29
Amendment 24 is consequential on the enactment of the Penalties and Sentences
30
Act 1992. Under Part 4 of that Act a court may impose a fine whether or not it records
31
a conviction.
32
Amendment 25 substitutes a new section heading to clarify a less easily understood
19
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
heading.
2
Amendment 26 inserts words in section 42 (Penalty etc. may be enforced by anyone)
3
making it easier to read and understand the following section 43 (Appropriation of
4
penalties).
5
Amendments 27 and 28 are consequential on the revised definition of "under" in
6
section 36 of the Acts Interpretation Act 1954.
7
Amendment 29 implements minor technical drafting changes.
8
Amendment 30 inserts a new subsection 49(5). The new subsection limits the type of
9
information or document that can be required by a form prescribed under an Act (this
10
would include an approved form because of section 26 of the Statutory Instruments
11
Act 1992). Because of the new subsection, a prescribed form may only require
12
information and documents reasonably necessary for a purpose for which the form is
13
required.
NTI-DISCRIMINATION ACT 1992 14
´A
Amendments 15
1. Section 4-- 16
insert-- 17
` "Registrar" means the Registrar of the Tribunal;'. 18
2. Section 165(3)-- 19
omit. 20
3. Section 187(a)-- 21
omit `section 195', insert `section 185'. 22
4. Section 212-- 23
omit `Commissioner', insert `Registrar'. 24
20
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
Explanatory notes
2
Amendment 1 provides for a definition `Registrar'.
3
Amendment 2 corrects an error. Section 166 makes it clear only the complainant can
4
bring an action. Section 165(3) is therefore superfluous.
5
Amendment 3 corrects a cross reference.
6
Amendment 4 allows the Registrar, instead of the Commissioner, to certify a copy of
7
an order as a true copy to enforce the order in a court of competent jurisdiction.
NZAC DAY ACT 1921 8
´A
Amendments 9
1. Section 4(5)(a)-- 10
omit `The Governor in Council by Order in Council published in the 11
Gazette', 12
insert `A regulation'. 13
2. Section 4(5)(b)-- 14
omit. 15
16
Explanatory note
17
Amendments 1 and 2 complete the implementation of the current drafting practice to
18
use regulations. Implementation began with the amendments of the Act in the Statute
19
Law (Miscellaneous Provisions) Act 1993. See the amendment of the Statute Law
20
(Miscellaneous Provisions) Act 1993 in Schedule 2.
RT UNIONS AND PUBLIC AMUSEMENTS ACT 1992 21
´A
Amendments 22
1. Section 4 (definition "sporting purpose")-- 23
21
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
omit `that is engaged in competitively', 1
insert `of a recreational nature'. 2
2. Section 52-- 3
omit, insert-- 4
`Requirements of applicant for bingo centre licence 5
`52. The following requirements apply to an applicant for a bingo centre 6
licence for premises-- 7
(a) the applicant must be an association (the "applicant 8
association") incorporated under the Associations Incorporation 9
Act 1981; 10
(b) the applicant association's ordinary members must consist only 11
of individuals (the "individuals"), appointed by each of the 12
eligible associations conducting, or intending to conduct, minor 13
bingo or major bingo at the premises, as representatives of the 14
eligible associations; 15
(c) each individual must be an ordinary member of the eligible 16
association that appointed the individual; 17
(d) the number of individuals appointed to the applicant association 18
by each eligible association must be the same.'. 19
3. Section 67 (after `premises')-- 20
insert `where liquor is sold'. 21
4. Section 130-- 22
omit. 23
24
Explanatory Notes
25
The department has reviewed the operation of this Act which has been in force for
26
over a year.
22
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
Amendment 1 amends the definition "sporting purpose" to reflect the recreational
2
aspect of sporting activity rather than the competitive aspect.
3
Amendment 2
4
All the current holders of bingo centre licences under the old Act are incorporated
5
under the Associations Incorporation Act 1981 and this is their preferred way of
6
incorporation. Under the present section 52, it is not possible for existing licence
7
holders who must obtain licences under the new Act when their existing licences end
8
on 31 December 1993, or new applicants, to comply with the section and the
9
Associations Incorporation Act 1981. The amendment recasts section 52 in a way that
10
an association can comply with the section and the Associations Incorporation Act
11
1981.
12
Amendment 3 removes an unintended consequence of section 67's operation. The
13
original aim of the provision was to improve accountability and control over the sale
14
of lucky envelopes in bar areas by eliminating hand sales and requiring sales through
15
approved vending machines. Under the Liquor Act 1992 "licensed premises" includes
16
the entire premises.
17
The problem arises about the sale of lucky envelopes when bingo sessions are
18
conducted in halls or function rooms that are a part of licensed premises. Lucky
19
envelopes are usually sold by hand in these instances and it was never the intention
20
to stop this way of sale.
21
Amendment 4 omits a redundant provision.
BAIL ACT 1980 22
´
Amendments 23
1. After section 6-- 24
insert-- 25
`Delegation of powers by proper officer 26
`6A.(1) A proper officer may delegate the proper officer's powers under 27
this Act to an officer of the public service (an "officer") mentioned in 28
subsection (2) if the officer is a justice. 29
`(2) If the proper officer is-- 30
(a) the sheriff--the powers may be delegated to an officer employed 31
in the sheriff's office or Magistrates Court registry; or 32
23
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
(b) the registrar--the powers may be delegated to an officer 1
employed in the District Court registry or Magistrates Court 2
registry; or 3
(c) the clerk of the court--the powers may be delegated to an officer 4
employed in the Magistrates Court registry.'. 5
2. Section 11(3)-- 6
omit, insert-- 7
`(3) If a court that grants bail on an adjournment of a hearing or while the 8
defendant is awaiting trial considers an investigation ought to be made into 9
the defendant's physical or mental condition, the bail may be made subject 10
to a condition that the defendant undergo medical examination-- 11
(a) by a doctor at a specified institution or place (other than a security 12
patients' hospital under the Mental Health Act 1974); or 13
(b) by a specified doctor. 14
`(3A) However, bail may be made subject to a condition that the 15
defendant undergo a medical examination only if the proposed examination 16
is an examination the defendant could lawfully be required to undergo if the 17
defendant remained in custody. 18
`(3B) If bail is subject to a condition mentioned in subsection (3), the 19
court must arrange for a statement containing the following matters to be 20
given to the institution, place or doctor-- 21
(a) the reasons for the investigation; 22
(b) the information before the court about the defendant's physical or 23
mental condition.'. 24
3. Section 20(1)-- 25
omit `form prescribed by the regulations', insert `approved form'. 26
24
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
4. Sections 20(5)(b) and 21(4)-- 1
omit `prescribed', insert `approved'. 2
5. Section 21(1)(b)-- 3
omit, insert-- 4
`(b) has not been convicted of an indictable offence; and'. 5
6. Section 38-- 6
omit. 7
8
Explanatory note
9
Amendment 1 provides for the delegation of powers by a proper officer to an officer
10
of the public service employed in specified places but only if the officer is a justice.
11
Delegations have become necessary because of the increasing work load of the
12
proper officers, especially in the Brisbane area.
13
Amendment 2 restates an existing provision in a way that makes it easier to
14
understand.
15
Consistent with current drafting practice, amendments 3 and 4 remove the need for
16
forms to be prescribed by regulation.
17
Amendment 5 removes unnecessary words relying on the definition of "indictable
18
offence" in section 36 of the Acts Interpretation Act 1954.
19
Amendment 6 omits a section no longer necessary because of section 20A (Repeal
20
does not end saving, transitional or validating effect etc.) of the Acts Interpretation
21
Act 1954.
BUILDING ACT 1975 22
´
Amendments 23
1. Section 5 (definitions "local authority", "Minister" and "this 24
Act")-- 25
omit. 26
25
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
2. Sections 6 to 12-- 1
omit, insert-- 2
`Standard building by-laws 3
`6.(1) The Governor in Council may make standard building by-laws 4
under this Act. 5
`(2) The standard building by-laws-- 6
(a) apply to all areas; and 7
(b) are to be administered in an area by the local authority for the 8
area; and 9
(c) are a complete code for building work in Queensland. 10
`(3) Subject to section 49H of the Local Government Act 1936 (Control 11
and regulation of swimming pool fencing), a local authority has no power 12
to make a by-law about building work. 13
`(4) A by-law inconsistent with subsection (3)-- 14
(a) is invalid to the extent of the inconsistency; and 15
(b) is taken to have been repealed to the extent of the inconsistency.'. 16
3. After section 75-- 17
insert-- 18
`Savings and transitional 19
`76. The Standard Building By-laws 1991 in force immediately before 20
the commencement of this section continues to have effect after the 21
commencement, and may be repealed or amended, as if it had been made 22
under section 6.'. 23
4. Schedule-- 24
omit. 25
26
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
Explanatory notes
2
Amendment 1 removes unnecessary definitions.
3
Amendments 2 to 4 remove the Standard Building By-laws from the Act and allow it
4
to continue in effect and be amended or repealed by a by-law made by the Governor
5
in Council. The existing provision allows the Act to be amended by order in council.
HILDRENS COURT ACT 1992 6
´C
Amendments 7
1. Section 19-- 8
omit `on a day or'. 9
2. Section 21-- 10
omit, insert-- 11
`Court sitting times 12
`21. Subject to the Rules and the President's directions, proceedings 13
before the Court-- 14
(a) when constituted by a Judge--may be held at any time; or 15
(b) when constituted by a Childrens Court Magistrate, Magistrate or 16
justices--must be held at special times fixed in advance by the 17
proper officer of the Court.'. 18
19
Explanatory notes
20
Amendment 1 removes doubt that the hearing of a matter before the Childrens Court
21
may take place in a room that, on the same day as the hearing but at a different
22
time, is used for the conduct of the business of another court.
23
Amendment 2 inserts a new section 21 giving greater flexibility in the times when
24
the Court may sit. This is necessary to ensure the Court can respond quickly to
25
matters coming before it, particularly in country areas.
27
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
LEAN AIR ACT 1963 1
´C
Amendment 2
1. Schedule (paragraph (4))-- 3
omit. 4
5
Explanatory Note
6
The amendment omits premises, on which a prescribed ozone depleting substance is
7
used in the manufacture of plastic foam, from the list of scheduled premises for
8
which a licence is required.
9
The licensing of plastic foam manufacturing premises is no longer warranted as the
10
use of ozone depleting substances in the manufacture of plastic foam will effectively
11
stop by the end of 1994 while current use has already been greatly reduced.
COMMERCIAL ARBITRATION ACT 1990 12
´
Amendments 13
1. Section 3(1)-- 14
omit. 15
2. Section 59-- 16
omit, insert-- 17
`Regulation making power 18
`59. The Governor in Council may make regulations under this Act.'. 19
20
Explanatory notes
21
Amendment 1 omits an obsolete provision.
22
Amendment 2 implements current drafting practice by providing that the statutory
23
instruments to be used under the Act are regulations.
28
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
COMMUNITY SERVICES (ABORIGINES) ACT 1984 1
´
Amendments 2
1. Section 53A(1)(b)-- 3
omit. 4
2. Section 80-- 5
omit, insert-- 6
`Magistrates Court not to have jurisdiction for certain offences 7
`80.(1) If-- 8
(a) there is an Aboriginal Court for an area; and 9
(b) a regulation provides that a specified offence against a regulation 10
must be started in an Aboriginal Court; 11
a Magistrates Court does not have jurisdiction for the area for the offence. 12
`(2) In a proceeding before a Magistrates Court for an offence, it is a 13
defence to prove that the defendant has already been dealt with by an 14
Aboriginal Court for the offence.'. 15
16
Explanatory notes
17
Amendment 1 removes a reference to a section that was repealed in 1990.
