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Queensland
STATUTE LAW
(MISCELLANEOUS
PROVISIONS) BILL (No. 2)
1994
Queensland
STATUTE LAW (MISCELLANEOUS
PROVISIONS) BILL (No. 2) 1994
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amended Acts--Schs 1 and 2 and Sch 3, Pt 1 . . . . . . . . . . . . . . . . . . . . . . . 6
4 Repealed Acts--Sch 3, Pt 2 and Schs 4 to 8 . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Explanatory notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 7
MINOR AMENDMENTS AND AMENDMENTS BY WAY OF
STATUTE LAW REVISION
ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
AMBULANCE SERVICE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
ARCHITECTS ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
DIRECTOR OF PROSECUTIONS ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . 21
EDUCATION (TEACHER REGISTRATION) ACT 1988 . . . . . . . . . . . . . . 25
FAIR TRADING ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
GAMING MACHINE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
GAS ACT 1965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
MARINE SAFETY ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
MOTOR VEHICLES SAFETY ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PUBLIC SERVICE MANAGEMENT AND EMPLOYMENT ACT 1988 . . 41
QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 . . . . . . 42
REPRINTS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
2
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SOUTH EAST QUEENSLAND WATER BOARD ACT 1979 . . . . . . . . . . 49
STATUTORY INSTRUMENTS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 49
TRAFFIC ACT 1949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
TRANSPORT INFRASTRUCTURE (RAILWAYS) ACT 1991 . . . . . . . . . 54
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 56
AMENDMENTS BY WAY OF STATUTE LAW REVISION ONLY
AUCTIONEERS AND AGENTS ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . 56
BUSINESS NAMES ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
CORONERS ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
CORRECTIVE SERVICES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
CROWN PROCEEDINGS ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
DENTAL ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
DISPUTE RESOLUTION CENTRES ACT 1990 . . . . . . . . . . . . . . . . . . . . . 61
DISTRICT COURTS ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
EDUCATION (GENERAL PROVISIONS) ACT 1989 . . . . . . . . . . . . . . . . . 65
FACTORIES AND SHOPS ACT 1960 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
FIRE SERVICE ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
FISHERIES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
FOOD ACT 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
HAWKERS ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
INDY CAR GRAND PRIX ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
JUSTICE AND ATTORNEY-GENERAL (MISCELLANEOUS
PROVISIONS) ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
LAW COURTS AND STATE BUILDINGS PROTECTIVE
SECURITY ACT 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
MINES REGULATION ACT 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
PAWNBROKERS ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
PETROLEUM ACT 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
POLICE SERVICE ADMINISTRATION ACT 1990 . . . . . . . . . . . . . . . . . . 76
PROFESSIONAL ENGINEERS ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . 76
3
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
QUEENSLAND INSTITUTE OF MEDICAL RESEARCH ACT 1945 . . . . 77
QUEENSLAND SMALL BUSINESS CORPORATION ACT 1990 . . . . . . 77
REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES
ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
SECOND-HAND DEALERS AND COLLECTORS ACT 1984 . . . . . . . . . 78
SOUTH BANK CORPORATION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . 79
SUPERANNUATION (STATE PUBLIC SECTOR) ACT 1990 . . . . . . . . . 80
TRAFFIC ACT AMENDMENT ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . 80
TOW-TRUCK ACT 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT
ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
WATER RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 84
REPEAL OF UNCOMMENCED PROVISIONS AND AMENDING
ACTS WITH UNCOMMENCED PROVISIONS
PART 1--REPEAL OF UNCOMMENCED PROVISIONS
FAMILY SERVICES ACT 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
FOOD ACT 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
MOBILE HOMES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
PROFITEERING PREVENTION ACT 1948 . . . . . . . . . . . . . . . . . . . . . . . . . 85
PART 2--REPEAL OF AMENDING ACTS WITH
UNCOMMENCED PROVISIONS
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 87
REPEAL OF SUPERSEDED ACTS
SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . 89
REPEAL OF EXHAUSTED ACTS
SCHEDULE 6 . . . . . . . . . . . . . . . . . . . . . . . 101
REPEAL OF OTHER EXHAUSTED ACTS
SCHEDULE 7 . . . . . . . . . . . . . . . . . . . . . . . 103
REPEAL OF AMENDING ACTS