18
Amendment 2 recasts the section in Plain English and omits the provision dealing
19
with who may prosecute. This provision is covered in section 42 (Any person may
20
prosecute etc.) of the Acts Interpretation Act 1954.
29
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
COMMUNITY SERVICES (TORRES STRAIT) ACT 1
´
1984 2
Amendment 3
1. Section 79-- 4
omit, insert-- 5
`Magistrates Court not to have jurisdiction for certain offences 6
`79.(1) If-- 7
(a) there is an Island Court for an area; and 8
(b) a regulation provides that a specified offence against a regulation 9
must be started in an Island Court; 10
a Magistrates Court does not have jurisdiction for the area for the offence. 11
`(2) In a proceeding before a Magistrates Court for an offence, it is a 12
defence to prove the defendant has already been dealt with by an Island 13
Court for the offence.'. 14
15
Explanatory note
16
Amendment 1 recasts the section in Plain English and omits the provision dealing
17
with who may prosecute. This provision is covered in section 42 (Any person may
18
prosecute etc.) of the Acts Interpretation Act 1954.
CRIMINAL LAW (REHABILITATION OF 19
´
OFFENDERS) ACT 1986 20
Amendment 21
1. Section 9A(1) (Table)-- 22
insert-- 23
30
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
`Person employed in the An offence defined in Chapter 22,
department in which the Vocational 32, 33 or 34 of the Criminal Code
Education, Training and or Part 2 of the Drugs Misuse Act
Employment Act 1991 is 1986.
administered as-- An offence of a similar nature
(a) an educational administrator; committed in Queensland or
or elsewhere.
(b) a teacher; or An offence of a sexual nature
whether committed in Queensland
(c) a college educational
or elsewhere.
assistant; or
(d) a member of the
administrative, building or
ground staff at a State college
under the Vocational
Education, Training and
Employment Act 1991.
Person employed at a rural training An offence defined in Chapter 22,
school under the Rural Training 32, 33 or 34 of the Criminal Code
Schools Act 1965 as-- or Part 2 of the Drugs Misuse Act
1986.
(a) an associate director; or
An offence of a similar nature
(b) an instructor; or
committed in Queensland or
(c) a member of the elsewhere.
administrative, building,
An offence of a sexual nature
domestic or ground staff.
whether committed in Queensland
or elsewhere.'.
1
Explanatory notes
2
Amendment 1 extends the applicants who may be required to disclose their criminal
3
histories to include applicants for certain positions at colleges and schools operated
4
under the Vocational Education, Training and Employment Act 1991 and the Rural
5
Training Schools Act 1965. The extension is necessary to ensure a safe and healthy
6
environment for children who use the facilities.
31
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
ISTRICT COURTS ACT 1967 1
´D
Amendments 2
1. Section 26-- 3
omit. 4
2. After section 109-- 5
insert-- 6
`Transitional references to Chairman etc. 7
`110.(1) A reference in another Act to the Chairman of District Courts or 8
a Deputy Chairman of District Courts is, for anything done, or proposed to 9
be done, after 3 June 1993, taken to be a reference to the Chief Judge of 10
District Courts or a Senior Judge of District Courts.'. 11
12
Explanatory notes
13
Amendment 1 removes a redundant provision.
14
Amendment 2 inserts a general reference provision to supplement the amendments of
15
the District Courts Act 1967 made by the Statute Law (Miscellaneous Provisions) Act
16
1993 changing the titles "Chairman" and "Deputy Chairman" to "Chief Judge" and
17
"Senior Judge".
IVIDING FENCES ACT 1953 18
´D
Amendments 19
1. Section 3-- 20
omit. 21
32
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
2. Section 4-- 1
omit, insert-- 2
`Act not to apply to unalienated Crown land 3
`4.(1) This Act does not apply to unalienated Crown land. 4
`(2) However, subsection (1) is subject to-- 5
(a) paragraph (c) of the definition "owner" in section 6; and 6
(b) section 12 (Rights of persons fencing boundaries of certain 7
Crown land); and 8
(c) an express contrary provision of another Act. 9
`(3) None of the following are liable under this Act to join in or 10
contribute to the construction or repair of a dividing fence between 11
unalienated Crown land and other land-- 12
(a) the State; 13
(b) a person or authority-- 14
(i) having the administration, management or control of the 15
Crown land; or 16
(ii) vested with the Crown land.'. 17
3. Section 6 (heading)-- 18
omit, insert-- 19
`Definitions'. 20
4. Section 6(1) (definitions "Adjoining lands", "Magistrates court", 21
"Person", "Prescribed" and "This Act")-- 22
omit. 23
33
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
5. Section 6(1)-- 1
insert-- 2
` "adjoining lands" includes lands separated by a watercourse, lake or 3
other natural or artificial feature insufficient to stop the passage of 4
stock at all times even though the bed and banks of the watercourse, 5
lake or other feature may be Crown property or vested in or under the 6
control of the Primary Industries Corporation or another authority; 7
"common boundary", for adjoining lands separated by a watercourse, lake 8
or other natural or artificial feature insufficient to stop the passage of 9
stock at all times, includes the bed and banks of the watercourse, lake 10
or other feature separating the lands;'. 11
6. Section 6(1) (definition "owner", paragraph (c))-- 12
omit ` "the Land Act 1910" ', insert `the Land Act 1962'. 13
7. Section 6(1) (definition "Registered surveyor")-- 14
omit ` "the Land Surveyor Act 1908" ', 15
insert `the Surveyors Act 1977'. 16
8. Section 6(2) (heading)-- 17
omit. 18
9. Section 8-- 19
omit, insert-- 20
`Service of notice to fence 21
`8.(1) An owner who wants to compel an owner of adjoining land to join 22
in or contribute to the construction of a dividing fence (including the 23
demolition of an existing dividing fence and the erection of a new fence) 24
must serve the owner of the adjoining land with a written notice to fence. 25
34
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
`(2) A notice to fence must-- 1
(a) specify-- 2
(i) the common boundary line to be fenced; or 3
(ii) if only part of the common boundary line is to be 4
fenced--the part to be fenced; or 5
(iii) if it is not proposed to construct the fence on the common 6
boundary line for a reason stated in subsection (3)--the line 7
on which it is proposed to construct the fence; and 8
(b) specify the kind of fence proposed to be constructed; and 9
(c) contain a proposal for the construction of the fence. 10
`(3) If-- 11
(a) it is impracticable to construct a fence wholly on the common 12
boundary line of the adjoining lands because of physical features; 13
or 14
(b) the adjoining lands are separated by a watercourse, lake, or other 15
natural or artificial feature insufficient to stop the passage of stock 16
at all times; 17
the notice to fence may propose to construct the fence on a line other than 18
the common boundary fence.'. 19
10. Section 11(2)-- 20
omit, insert-- 21
`(2) A person who-- 22
(a) constructs a dividing fence under an order to fence; and 23
(b) later locates a person who owned the adjoining land when the 24
dividing fence was constructed (the "owner"); and 25
(c) wants the owner to contribute to the construction cost; 26
must serve the owner with a copy of the order to fence (the "copy order"). 27
`(2A) One month after the day of service of the copy order on the owner, 28
35
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
the person who constructed the dividing fence may recover from the 1
owner-- 2
(a) if the copy order is served within 1 year of the day when the 3
construction was completed--50% of the original cost of the 4
fence; or 5
(b) if the copy order is served after the time mentioned in 6
paragraph (a) but during the life of the fence--the amount that is 7
lesser of-- 8
(i) 50% of the value of the fence on the day the copy order was 9
served; and 10
(ii) 50% of the original cost of the fence.'. 11
11. Section 16(1)-- 12
omit, insert-- 13
`16.(1) An owner, of land separated from adjoining land by an existing 14
dividing fence, who wants to compel an owner of the adjoining land to 15
assist in repairing the fence must serve the adjoining owner with a written 16
notice to assist in repairing the fence (a "notice to repair").'. 17
12. Section 24-- 18
omit, insert-- 19
`Regulation making power 20
`24. The Governor in Council may make regulations under this Act.'. 21
22
Explanatory Notes
23
Amendments 1 to 8 and 12 bring about statute law revision by omitting redundant
24
references and provisions, updating references and recasting provisions in accordance
25
with current drafting practices.
26
Amendment 9 makes it clear that a person who wants to compel an owner of
27
adjoining land to contribute to the construction of a dividing fence must serve the
28
adjoining owner with a notice to fence.
36
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
Amendment 10 reflects amendment 9 in situations where the court makes an order to
2
fence in the absence of an adjoining owner who cannot be found and the adjoining
3
owner is later found. A copy of the order to fence must be served on the adjoining
4
owner.
5
Amendment 11 reflects amendment 9 by requiring that a notice to repair an existing
6
fence must be served on an adjoining owner.
7
In amendments 9 to 11 the opportunity has also been taken to recast the provisions in
8
accordance with current drafting practice.
OMESTIC VIOLENCE (FAMILY PROTECTION) 9
´D
ACT 1989 10
Amendments 11
1. Section 16(1)-- 12
omit `section 15', insert `section 14'. 13
2. Section 67-- 14
omit, insert-- 15
`Police action re domestic violence 16
`67.(1) If a police officer reasonably suspects a person is an aggrieved 17
spouse, it is the duty of the officer to investigate or cause to be investigated 18
the complaint, report, or circumstance on which the officer's reasonable 19
suspicion is based, until the officer is satisfied the suspicion is unfounded. 20
`(2) If, after the investigation, the officer reasonably believes-- 21
(a) the person is an aggrieved spouse; and 22
(b) there is sufficient reason for the officer to take action; 23
the officer may-- 24
(c) apply for a protection order against the spouse of the aggrieved 25
spouse; and 26
37
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
(d) take other action that the officer is required or authorised to take 1
by this Act.'. 2
3. Section 68(2)-- 3
omit `address of the peron', insert `address of the person'. 4
4. Section 68(3) to (7)-- 5
omit, insert-- 6
`(3) If the person does not state a name and address, the police officer-- 7
(a) may require the person to state the person's name and address; 8
and 9
(b) must warn the person that failure to provide a correct name and 10
address is an offence under this Act. 11
`(4) If the police officer believes on reasonable grounds the name or 12
address given by the person is false, the officer-- 13
(a) may again require the person to state the person's name and 14
address; and 15
(b) may require evidence of the correctness of the name and address; 16
and 17
(c) must warn the person that failure to provide a correct name and 18
address is an offence under this Act. 19
`(5) A person who is required under subsection (3) or (4) to state the 20
person's name and address must not fail to comply with the requirement, 21
unless the person has a reasonable excuse for not complying with it. 22
Maximum penalty--10 penalty units. 23
`(6) A person who is required under subsection (4)(b) to give evidence 24
of the correctness of the name or address must not-- 25
(a) fail to give the evidence unless the person has a reasonable excuse 26
for not giving the evidence; or 27
(b) give false evidence. 28
38
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
Maximum penalty--10 penalty units.'. 1
5. Section 68(8)-- 2
omit `(6) or (7)', insert `(5) or (6)'. 3
6. Section 68(8) to (10)-- 4
renumber as (7) to (9). 5
7. Section 69(1)-- 6
omit `or associated domestic violence'. 7
8. Section 75(2)-- 8
omit `section 69(3)', insert `section 70(1)'. 9
9. Section 76(2)-- 10
omit `Subject to subsection (2), section', insert `Section'. 11
10. Section 80(4)-- 12
omit `section 69(4)', insert `section 71(3)(d)'. 13
11. Section 82(1) (penalty--paragraphs (a) and (b))-- 14
omit, insert `40 penalty units or imprisonment for 1 year.'. 15
16
Explanatory notes
17
Amendments 1 and 10 correct cross references.
18
Amendment 2 recasts the section in accordance with current drafting practice.
19
Amendment 3 corrects a minor error.
39
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
Amendment 4 recasts the subsections to clarify the powers of a police officer to ask
2
a person to state the person's name and address and to require evidence of the
3
correctness of the name and address given. The obligations on the person to whom
4
the requirement is made are also clarified.
5
Amendments 5 and 6 are renumbering amendments consequential to amendment 4.
6
Amendment 7 corrects a minor error.
7
Section 69 basically allows a police officer who suspects there has been an act of
8
domestic violence to take a spouse into custody until a protection order is made. The
9
section currently also allows arrest if a police officer suspects there has been an act
10
of associated violence. Amendment 7 omits the unintended inclusion of associated
11
domestic violence.
12
Amendment 11 brings about statute law revision because, under section 181B of the
13
Penalties and Sentences Act 1992, the maximum fine for corporations is 5 times the
14
maximum fine for individuals.
LECTRICITY ACT 1976 15
´E
Amendments 16
1. Schedule 5 (clauses 12(1) and 12(2)(a))-- 17
omit `Local Government Superannuation Act 1964-1974', 18
insert `Local Government Superannuation Act 1985'. 19
2. Schedule 5 (clause 12(1), from `within the time' to `authorized,')-- 20
omit. 21
3. Schedule 5 (clause 12)-- 22
insert-- 23
`(1A) The election must be made as required by the Articles. 24
`(1B) An employee who elects to contribute to the Scheme may not 25
continue to contribute for a benefit or to a fund mentioned in 26
subclause (1).'. 27
40
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
4. Schedule 5 (clause 12(2))-- 1
omit `Order in Council', insert `regulation'. 2
3
Explanatory note
4
Amendment 1 updates a reference.
5
Amendments 2 and 3
6
The Act provides for a superannuation scheme for employees in the electricity supply
7
industry. The scheme commenced on 28 July 1980. The scheme is governed by
8
Articles made by the Governor in Council under section 371 of the Act.
9
When the scheme commenced, employees who were contributing to certain local
10
government superannuation funds were given the opportunity to elect, within a
11
specified time, to contribute to the newer scheme. Some of these employees did not
12
elect to do so but continued to contribute to the original funds.
13
The amendments enable the Governor in Council to provide, in the Articles, for
14
further opportunities for the employees to contribute to the newer scheme.
15
Amendment 4 is consistent with current legislative drafting practice to use
16
regulations rather than orders in council.
VIDENCE ACT 1977 17
´E
Amendments 18
1. Section 34-- 19
omit. 20
2. Section 42(1)(a)-- 21
omit `order in council', insert `regulation'. 22
3. Section 43-- 23
omit, insert-- 24
41
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
`Acts and some statutory instruments to be judicially noticed 1
`43. All courts must take judicial notice of the following-- 2
(a) every Act; 3
(b) every statutory instrument made or purporting to be made by the 4
Governor or the Governor in Council; 5
(c) the day on which every Act or statutory instrument and every 6
provision of every Act or statutory instrument mentioned in 7
paragraph (b) commenced.'. 8
4. Section 57-- 9
omit, insert-- 10
`Proof of lease or licence 11
`57.(1) This section applies to an instrument of lease or licence issued or 12
continued in force and held under any of the following Acts-- 13
· Coal Mining Act 1925; 14
· Land Act 1962; 15
· Mineral Resources Act 1989; 16
· Miners' Homestead Leases Act 1913; 17
· State Housing Act 1945. 18
`(2) An instrument may be proved by the production of a document 19
purporting to be a copy of the instrument certified by the chief executive of 20
the issuing department. 21
`(3) In this section-- 22
"issuing department", for an instrument of a lease or licence, means the 23
department dealing with matters about the provisions of the Act under 24
which the lease or licence was issued or continued in force and held.'. 25
42
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
5. Section 58(b)-- 1
omit, insert-- 2
`(b) to be certified by the chief executive of the department dealing 3
with matters under the Constitution Act 1867;'. 4
6. Section 104 (definition "Minister")-- 5
omit. 6
7. Section 129-- 7
omit, insert-- 8
`Part 5 of Libraries and Archives Act 1988 not affected 9
`129. This Act does not affect Part 5 of the Libraries and Archives 10
Act 1988.'. 11
8. Section 135-- 12
omit, insert-- 13
`Regulation making power 14
`135.(1) The Governor in Council may make regulations under this Act. 15
`(2) A regulation may be made about-- 16
(a) fees to be charged under this Act; or 17
(b) the payment of fees and expenses for, or incurred in, taking 18
evidence under Division 2 of Part 3.'. 19
20
Explanatory notes
21
Amendment 1 omits a redundant regulation making provision remade as section 135.
22
Amendment 2 implements current drafting practice by providing that the statutory
23
instruments to be used under section 42(1) are regulations.
24
Amendments 3 to 8 recast the provisions in accordance with current drafting practice
25
as well as updating references where necessary.
43
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
FRIENDLY SOCIETIES ACT 1991 1
´
Amendment 2
1. Section 10.4-- 3
omit, insert-- 4
`Disposal of surplus on winding-up 5
`10.4(1) A friendly society (the "nominating society") may, by special 6
resolution, nominate-- 7
(a) 1 or more bodies to receive all or part of any surplus on the 8
winding-up of the nominating society; and 9
(b) the way any surplus must be distributed, for example, by 10
specifying the proportions or amounts to be transferred to a 11
nominated body. 12
`(2) If another friendly society is nominated, any surplus must be 13
transferred to it as required by the special resolution. 14
`(3) If-- 15
(a) a body that is not a friendly society is nominated; and 16
(b) the Registrar considers the body-- 17
(i) has similar objects to the nominating society's objects; or 18
(ii) provides services or benefits for the community in which the 19
nominating society operated; 20
any surplus must be transferred to the body as required by the special 21
resolution. 22
`(4) To the extent that any surplus is not transferred under 23
subsections (2) and (3), it must be transferred as directed by the Registrar 24
to-- 25
(a) a friendly society; or 26
(b) a body that is not a friendly society and that the Registrar 27
considers-- 28
44
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
(i) has similar objects to the nominating society's objects; or 1
(ii) provides services or benefits for the community in which the 2
nominating society operated. 3
`(5) The Registrar's direction must be gazetted.'. 4
5
Explanatory note
6
This amendment allows greater flexibility in the way any surplus on the winding-up
7
of a friendly society may be distributed.
HARBOURS ACT 1955 8
´
Amendment 9
1. After section 210-- 10
insert-- 11
`Declaration about Harbours Order 1992 12
`211.(1) In this section-- 13
"order" means the Harbours Order 1992. 14
`(2) It is declared that from 27 November 1992 until 16 July 1993-- 15
(a) the references to Part A in sections 3(1), 4, 5(1) and 6(1) of the 16
order are taken to be references to Part 1; and 17
(b) the references to Part B in sections 3(2), 5(2) and 6(2) of the 18
order are taken to be references to Part 2; and 19
(c) the order had effect accordingly. 20
`(3) This section expires at the end of the day that it commences.'. 21
22
Explanatory note
23
The order contained incorrect internal references. This amendment makes certain the
24
effect of the order from the day when the order commenced until the day it was
25
amended by a further order.
45
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
INDUSTRIAL RELATIONS ACT 1990 1
´
Amendments 2
1. Section 2(4)-- 3
omit. 4
2. Section 4(3) to (5)-- 5
renumber as section 4(5) to (7). 6
3. Section 4(1) and (2)-- 7
omit, insert-- 8
`(1) A person may be exempted from the application of a provision of 9
this Act by regulation. 10
`(2) The exemption may be subject to a condition specified by regulation. 11
`(3) If a person's exemption is subject to a condition, the exemption 12
applies only while the person complies with the condition. 13
`(4) If-- 14
(a) an exemption applies to a person; and 15
(b) a decision purports to apply to the person for something covered 16
by the exemption; 17
the decision is inoperative to that extent.'. 18
4. Section 5(1) (definitions "apprentice" and "trainee")-- 19
omit, insert-- 20
` "apprentice" means an apprentice within the meaning of section 1.4 of 21
the Vocational Education, Training and Employment Act 1991; 22
"trainee" means a trainee within the meaning of section 1.4 of the 23
Vocational Education, Training and Employment Act 1991;'. 24
46
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
5. Section 5(1) (definition "President")-- 1
omit `and includes any person for the time being acting as President'. 2
6. Sections 5(1) (definition "young employee"), 13(4) and 153(2)(a)-- 3
omit `Employment, Vocational Education and Training Act 1988', 4
insert `Vocational Education, Training and Employment Act 1991'. 5
7. Section 7-- 6
omit. 7
8. Section 29(1) (definitions "1958 Act" and "1972 Act")-- 8
omit, insert-- 9
` "1958 Act" means the Public Service Superannuation Act 1958; 10
"1972 Act" means the State Service Superannuation Act 1972;'. 11
9. Section 29(2)-- 12
omit, insert-- 13
`(2) The Judges (Pensions and Long Leave) Act 1957, other than 14
sections 2A and 15, (the "applied Act") applies with all necessary changes 15
to an Industrial Commissioner and an Industrial Commissioner's spouse or 16
child in the same way as it applies to a Judge and a Judge's spouse or child. 17
`(2A) In applying the applied Act, it must be interpreted as if `Judge' had 18
been replaced with `Industrial Commissioner within the meaning of the 19
Industrial Relations Act 1990' wherever possible (other than in 20
section 2(1), definition "Judge").'. 21
47
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
10. Section 29(4)-- 1
omit `any relict or child of a Commissioner', 2
insert `a Commissioner's spouse or child'. 3
11. Section 29(6)(b)-- 4
omit `relict', insert `spouse'. 5
12. Section 30(1)-- 6
omit, insert-- 7
`30.(1) Section 15 (the "applied section") of the Judges (Pensions and 8
Long Leave) Act 1957 applies with all necessary changes to an Industrial 9
Commissioner in the same way as it applies to a Judge. 10
`(1A) In applying the applied section, it must be interpreted as if `Judge' 11
had been replaced with `Industrial Commissioner within the meaning of the 12
Industrial Relations Act 1990' wherever possible.'. 13
13. Sections 53(3), 66(1) and 359(6)-- 14
omit `(or that Act as amended and in force for the time being)'. 15
14. Section 93(2) and (3)-- 16
omit, insert-- 17
`(2) A rule made under subsection (1) is subordinate legislation.'. 18
15. Section 150(3)(a)-- 19
omit `the Employment, Vocational Education and Training Act 1988 or 20
any Act repealed by that Act', 21
insert `the Vocational Education, Training and Employment Act 1991, 22
the Employment, Vocational Education and Training Act 1988 (the "1988 23
Act") or any Act repealed by the 1988 Act'. 24
48
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
16. Sections 151(3) and 160(2)-- 1
omit `, and a derivative of the term has a corresponding meaning'. 2
17. Section 152(8)-- 3
omit `as amended and in force for the time being'. 4
18. Section 157(2)-- 5
omit `as amended and in force at the time of such approval'. 6
19. Section 163-- 7
omit, insert-- 8
`Service in Defence Force 9
`163.(1) In this section-- 10
"Defence Force" means the Australian Defence Force; 11
"permanent forces" has the meaning given by section 4(1) of the Defence 12
Act 1903 (Commonwealth); 13
"service", as a member of the Defence Force, means service in the Defence 14
Force other than in the permanent forces. 15
`(2) In calculating an employee's entitlement to long service leave under 16
this Division, service by that person as a member of the Defence Force is 17
taken to be continuous service by the person with the employer by whom 18
the person was employed immediately before the person began service with 19
the Force.'. 20
20. Section 170-- 21
omit, insert-- 22
`Long service leave for other seasonal workers 23
`170.(1) The Governor in Council may, by regulation, declare that the 24
provisions of-- 25
49
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
(a) sections 159 to 168; and 1
(b) section 169(2) and (3); 2
or those provisions as modified or affected by the regulation, apply to 3
employees of a description specified in the regulation in any calling whose 4
employment with the same employer-- 5
(c) is seasonal or of another periodic nature; and 6
(d) is not defined as casual by the award, industrial agreement or 7
certified agreement concerned. 8
`(2) A regulation under subsection (1) may do any of the following-- 9
(a) may specify employees by reference to callings, duties, 10
employers, places of employment or in any other way sufficient 11
to identify them; 12
(b) may modify or affect the provisions of this Division declared by 13
the regulation for the purpose of its application to employees for 14
whom the provisions are declared by a regulation under the 15
subsection to apply; 16
(c) may define terms for the purpose of the application of the 17
provisions of this Division as declared by a regulation under the 18
subsection.'. 19
21. Section 172(1)-- 20
omit `as amended and in force for the time being,'. 21
22. Section 381(1)-- 22
omit, insert-- 23
`Regulation making power 24
`381.(1) The Governor in Council may make regulations under this Act. 25
`(2) A regulation may be made-- 26
(a) creating an offence against a regulation; and 27
50
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
(b) fixing a penalty for an offence against a regulation (including 1
different penalties for successive offences against a regulation) of 2
not more than a fine of 20 penalty units.'. 3
23. Section 382-- 4
omit. 5
24. Section 436-- 6
omit, insert-- 7
`Offences re ballot papers and other records 8
`436. A person who contravenes section 226 commits an offence against 9
this Act. 10
Maximum penalty--40 penalty units.'. 11
25. Section 459(4)-- 12
omit `or under section 136 of the Industrial Conciliation and Arbitration 13
Act 1961'. 14
26. Section 475(1)(g)-- 15
omit `Queensland Employment, Vocational Education and Training 16
Board constituted under the Employment, Vocational Education and 17
Training Act 1988', 18
insert `Vocational Education, Training and Employment Commission 19
constituted under the Vocational Education, Training and Employment 20
Act 1991'. 21
27. Section 483-- 22
omit. 23
51
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
28. Part 22-- 1
omit. 2
3
Explanatory notes
4
Amendments 1, 4 to 19, and 21 to 28, bring about statute law revision by omitting
5
redundant references and provisions, updating references and recasting provisions in
6
accordance with current drafting practice.
7
Amendment 2 is a renumbering amendment consequential on amendment 3.
8
Amendments 3 and 20 put into effect current drafting practice by providing that the
9
statutory instruments to be used under the relevant provisions are regulations.
JUDGES (SALARIES AND ALLOWANCES) ACT 1967 10
´
Amendments 11
1. Sections 3 and 12(1)(b)-- 12
omit `Chairperson, and a Deputy Chairperson,', 13
insert `Chief Judge and a Senior Judge'. 14
2. Section 12(4)-- 15
omit, insert-- 16
`(4) A determination made by the Tribunal is-- 17
(a) subordinate legislation; and 18
(b) an exempt instrument under the Legislative Standards Act 1992.'. 19
3. Section 12(5)-- 20
omit, insert-- 21
`(5) When the determination is tabled in the Legislative Assembly under 22
section 43 of the Statutory Instruments Act 1992, a copy of the report must 23
also be tabled in the Legislative Assembly.'. 24
52
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
Explanatory notes
2
Amendment 1 is consequential on amendments to the District Courts Act 1967 made
3
by the Statute Law (Miscellaneous Provisions) Act 1993 replacing the titles `Chairman
4
of District Courts' and `Deputy Chairman' with `Chief Judge' and `Senior Judge'.
5
Amendment 2 declares a determination of the Salaries and Allowances Tribunal to
6
be an exempt instrument under the Legislative Standards Act 1992. The consequence
7
of this is that the determination will not have to be drafted by the Office of the
8
Queensland Parliamentary Counsel.
9
Amendment 3 specifies the provision that requires the tabling of subordinate
10
legislation and brings existing section 12(5) of the Act into line with the tabling
11
provision of the Statutory Instruments Act 1992 (section 43).
JUPITERS CASINO AGREEMENT ACT 1983 12
´
Amendment 13
1. Section 5 (Orders in Council)-- 14
omit. 15
16
Commencement
17
Amendment 1 is taken to have commenced on 3 June 1993.
18
Explanatory note
19
Amendment 1 corrects a minor drafting error made when the Act was amended on 3
20
June 1993.
JUSTICES OF THE PEACE AND COMMISSIONERS 21
´
FOR DECLARATIONS ACT 1991 22
Amendments 23
1. Section 1.02(3)-- 24
omit. 25
53
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
2. Section 1.04 (definitions "registrar" and "repealed Act")-- 1
omit. 2
3. Section 1.04-- 3
insert-- 4
` "affidavit" includes a statutory declaration; 5
"criminal history" of a person-- 6
(a) means the person's criminal history within the meaning of the 7
Criminal Law (Rehabilitation of Offenders) Act 1986; and 8
(b) despite section 6 of the Criminal Law (Rehabilitation of 9
Offenders) Act 1986, includes a conviction to which the section 10
applies; 11
"registrar" means the registrar of justices of the peace and commissioners 12
for declarations; 13
"repealed Act" means the Justices of the Peace Act 1975;'. 14
4. Section 2.02(1)(b) to (e)-- 15
omit, insert-- 16
`(b) 1 is to be an officer of the public service in the department in 17
which the Education (General Provisions) Act 1989 is 18
administered; 19
`(c) 1 is to be an officer of the public service in the department in 20
which the Domestic Violence (Family Protection) Act 1989 is 21
administered; 22
`(d) 1 is to be an officer of the public service in the department in 23
which the Police Service Administration Act 1990 is 24
administered; 25
`(e) 1 is to be an officer of the public service in the department in 26
which the Fair Trading Act 1989 is administered;'. 27
54
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
5. Section 2.02(2)-- 1
omit. 2
6. Section 2.04-- 3
omit `but if otherwise qualified is eligible for reappointment'. 4
7. Section 2.05(b)-- 5
omit from `or is convicted elsewhere' to `offence'. 6
8. Section 2.06(3)-- 7
omit. 8
9. Section 3.03(b)-- 9
omit from `or is convicted elsewhere' to `offence'. 10
10. Section 3.14(1)-- 11
insert-- 12
`(1A) The powers of a justice of the peace mentioned in section 3.04(1) 13
include, but are not limited to, all the powers specifically conferred under 14
any Act or law on a justice of the peace (qualified) or justice of the peace 15
(magistrates court).'. 16
11. Section 3.14(2) and (3)-- 17
omit `any proceedings', insert `a proceeding,'. 18
12. Section 3.14-- 19
insert-- 20
`(8) If justices of the peace generally are authorised under an Act or law 21
55
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
to do an act mentioned in subsection (7)(b)-- 1
(a) a commissioner for declarations may also do the act; and 2
(b) the Act or law applies to the commissioner for declarations as if 3
the commissioner for declarations were a justice of the peace; 4
unless the operation of this subsection is expressly excluded.'. 5
13. After section 4.01-- 6
insert-- 7
`Inquiries about person's appropriateness to hold office 8
`4.01A(1) The chief executive may make inquiries about a person to 9
assist in deciding whether the person is an appropriate person to hold office 10
under this Act. 11
`(2) If requested by the chief executive, the Commissioner of the Police 12
Service must give the chief executive a written report about the person's 13
criminal history. 14
`(3) Subsection (2) applies to the criminal history-- 15
(a) that is in the Commissioner's possession; or 16
(b) to which the Commissioner ordinarily has access through 17
arrangements with the police service of the Commonwealth, 18
another State or Territory. 19
`(4) The report may only be used for the purposes of this Act.'. 20
14. Section 4.08(1)-- 21
omit, insert-- 22
`4.08(1) The Governor in Council may make regulations under this 23
Act.'. 24
56
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
15. Section 4.08(2) (all words to `with respect to')-- 1
omit, insert-- 2
`(2) A regulation may be made about'. 3
16. Section 6.06-- 4
omit, insert-- 5
`Numbering and renumbering of Act 6
`6.06 In the next reprint of the Act produced under the Reprints 7
Act 1992, section 43 (Numbering and renumbering of provisions) of that 8
Act must be used. 9
`Validation of previous acts of commissioners for declarations 10
`6.07(1) To remove any doubt, it is declared that the taking or attesting 11
by a commissioner for declarations before the commencement of 12
section 3.14(8) of any affidavit, instrument or document was as valid and 13
effectual as if it had been done after the commencement. 14
`(2) This section expires at the end of the day it commences.'. 15
16
Explanatory note
17
Amendments 1 to 3 and 6 to 9 omit matter that is redundant (mainly because of
18
subsequent amendments of the Acts Interpretation Act 1954).
19
Amendment 3 also inserts 2 new definitions. The definition of affidavit puts beyond
20
doubt the power of commissioners for declarations to take statutory declarations (see
21
section 3.14(7)(b)). The definition of criminal history is required for proposed
22
section 4.01A.
23
Amendment 4 removes unnecessary administrative arrangements requiring particular
24
ministers to nominate members of the Justice of the Peace Council.
25
Amendment 5 is a consequential on amendment 4.
26
Amendment 10 makes it clear Judges and Magistrates (who are justices under
27
section 3.04(1)) have all the powers specifically conferred on justices of the peace
28
(qualified) and justices of the peace (magistrates court).
57
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
Amendment 11 makes a minor change to drafting style.
2
Amendment 12 makes it clear commissioners for declarations may attest or take
3
affidavits and other documents even if only justices of the peace are mentioned in
4
the authorising legislation, unless it is clear there was some particular reason for
5
excluding commissioners for declarations from this function, which ordinarily is part
6
of their duties (some older Acts in particular may not mention commissioners for
7
declarations).
8
Amendment 13 inserts a new section 4.01A. The proposed section enables inquiries
9
to be made about a person's appropriateness to hold an office under the Act,
10
including any criminal history. Proposed subsection (4) is a privacy safeguard. It
11
limits the use of a report about a person's criminal history.
12
Amendments 14 and 15 recast section 4.08 in accordance with the current drafting
13
practice for regulation making powers.
14
Amendment 16 inserts a provision to require the numbering of the Act under the
15
Reprints Act 1992.
16
Amendment 16 also ensures that no doubt can arise over acts of commissioners for
17
declarations before the commencement of section 3.14(8).
UVENILE JUSTICE ACT 1992 18
´J
Amendments 19
1. Section 5 (definition "proper officer")-- 20
omit, insert-- 21
` "proper officer" means-- 22
(a) for the Supreme Court, a District Court or a Childrens Court 23
Judge--the registrar or a sheriff, deputy sheriff or under sheriff 24
of the court; and 25
(b) for a Magistrates Court or a Childrens Court Magistrate--the 26
clerk of the court;'. 27
2. Section 6-- 28
insert-- 29
58
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
`(6) To avoid any doubt, it is declared subsections (2) to (5) only apply to 1
a person mentioned in subsection (1) who is sentenced after the 2
commencement of the regulation mentioned in the subsection.'. 3
3. After section 9-- 4
insert-- 5
`Delegation of powers by proper officer 6
`9A.(1) A proper officer may delegate the proper officer's powers under 7
this Act to an officer of the public service (an "officer") mentioned in 8
subsection (2) if the officer is a justice. 9
`(2) If the proper officer is-- 10
(a) the registrar, sheriff, deputy sheriff or under sheriff--the powers 11
may be delegated to an officer employed in the registry of the 12
Court concerned; or 13
(b) the clerk of the court--the powers may be delegated to an officer 14
employed in the registry of the Court concerned.'. 15
4. Section 18(2)-- 16
omit, insert-- 17
`(2) Subsection (1) does not prevent the information being given to the 18
following persons-- 19
(a) a parent of the child; 20
(b) a person who will be involved in the administration of the 21
caution; 22
(c) an investigator under the Liquor Act 1992 dealing with a child 23
offender; 24
(d) a member of a police service of the Commonwealth or another 25
State or a Territory dealing with a child offender; 26
(e) a person who is undertaking research approved by the 27
Commissioner; 28
59
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
(f) the chief executive; 1
(g) a legal practitioner acting for the child; 2
(h) a court, or legal practitioner acting for a party, in a proceeding in 3
which the giving of the caution is relevant to a fact in issue.'. 4
5
Explanatory notes
6
Amendment 1 extends the definition of "proper officer" to include the proper officer
7
for a Childrens Court Judge.
8
Amendment 3 allows for a delegation of powers by a proper officer to an officer of
9
the public service employed in specified places but only if the officer is a justice.
10
Delegations have become necessary because of the increasing work load of the
11
proper officers, especially in the Brisbane area.
12
Amendment 2 avoids doubt about the application of subsections (2) to (5) to a
13
person mentioned in section 6(1).
14
Amendment 4 changes an unintentioned consequence in the operation of section 18.
15
Under the existing section a member of the Police Service may not give details of a
16
caution that is to be, or has been, administered to a child, to other policing
17
organisations. Proposed subsection (2)(c) and (d) are new and extend the list of
18
persons to whom information about the caution may be given.
LIBRARIES AND ARCHIVES ACT 1988 19
´
Amendment 20
1. Schedule-- 21
omit `The Chairman of the District Court', 22
insert `The Chief Judge of District Courts'. 23
24
Explanatory note
25
Amendment 1 is consequential on amendments to the District Courts Act 1967 made
26
by the Statute Law (Miscellaneous Provisions) Act 1993 replacing the title `Chairman
27
of District Courts' with `Chief Judge of District Courts'.
60
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
OCAL GOVERNMENT SUPERANNUATION ACT 1
´L
1985 2
Amendment 3
1. Section 33-- 4
omit, insert-- 5
`Management of schemes or funds 6
`33.(1) The Board may arrange with an entity for it to-- 7
(a) manage, for the Board, the Scheme or any other superannuation 8
scheme of which the Board acts as trustee; or 9
(b) invest, for the Board, money from the Fund or any other money 10
vested in or controlled by the Board. 11
`(2) The Board may only act under subsection (1) with the approval of 12
the Governor in Council.'. 13
14
Explanatory note
15
The Board is trustee of the superannuation scheme established and maintained under
16
the Act. Section 33 of the Act allows the Board to arrange for other bodies to manage
17
the Scheme or invest funds for the Board.
18
Under section 33B of the Act, the Board may also act as trustee of other
19
superannuation schemes. The amendment expands the scope of section 33 so that it
20
also applies to any such other schemes.
MOUNT ISA MINES LIMITED AGREEMENT ACT 21
´
1985 22
Amendments 23
1. Section 3-- 24
omit, insert-- 25
61
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
`Variation of formal agreement by agreement 1
`3.(1) The formal agreement may be varied by a further agreement 2
between the Minister and Mount Isa Mines Limited. 3
`(2) The Minister may make a further agreement only if the proposed 4
further agreement has been approved by regulation. 5
`(3) The Minister must notify the date of the making of the further 6
agreement by Gazette notice.'. 7
2. Section 5-- 8
omit. 9
3. After section 6-- 10
insert-- 11
`Regulation making power 12
`7.(1) The Governor in Council may make regulations under this Act. 13
`(2) For the purposes of subsection (1), a mention in the formal 14
agreement of an order in council is taken to be a mention of a regulation.'. 15
16
Explanatory note
17
Amendments 1 to 3 implement current drafting practice by providing for variations of
18
the formal agreement to be made by regulation rather than by order in council.
PAWNBROKERS ACT 1984 19
´
Amendment 20
1. Section 66(1)(h)-- 21
omit `$400', insert `8 penalty units'. 22
62
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
Explanatory note
2
This amendment amends a provision about the maximum amount of a penalty that
3
may be prescribed by a regulation. The amendment updates the monetary reference
4
to the equivalent number of penalty units at the time the provision was enacted.
PENALTIES AND SENTENCES ACT 1992 5
´
Amendments 6
1. After section 8-- 7
insert-- 8
`Delegation of powers by proper officer 9
`8A.(1) A proper officer may delegate the proper officer's powers under 10
this Act to an officer of the public service (an "officer") mentioned in 11
subsection (2) if the officer is a justice. 12
`(2) If the proper officer is-- 13
(a) the sheriff--the powers may be delegated to an officer employed 14
in the sheriff's office or Magistrates Court registry; or 15
(b) the registrar--the powers may be delegated to an officer 16
employed in the District Court registry or Magistrates Court 17
registry; or 18
(c) the clerk of the court--the powers may be delegated to an officer 19
employed in the Magistrates Court registry.'. 20
2. Section 49(1) (after `guilty')-- 21
insert `(including being found guilty on a plea of guilty)'. 22
3. Section 56 (heading)-- 23
omit, insert-- 24
`Notice to offender of right to apply for fine option order'. 25
63
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
4. Section 56(1)(b)-- 1
insert-- 2
`(iii) under section 56A.'. 3
5. Section 56(3) and (4)-- 4
omit. 5
6. After section 56-- 6
insert-- 7
`Offender may apply to proper officer for fine option order 8
`56A.(1) If a court makes an original order for an offender, the offender 9
may apply to the proper officer of the court for a fine option order. 10
`(2) The application must-- 11
(a) be in the approved form; and 12
(b) state the relevant particulars, having regard to the matters of 13
which the proper officer must be satisfied under section 57(1); 14
and 15
(c) be signed by the applicant. 16
`(3) The application may be made even after a warrant of commitment 17
has been issued or executed on the original order. 18
`(4) However-- 19
(a) the offender cannot make the application under this section if the 20
offender has an application under section 53 or 55; and 21
(b) the application under this section lapses if the offender makes an 22
application to the court under section 53 or 55. 23
`(5) Also, if the court decides an application under section 53 or 55, the 24
proper officer cannot afterwards consider an application under this section 25
unless permitted by section 58.'. 26
64
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
7. Section 89-- 1
omit `section 88', insert `section 88(1)(a) to (d)'. 2
8. Section 156(1)-- 3
omit `the offender is serving', 4
insert `the offender is serving, or has been sentenced to serve'. 5
9. Section 181 (heading)-- 6
omit, insert-- 7
`Corporations entitled to aggrieved party payments'. 8
10. Section 181(2)-- 9
insert as a heading-- 10
`Corporations to be fined if imprisonment is the only penalty'. 11
11. Section 181(2)-- 12
omit `subsection (3)', insert `subsection (2)'. 13
12. Section 181(3)-- 14
omit `subsection (2)', insert `subsection (1)'. 15
13. Section 181(6)-- 16
omit `Subsection (2)', insert `Subsection (1)'. 17
14. Section 181(6)-- 18
omit `subsection (2)(a)', insert `subsection (1)(a)'. 19
65
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
15. Section 181(4), (5) and (7)-- 1
omit. 2
16. Section 181(2), (3) and (6) (as amended)-- 3
renumber as section 181A (1), (2) and (3). 4
17. After section 181A-- 5
insert-- 6
`Corporation fines under penalty provision 7
`181B.(1) This section applies to a provision prescribing a maximum 8
fine for an offence only if the provision does not expressly prescribe a 9
maximum fine for a body corporate different from the maximum fine for 10
an individual. 11
`(2) The maximum fine is taken only to be the maximum fine for an 12
individual. 13
`(3) If a body corporate is found guilty of the offence, the court may 14
impose a maximum fine of an amount equal to 5 times the maximum fine 15
for an individual. 16
`Corporation fines under provision authorising subordinate 17
legislation 18
`181C.(1) This section applies to a provision of an Act prescribing the 19
maximum fine for an offence that may be imposed under subordinate 20
legislation under the Act only if the provision does not expressly prescribe a 21
maximum fine for a body corporate different from the maximum fine for 22
an individual. 23
`(2) The maximum fine is taken only to be the maximum fine for an 24
individual that may be imposed under the subordinate legislation. 25
`(3) The maximum fine for a corporation that may be imposed under the 26
subordinate legislation is taken to be 5 times the maximum fine for an 27
individual.'. 28
66
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
18. Section 185A(2)-- 1
omit, insert-- 2
`(2) If a court orders an offender to be imprisoned under section 184, the 3
proper officer of the court must issue a warrant of commitment for the 4
imprisonment.'. 5
6
Explanatory notes
7
Amendment 1 provides for the delegation of powers by a proper officer to an officer
8
of the public service employed in specified places but only if the officer is a justice.
9
Delegations have become necessary because of the increasing work load of the
10
proper officers, especially in the Brisbane area.
11
Amendment 2 has been made to avoid doubt about whether the section applies if the
12
court has accepted a plea of guilty to 2 or more offences. It might be argued that the
13
section only applies if the offender has been "found guilty" which implies that "not
14
guilty" pleas have been entered.
15
Amendments 3 to 6 clarify the right of an offender to apply for a fine options order to
16
the proper officer of the court. At the moment this depends on the proper officer
17
sending out a formal warning to the offender to make the application. The
18
amendments clarify that, subject to rules preserving the precedence for the court's
19
decisions, an application can be made at any time.
20
Amendment 7 makes it clear the original order for which a fine option order was
21
made (so far as the original order requires the payment of a fine) is terminated only
22
in the circumstances mentioned in section 88(1)(a) to (d). It is evident paragraph (d)
23
should have been excluded when regard is had to sections 74(4)(b) and 79.
24
Amendment 8 removes doubts that have arisen about the imposition of cumulative
25
orders of imprisonment by inserting the words `or has been sentenced to serve' that
26
occur in subsection (1)(a), at the end of the subsection as well.
27
Amendments 9 to 17 effectively create 3 new sections out of the existing provisions
28
in section 181 to make the subject matters of that section clearer.
29
Amendment 17 also inserts a new section 181C that ensures provisions of legislation
30
authorising subordinate legislation will be interpreted so that maximum penalties for
31
bodies corporate will be 5 times the maximum penalty for individuals.
32
Amendment 18 corrects an error. Under section 184 the only order the court may
33
make is an order for imprisonment.
67
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
PODIATRISTS ACT 1969 1
´
Amendment 2
1. After section 33-- 3
insert-- 4
`Transitional--references to chiropody 5
`34. A reference in an Act passed, or a document made, before 1 August 6
1987 to "chiropody", "chiropodist" or their derivatives is a reference to 7
"podiatry", "podiatrist" or their derivatives.'. 8
9
Explanatory note
10
The Chiropodists Act Amendment Act 1987 (the "repealed Act") is repealed in
11
Schedule 3 of this Act. The repealed Act has a general reference provision
12
(section 4) that needs to be retained. This amendment inserts a new section 33
13
equivalent to section 4 of the repealed Act.
RIMARY PRODUCERS' CO-OPERATIVE 14
´P
ASSOCIATIONS ACT 1923 15
Amendment 16
1. Section 12A-- 17
omit, insert-- 18
`Change of objects of association 19
`12A.(1) An association that is registered for an object stated in 20
section 6(1) may become registered for an additional object stated in 21
section 6(1) by using the following procedure. 22
`(2) The association must adopt the additional object by special 23
resolution. 24
`(3) The special resolution must set out the additional object. 25
68
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
`(4) The association must send to the Minister a copy of the special 1
resolution-- 2
(a) certified by the association's secretary as a correct copy of the 3
resolution; and 4
(b) sealed with the association's official seal. 5
`(5) The Minister may approve the adoption of the additional object if the 6
Minister considers-- 7
(a) the adoption of the additional object would enable the association 8
to-- 9
(i) carry on its business more efficiently; and 10
(ii) achieve the main purposes for which the association was 11
formed; and 12
(b) the interests of the association's creditors and debenture-holders 13
are protected. 14
`(6) The Minister's approval must be gazetted. 15
`(7) After gazettal, the association must register the special resolution. 16
`(8) On registration, the additional object set out in the special resolution 17
is an object of the association.'. 18
19
Explanatory note
20
This amendment removes the need for Governor in Council approval and an order in
21
council for an approval that is essentially an administrative matter. The opportunity
22
has also been taken to recast the provision in plain English.
RIMARY PRODUCERS' ORGANISATION AND 23
´P
MARKETING ACT 1926 24
Amendment 25
1. After section 54-- 26
insert-- 27
69
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
`Period of office of members of the Rice Marketing Board 1
`55.(1) Despite section 9(4) but subject to subsection (2), the period of 2
office of the members of the Rice Marketing Board extended by the 3
Primary Producers' Organisation and Marketing (Rice Marketing Board) 4
Regulation (No. 3) 1993 to 10 November 1993, is further extended until a 5
day declared by regulation. 6
`(2) The day mentioned in subsection (1) must be before 10 November 7
1994. 8
`(3) This section expires on the day on which the regulation mentioned in 9
subsection (1) commences.'. 10
11
Commencement
12
Amendment 1 is taken to have commenced on 10 November 1993.
13
Explanatory note
14
The period of office of the members of the Rice Marketing Board has already been
15
extended to 10 November 1993--the maximum term currently allowed under the Act.
16
A receiver has been appointed to the Board and the receivership will not be
17
completed before January 1994. The legal situation about the ability of the receiver
18
to act if there is no Board is not clear. This amendment extends the period of office
19
of the members of the Board for a maximum period of 1 year. This is necessary to
20
allow the proper administration of the receivership to continue without interruption.
21
After the receivership is completed the Board is to be wound-up under the Act.
QUEENSLAND BUILDING SERVICES AUTHORITY 22
´
ACT 1991 23
Amendments 24
1. Section 9(1)(a)-- 25
omit `and review', insert `review and amend'. 26
70
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
2. Section 9(2)-- 1
omit, insert-- 2
`(2) The policies of the Board, and amendments to the policies-- 3
(a) must be made in writing and gazetted; and 4
(b) must be given to the Minister at least 14 days before the policies 5
are gazetted; and 6
(c) do not have effect until the policies are gazetted.'. 7
3. Section 44-- 8
insert-- 9
`(5) In this section-- 10
"owner" includes a person-- 11
(a) who-- 12
(i) holds an estate or interest in land that entitles the person to 13
become an owner (as defined in section 4(1)) of the land; or 14
(ii) is the occupier of land under a lease, licence or other 15
authority from the owner (as defined in section 4(1)) of the 16
land; and 17
(b) who produces with an application under subsection (1) the written 18
agreement of the owner (as defined in section 4(1)) of the land for 19
a permit to be issued under this section to the person.'. 20
4. Schedule (before clause 2)-- 21
insert-- 22
`Definitions 23
`1A. In clause 2-- 24
"former Board" means the Builders' Registration Board of Queensland 25
established under the repealed Act; 26
71
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
"repealed Act" means the Builders' Registration and Home-Owners' 1
Protection Act 1979.'. 2
5. Schedule (clause 2(3))-- 3
omit, insert-- 4
`(3) The provisions of the repealed Act about insurance continue to 5
apply, with the changes prescribed by regulation under this Act, to building 6
work started before 1 July 1992 and-- 7
(a) the provisions continue to apply to the building work whether the 8
work is carried out before or after the date as if the repealed Act 9
had not been repealed; and 10
(b) the Authority may exercise any of the powers of the former 11
Board about the insurance. 12
`(3A) Instruments of guarantee and indemnity entered into under 13
section 31(3) of the repealed Act and in force immediately before 1 July 14
1992 continue to have effect, with all necessary changes and any changes 15
prescribed by regulation under this Act, until the instruments are discharged 16
by the Authority. 17
`(3B) Without limiting subclause (3A), a reference in the instruments to 18
the former Board is taken to be a reference to the Authority. 19
`(3C) The instruments guarantee the payment by the guarantors of 20
amounts payable to the Authority under-- 21
(a) section 70 of the repealed Act because of subclause (3); and 22
(b) section 71 of this Act. 23
`(3D) A house purchaser's agreement that the former Board is taken to 24
have entered into under the repealed Act continues in force for the balance 25
of its term and all rights, duties, obligations and liabilities of the former 26
Board under the agreement are taken to be the rights, duties, obligations and 27
liabilities of the Authority. 28
`(3E) An amount paid by the former Board under its obligations under 29
section 69 of the repealed Act and not recovered at 1 July 1992-- 30
72
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
(a) is taken to be a debt owing to the Authority; and 1
(b) the Authority has the same rights under section 71 of this Act as 2
if the amount had been paid by the Authority on a claim under the 3
insurance scheme mentioned in that section.'. 4
6. Schedule (clause 2(4))-- 5
omit, insert-- 6
`(4) A direction or order for rectification of building work may be made 7
under this Act in relation to building work, as defined in the repealed Act, 8
carried out before 1 July 1992 by a person who was a registered builder, 9
registered general builder or registered house builder within the meaning of 10
the repealed Act as if references in this Act to a licensed contractor extended 11
to the person.'. 12
7. Schedule (clause 2(6) (after `Part 3'))-- 13
insert `and an approval mentioned in section 53(3) of the repealed Act 14
may be given by the Authority'. 15
8. Schedule (clause 2(8)(a))-- 16
omit `section', insert `subclause'. 17
9. Schedule (clause 2(9))-- 18
omit `subsection', insert `subclause'. 19
20
Commencement
21
Amendments 4 to 9 are taken to have commenced on 1 July 1992. This is the day the
22
Schedule and other major provisions of the Act commenced.
73
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
Explanatory Notes
2
Amendment 1 confirms the Queensland Building Services Board has the power to
3
amend policies already made.
4
Amendment 2 establishes procedures and a timetable for the appropriate publication
5
of policies of the Board in line with the undertaking to the Committee of Subordinate
6
Legislation.
7
Amendment 3 inserts a new section 44(5) which defines "owner". This will provide
8
greater flexibility in the issue of permits for work by owner-builders. This is necessary
9
to ensure that permits may be issued where an occupier has either a right to become
10
the owner as defined in section 4 or where the occupier has the written consent of the
11
owner of the land.
12
Amendment 4 inserts a definition provision.
13
Amendment 5 establishes that deeds of guarantee provided by company directors to
14
the Builders' Registration Board remain in force and enforceable by the Authority.
15
This amendment is necessary to allow a substantial number of cases for recovery of
16
amounts owing to the Authority to proceed.
17
Amendment 6 replaces clause 2(4). The new provision makes it clear that "building
18
work" means building work carried out prior to the commencement of the Act. This
19
will remove doubts as to the enforcement of orders for the rectification of building
20
work carried out before 1 July 1992.
21
Amendment 7 clarifies the Authority's right to approve the sale of owner-built
22
residences commenced prior to 1 July 1992. This confirms the original intent of
23
section 2(6).
24
Amendments 8 and 9 correct provision references.
QUEENSLAND NICKEL AGREEMENT ACT 1970 25
´
Amendments 26
1. Section 4-- 27
omit, insert-- 28
`Change of Agreement by further agreement 29
`4.(1) The Agreement may be changed by a further agreement between 30
the Minister and the Companies. 31
74
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
`(2) The Minister may make a further agreement only if the proposed 1
further agreement has been approved by regulation. 2
`(3) The Minister must notify the date of the making of the further 3
agreement by Gazette notice.'. 4
2. After section 6-- 5
insert-- 6
`Regulation making power 7
`7.(1) The Governor in Council may make regulations under this Act. 8
`(2) For the purposes of subsection (1), a mention in the Agreement of 9
an order in council is taken to be a mention of a regulation.'. 10
11
Explanatory note
12
Amendments 1 and 2 implement current drafting practice by providing for variations
13
of the Agreement to be made by regulation.
RACING AND BETTING ACT 1980 14
´
Amendment 15
1. Section 218A(2)-- 16
omit `Chairman', insert `Chief Judge'. 17
18
Explanatory Note
19
Amendment 1 is consequential on amendments to the District Courts Act 1967 made
20
by the Statute Law (Miscellaneous Provisions) Act 1993 replacing the title `Chairman
21
of District Courts' with `Chief Judge of District Courts'.
75
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
REAL PROPERTY ACT 1861 1
´
Amendment 2
1. Section 41-- 3
omit, insert-- 4
`Assurance of title fee 5
`41. A prescribed assurance fee is payable to the land registry on-- 6
(a) land first brought under this Act by its alienation from the State; 7
or 8
(b) an application, dealing, transaction or instrument on which, or for 9
which, a prescribed fee is payable.'. 10
11
Explanatory note
12
Amendment 1 corrects a cross reference to a section that was replaced when the Act
13
was amended by the Lands Legislation Amendment Act 1992.
REPRINTS ACT 1992 14
´
Amendments 15
1. Section 3 (definition "law")-- 16
insert-- 17
`(c) an agreement that has the force of law;'. 18
2. Section 5 (at the end)-- 19
insert-- 20
`Example 4-- 21
`If a definition is added to a section consisting of 1 definition, the existing 22
section heading `Definition' would become `Definitions'.'. 23
76
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
3. Section 7(1)(a)-- 1
omit. 2
4. Section 7(1)(j)-- 3
omit, insert-- 4
`(j) correcting minor errors as permitted by section 44; and'. 5
5. Section 7(1)(b) to (l) (as amended)-- 6
renumber as section 7(1)(a) to (k). 7
6. Section 20A (heading)-- 8
omit `short title', insert `citation'. 9
7. Before section 22 (in Division 3 of Part 4)-- 10
insert-- 11
`Changed citation 12
`21A.(1) If-- 13
(a) there is a reference to a law's citation; and 14
(b) since the reference was made, the citation has been amended; 15
the reference may be given using the citation as amended. 16
`(2) In this section-- 17
"law" includes a law of the Commonwealth, another State or a Territory; 18
"made" includes enacted.'. 19
8. Section 29-- 20
insert-- 21
`Example 25 (Preamble)-- 22
77
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
`Because--' may replace `Whereas--'. 1
9. After section 42-- 2
insert-- 3
`Omission of words of enactment or notification 4
`42A. Words of enactment or notification of a law may be omitted. 5
Example of enacting words-- 6
The Parliament of Queensland enacts-- 7
Example of words of notification-- 8
His Excellency the Administrator of the Government, acting by and with 9
the advice of the Executive Council and under section XYZ of the Example 10
Act 19XY, makes the following order in council-- 11
[order] 12
And the Honourable the Minister is to give the necessary directions 13
herein accordingly. 14
XYZ, Clerk of the Council'. 15
10. Section 43(3)-- 16
omit `had not been amended', insert `were to be remade'. 17
11. Section 49(4)(b)-- 18
omit, insert-- 19
`(b) as the text would be shown if the following provisions were 20
used-- 21
· Division 2 (Updated citations and references to law) of 22
Part 4 23
· section 25 (References to gender specific offices) 24
· section 26 (Spelling) 25
78
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
· section 27 (Punctuation) 1
· section 29 (Expression of number, year, date, time, amount 2
of money, quantity etc.) but only to the extent stated in 3
subsection (5) 4
· Division 5 (Updated naming conventions within statutory 5
instruments) of Part 4 6
· section 34 (Relocation of marginal or cite notes) 7
· section 35 (Format and printing style). 8
`(5) For the purpose of subsection (4), section 29 must be used only to 9
express the designation of provision units in the law, and references to the 10
designation of provision units in another law, in a way consistent with 11
current legislative drafting practice.'. 12
12. Section 49 (example of subsection (4)(b)(ii))-- 13
omit `(4)(b)(ii)', insert `(5)'. 14
15
Explanatory notes
16
Amendment 1 is designed to assist the reprinting of agreements that have the force of
17
law.
18
Amendment 2 inserts a new example in section 5 (Amendments). Section 5 requires
19
a reprint to show the law as amended and incorporate all necessary consequential
20
amendments. The proposed example clarifies that 1 type of consequential
21
amendment is to change the section heading of a section consisting of 1 definition
22
from the singular form to the plural form if more definitions are added.
23
Amendment 3 is explained in conjunction with Amendment 9.
24
Amendment 4 replaces the reference to the Division with a reference to the section
25
as there is only 1 section in Division 7, namely, section 44.
26
Amendment 5 is necessary because of the omission of section 7(1)(a) by
27
Amendment 3.
28
Amendment 6 makes the section 20A heading consistent with other section headings
29
in the same Division.
30
Amendment 7 inserts section 21A to complement the existing provisions allowing
31
citations and other references (including references to remade laws, changed names
79
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
of bodies, offices and places) to be updated. It allows a reference in a reprinted law
2
to the short title of another law to be updated if the short title has been amended.
3
Amendment 8 clarifies the use of section 29 (Expression of number, year, date, time,
4
amount of money, quantity etc.) to update preambles in accordance with current
5
legislative drafting practice.
6
Amendment 9 inserts a new section 42A. Existing section 7(1)(a) allows the
7
omission of enacting words (unless there is a preamble) and words of notification.
8
Amendment 3 deletes it because proposed section 42A also allows the omission of
9
enacting words when there is a preamble. More significantly, proposed section 42A
10
provides examples of enacting words and words of notification.
11
Amendment 10 assists the reprinting of legislation. When amendments insert new
12
provisions in a law, the numbering of the law's provisions can become untidy and
13
difficult. For example, consecutive sections could be numbered 35AAA, 35, 35A,
14
35AA, 35AB, 36, 38 and 38A. This amendment makes it clear section 43
15
(Numbering and renumbering of provisions) may be used to renumber an amended
16
law if the numbering of its provisions is significantly different to how it would be
17
numbered if the law were remade. If remade, the sections given in the example
18
would be numbered 35, 36, 37, 38, 39, 40, 41 and 42. Accordingly, section 43 may
19
be used to reprint the law using consecutive section numbers. Refer also to
20
amendments 11 and 12 and the explanatory notes for those amendments.
21
Existing section 49(4)(b) allows a law that has not yet been reprinted to be amended
22
and referred to having regard to a list of certain basic editorial changes that would be
23
made when the law is reprinted. Amendments 10 to 12 add to the list.
EWERAGE AND WATER SUPPLY ACT 1949 24
´S
Amendment 25
1. Section 7(2)(vi)-- 26
omit `Plumbers and Gasfitters' Employees' Union of Australia', 27
insert `Electrical, Electronic, Plumbing and Allied Workers Union of 28
Australia, Plumbing Division,'. 29
30
Explanatory note
31
The amendment reflects the union's change of name.
80
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
TATE ENVIRONMENT ACT 1988 1
´S
Amendment 2
1. Section 12-- 3
omit, insert-- 4
`Delegation by chief executive 5
`12. The chief executive may delegate the chief executive's powers under 6
this or another Act to an officer of the public service.'. 7
8
Explanatory note
9
The amendment remakes the chief executive's power of delegation in accordance
10
with current drafting practice. Section 27A (Delegation of powers) of the Acts
11
Interpretation Act 1954 then applies.
TATE HOUSING ACT 1945 12
´S
Amendments 13
1. Section 4 (definitions "Director-General", "Local Authority", 14
"Local Authority Area" and "Minister")-- 15
omit. 16
2. Section 18-- 17
insert-- 18
`(1A) An order in council under subsection (1) is not subordinate 19
legislation.'. 20
81
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
3. Section 24(3)(iii)-- 1
omit `prescribed from time to time', 2
insert `determined by the Governor in Council'. 3
4. Section 24(4)-- 4
omit `as prescribed'. 5
5. Section 24A(4)(b)-- 6
omit `prescribed rate', 7
insert `rate determined by the Governor in Council'. 8
6. Section 24A(13)-- 9
omit. 10
7. Section 33(2)(a)-- 11
omit `such rate or rates per centum per annum as shall from time to time 12
be prescribed in respect thereof by Order in Council', 13
insert `the rate determined by the Governor in Council'. 14
8. Section 33(2)(a)-- 15
omit `from time to time by one or more than one Order in Council 16
prescribe', 17
insert `determine'. 18
9. Section 33(2)(b)-- 19
omit. 20
82
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
10. Section 33(2)(c)(from `prescribed in respect thereof')-- 1
omit, insert-- 2
`determined for the purpose.'. 3
11. Section 33(3)-- 4
omit `per centum per annum prescribed from time to time pursuant to 5
that subsection', 6
insert `determined by the Governor in Council'. 7
12. Section 33(4)-- 8
omit, insert-- 9
`(4) The Governor in Council may reduce the rate of interest applicable to 10
an advance or contract of sale under subsection (1).'. 11
13. Section 33(5)(d)-- 12
omit `by an Order in Council'. 13
14. Section 33(5)(d)-- 14
omit `such Order in Council', insert `the Governor in Council'. 15
15. Schedule (clause 9)-- 16
omit `per centum per annum prescribed for the time being', 17
insert `determined'. 18
16. Schedule (clause 12(a))-- 19
omit `at the rate per centum per annum payable according to subsection 20
three of section thirty-three of this Act'. 21
83
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
17. Schedule (clause 12(a))-- 1
omit `at the rate prescribed from time to time'. 2
18. Schedule (clause 12(b))-- 3
omit `at the rate prescribed pursuant to section 33 from time to time'. 4
19. Schedule (clause 12(b))-- 5
omit `at the rate prescribed from time to time'. 6
20. Schedule (clause 15(1))-- 7
omit `prescribed rate', 8
insert `rate determined by the Governor in Council'. 9
21. Schedule (clause 24(1))-- 10
omit `with the prescribed interest advanced to', 11
insert `payable by'. 12
13
Explanatory notes
14
Amendment 1
15
This amendment omits obsolete or unnecessary definitions.
16
Amendment 2
17
This amendment inserts a subsection providing that an order in council under
18
section 18 of the Act is not subordinate legislation. This is presently provided for
19
under the Statutory Instruments Regulation 1992.
20
Amendments 3 to 24
21
The Act presently makes provision a number of times for the prescription of interest
22
rates for the purposes of various housing schemes. The purpose of the amendments is
23
to provide that, although the appropriate interest rates continue to be decided by the
24
Governor in Council, it is not a requirement that they be fixed by order in council.
84
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
TATE HOUSING (FREEHOLDING OF LAND) ACT 1
´S
1957 2
Amendments 3
1. Part 1-- 4
omit, insert-- 5
`PART 1--PRELIMINARY 6
`Short title 7
`1. This Act may be cited as the State Housing (Freeholding of Land) 8
Act 1957.'. 9
2. Section 9(1)(i), (2)(i) and (3)(ii) and section 10H(2)-- 10
omit `per centum per annum prescribed from time to time', 11
insert `determined by the Governor in Council'. 12
3. Section 9(6)(b)-- 13
omit `prescribed'. 14
4. Section 9(7)-- 15
omit. 16
5. Section 10H(5)-- 17
omit. 18
85
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
1
Explanatory notes
2
Amendment 1
3
This updates the short title and omits obsolete provisions.
4
Amendments 2 to 5
5
The Act presently makes provision a number of times for the prescription of interest
6
rates for the purposes of the purchase of land held under freeholding leases. The
7
purpose of the amendments is to provide that, although the appropriate interest rates
8
continue to be decided by the Governor in Council, it is not a requirement that they
9
be fixed by order in council.
STATUTORY INSTRUMENTS ACT 1992 10
´
Amendments 11
1. Section 7-- 12
omit, insert-- 13
`Meaning of "statutory instrument" 14
`7.(1) A "statutory instrument" is an instrument that satisfies subsection 15
(2) and (3). 16
`(2) The instrument must be made under-- 17
(a) an Act; or 18
(b) another statutory instrument; or 19
(c) power conferred by an Act or statutory instrument and also under 20
power conferred otherwise by law. 21
Example of paragraph (c)-- 22
An instrument made partly under an express or implied statutory power 23
and partly under the Royal Prerogative. 24
`(3) The instrument must be of 1 of the following types-- 25
· a regulation 26
· an order in council 27
86
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
· a rule 1
· a by-law 2
· an ordinance 3
· a statute 4
· a proclamation 5
· a notification of a public nature 6
· a standard of a public nature 7
· a guideline of a public nature 8
· another instrument of a public nature by which the entity making 9
the instrument unilaterally affects a right or liability of another 10
entity. 11
`(4) However, to remove doubt, an Executive Council Minute is not 12
itself a statutory instrument.'. 13
2. Section 22 (heading)-- 14
omit `for purposes of', insert `under'. 15
3. Section 22(1) and (3)-- 16
omit `for the purposes of', insert `under'. 17
4. After section 30A-- 18
insert-- 19
`Statutory instrument may exempt from fee 20
`30B.(1) If a power is conferred under a law for a statutory instrument to 21
prescribe a fee, the power includes a power to-- 22
(a) exempt any person or matter from payment of the fee; or 23
(b) waive payment of the fee for any person or matter. 24
`(2) If-- 25
87
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
(a) a law requires payment of a fee prescribed under a statutory 1
instrument by a person or for a matter; and 2
(b) either-- 3
(i) the person or matter is exempted under the statutory 4
instrument from payment of the fee; or 5
(ii) the fee is waived for the person or matter under the statutory 6
instrument; 7
the requirement to pay the fee is taken to have been satisfied.'. 8
5. Section 43-- 9
insert-- 10
`(3) This section applies to a form declared, under an Act or a regulation 11
made under this Act, to be a form requiring tabling in the Legislative 12
Assembly in the same way as it applies to subordinate legislation.'. 13
6. Section 44-- 14
omit, insert-- 15
`Disallowance 16
`44.(1) A member of the Legislative Assembly may give notice of a 17
motion to disallow subordinate legislation within 14 sitting days after it is 18
tabled in the Assembly. 19
`(2) If notice is given under subsection (1), the Assembly may pass a 20
resolution disallowing subordinate legislation. 21
`(3) If the Assembly passes the resolution, the subordinate legislation's 22
effect ends. 23
`(4) The subordinate legislation's effect also ends if, at the end of 14 24
sitting days after the notice is given, the motion has not-- 25
(a) been withdrawn; or 26
(b) lapsed; or 27
88
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
(c) been otherwise disposed of. 1
`(5) For the purpose of calculating the number of sitting days in 2
subsection (1), it does not matter whether the days are within the same or 3
different Parliaments or sessions of Parliament. 4
`(6) This section applies to a provision of subordinate legislation in the 5
same way as it applies to the entire subordinate legislation. 6
`(7) This section also applies to a form tabled under section 43 (Tabling) 7
in the same way as it applies to subordinate legislation.'. 8
9
Explanatory notes
10
Amendment 1 clarifies the meaning of "statutory instrument". Implicit in the existing
11
definition is a limitation to documents of a public nature. For example, if an Act
12
contemplates an employment contract may be negotiated between the State and an
13
employee, the contract is not a statutory instrument. Proposed subsection (3) makes
14
the public nature limitation an express element of specified types of statutory
15
instrument and clarifies (by the last dot point) the miscellaneous category of
16
instruments that are statutory instruments.
17
Amendments 2 and 3 are consistent with current legislative drafting practice (see
18
definition of "under" in section 36 of the Acts Interpretation Act 1954). It enables the
19
standard regulation making power to be further simplified.
20
Amendment 4 removes the need for a specific regulation making power to deal with
21
exemptions from fees.
22
Amendment 5 inserts a new subsection (3) allowing the tabling requirement to be
23
applied to certain forms made administratively under an Act.
24
Amendment 6 inserts a proposed new section 44. The existing section 44 provides for
25
the disallowance by the Legislative Assembly of subordinate legislation that is
26
tabled. Apart from simplifying the section's language, the proposed amendment does
27
3 things.
28
Existing subsection (3) states that the Assembly's power to resolve that subordinate
29
legislation be disallowed is not affected by Parliament's prorogation or the
30
Assembly's dissolution or end of its term. Its effect is found in proposed
31
subsection (5) which clarifies how the 14 day time limit is to be calculated if
32
Parliament is prorogued, dissolved or ends its term.
33
In addition to the possibilities covered by existing subsection (4), proposed
34
subsection (4) covers the possibility of a motion lapsing.
35
Subsection (7) extends the disallowance provision to forms required to be tabled.
89
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
ORKPLACE HEALTH AND SAFETY ACT 1989 1
´W
Amendments 2
1. Section 6(1)-- 3
insert-- 4
` "another official" means a person who may grant a certificate to work in 5
an occupation under a law of the Commonwealth, another State or a 6
Territory about occupational health and safety;'. 7
2. Section 109 (heading)-- 8
omit, insert-- 9
`Certificate required to work in certain occupations'. 10
3. Section 109(1) and (2) (all words from `is the holder' to `Act')-- 11
omit, insert-- 12
`holds a certificate to work in, or in a part of, the occupation granted by 13
the Director or another official'. 14
4. Section 113(1) (all words from `of competency' to `those 15
provisions')-- 16
omit, insert-- 17
`to work in a prescribed occupation, or whose certificate has been 18
suspended or cancelled by the Director,'. 19
5. After section 113(1)-- 20
insert-- 21
`(1A) However, a person cannot appeal against the suspension or 22
cancellation of the person's certificate by the Director if-- 23
90
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 1 (continued)
(a) the Director suspended or cancelled the certificate on the 1
recommendation of another official; and 2
(b) the official has given the person a reasonable opportunity to show 3
cause why the official should not recommend to the Director that 4
the certificate should be suspended or cancelled.'. 5
6. Section 137(2)(t)-- 6
omit, insert-- 7
`(t) may provide for-- 8
(i) the grant, endorsement, renewal, suspension or cancellation 9
of certificates or licences; and 10
(ii) the recognition of certificates or licences granted by another 11
official; and'. 12
13
Explanatory Notes
14
Queensland has entered into an arrangement with the Commonwealth, the other
15
States and the Territories to recognise and give effect to each others certificates to
16
work in prescribed occupations issued under their occupational health and safety
17
laws.
18
Amendments 1, 3, 5 and 6 carry that scheme into effect.
19
Amendment 3 also changes the type of authority that will be issued by the Director
20
to work in a prescribed occupation. A certificate to work is the only authority that
21
will now be issued. This change is reflected in amendments 1, 2, 4, 5 and 6.
91
Statute Law (Miscellaneous Provisions)
(No. 2)
CHEDULE 2 1
¡S
MENDMENTS BY WAY OF STATUTE LAW 2
A
REVISION ONLY 3
section 3 4
ASSOCIATIONS INCORPORATION ACT 1981 5
´
Amendments 6
1. Section 4 (heading) 7
omit, insert-- 8
`Savings'. 9
2. Section 4(1)-- 10
omit. 11
3. Section 5(1) (definition "Minister")-- 12
omit. 13
4. Section 5(1)-- 14
insert-- 15
` "repealed Acts" means the Acts specified in the Schedule repealed by 16
section 4(1) as in force immediately before the commencement of the 17
amendments of this Act made by the Statute Law (Miscellaneous 18
Provisions) Act (No. 2) 1993;'. 19
20
Explanatory Notes
92
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 2 (continued)
1
Amendments 1 to 3 effect statute law revision by omitting redundant provisions.
2
Amendment 4 is consequential to amendment 1 and inserts the definition "repealed
3
Acts" to replace the reference to `repealed Acts' in the omitted section 4(1).
LASSIFICATION OF FILMS ACT 1991 4
´C
Amendment 5
1. Section 34--penalty paragraph (e)-- 6
omit `paragraph (c)', insert `paragraph (d)'. 7
8
Explanatory note
9
Amendment 1 corrects a minor error.
DAIRY INDUSTRY ACT 1993 10
´
Amendment 11
1. Section 107(1)(b)-- 12
omit `substitute', insert `may substitute'. 13
14
Explanatory note
15
Amendment 1 corrects a minor error.
FINANCIAL ADMINISTRATION AND AUDIT ACT 16
´
1977 17
Amendment 18
1. Section 46H-- 19
omit, insert-- 20
93
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 2 (continued)
`Statutory body must consider Auditor-General's observations and 1
suggestions 2
`46H. If a chairperson of a statutory body is given observations or 3
suggestions (together with any comments on them) under section 93(4), the 4
chairperson must ensure they are considered at the statutory body's next 5
ordinary meeting.'. 6
7
Explanatory note
8
The amendment brings about statute revision by correcting a cross reference and
9
recasting the section in plain English.
QUEENSLAND INVESTMENT CORPORATION ACT 10
´
1991 11
Amendment 12
1. Section 1.3(1) (definition "public service")-- 13
omit. 14
15
Explanatory note
16
Amendment 1 omits a redundant definition.
ACING AND BETTING AMENDMENT ACT (No. 2) 17
´R
1991 18
Amendments 19
1. Section 29(2)-- 20
omit, insert-- 21
`(2) Section 128(2)-- 22
omit `commence before 30 minutes after ', insert ` start before'. 23
94
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 2 (continued)
2. Section 51-- 1
omit `this Act', 2
insert `the Racing and Betting Act 1980 as in force immediately before 3
the commencement of this Act'. 4
3. Section 51 (Table, immediately under the words `that club', in the 5
first and second column)-- 6
insert-- 7
`that club's' `the club's'. 8
4. Schedule (Amendment of section 52(3)(g)) 9
omit, insert-- 10
`Section 52(3)(g)-- 11
omit `subject to the approval of the Minister,'. 12
5. Schedule (Amendment of section 136)-- 13
omit. 14
15
Commencement
16
All amendments are taken to have commenced on 1 March 1992. This is the day the
17
original amendments in the Racing and Betting Amendment Act (No. 2) 1991 were to
18
have commenced.
19
Explanatory notes
20
The amendments effect statute law revision by correcting minor technical errors.
95
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 2 (continued)
TATUTE LAW (MISCELLANEOUS PROVISIONS) 1
´S
ACT 1993 2
Amendment 3
1. Schedule 1, Anzac Day Act 1921, amendments 2 and 3-- 4
omit. 5
6
Explanatory note
7
Amendment 1 omits amendments that could not operate because of an incorrect
8
reference. See amendments of the Anzac Day Act 1921 in Schedule 1.
96
Statute Law (Miscellaneous Provisions)
(No. 2)
CHEDULE 3 1
¡S
CTS REPEALED 2
A
section 4(1) 3
Chiropodists Act Amendment Act 1987 4
Coal Industry (Control) Act Amendment Act 1969 5
Coal Industry (Control) Acts Amendment Act 1965 6
Common Law Process Act 1867 Amendment Act 1870 7
Commonwealth and State Housing Agreement Amendment Act 1955 8
Consumer Affairs Act and Another Act Amendment Act 1982 9
Employment, Vocational Education and Training Act Amendment Act 1988 10
Fishing Industry Organisation and Marketing Act Amendment Act 1987 11
Granville and Burnett Bridges Act 1889 12
Home Builders' Assistance Act 1958 13
Industrial Development Act Amendment Act 1976 14
Lamington Bridge Act 1897 15
Land Act and Another Act Amendment Act 1982 16
Lands Legislation Amendment Act 1991 17
Legal Practitioners Act Amendment Act 1954 18
Liens on Crops of Sugar Cane Acts Amendment Act 1961 19
Local Government Act Amendment Act 1981 20
Local Government Acts and Another Act Amendment Act 1951 21
Main Roads Acts and Another Act Amendment Act 1952 22
Mining (Fossicking) Act Amendment Act 1990 23
Oaky Creek-Gregory Railway Act 1980 24
97
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 3 (continued)
Primary Producers' Organisation and Marketing Acts Amendment 1
Act 1946 2
Primary Producers' Organisation and Marketing Acts Amendment 3
Act 1954 4
Primary Producers' Organisation and Marketing Acts and Other Acts 5
Amendment Act 1941 6
Primary Producers' Organisation and Marketing, Fruit Marketing 7
Organisation, Wheat Pool, and Diseases in Plants Acts Amendment 8
Act 1930 9
Railways (Gladstone Tidal Lands) Act 1955 10
Real Property Act Amendment Act 1976 11
Real Property Act Amendment Act 1978 12
Rice Industry Stabilization Act 1973 13
Roma Street to South Brisbane Railways Act 1956 14
State Advances Corporation Buildings Improvement Act 1932 15
State Housing Acts Amendment Act 1961 16
State Housing Acts and Another Act Amendment Act 1964 17
State Housing Acts and Other Acts (Rate of Interest) Act 1948 18
State Housing Relief Act 1930 19
Statute Law (Miscellaneous Provisions) Act 1991 20
Sugar Experiment Station Act and Another Act Amendment Act 1981 21
Sugar Experiment Stations Acts and Another Act Amendment Act 1948 22
Sugar Experiment Stations Acts and Other Acts Amendment Act 1938 23
Sugar Experiment Stations Acts and Other Acts Amendment Act 1941 24
Traffic Acts Amendment Act 1953 25
Traffic Acts Amendment Act 1960 26
Traffic Acts Amendment Act 1977 27
Traffic Acts and Another Act Amendment Act 1959 28
98
Statute Law (Miscellaneous Provisions)
(No. 2)
SCHEDULE 3 (continued)
Traffic Acts and Other Acts Amendment Act 1965 1
Transport (Water) Laws Validation Act 1980 2
Wheat Industry Stabilization Act and Another Act Amendment Act 1978 3
4
Explanatory note
These Acts have been identified as obsolete. 5
99
Statute Law (Miscellaneous Provisions)
(No. 2)
CHEDULE 4 1
¡S
DECLARED LAWS WHOSE REPEAL DOES NOT END 2
THEIR EFFECT 3
section 4(2) 4
Coal Industry (Control) Act Amendment Act 1969 5
Coal Industry (Control) Acts Amendment Act 1965 6
Lamington Bridge Act 1897 7
Land Act and Another Act Amendment Act 1982 8
Real Property Act Amendment Act 1976 9
Statute Law (Miscellaneous Provisions) Act 1991, Schedules 4 and 5 10
11
Explanatory note
12
These are laws to which section 20A of the Acts Interpretation Act 1954 applies.
13
Accordingly, the effect of these laws does not end merely because of their repeal.
14
© State of Queensland 1993
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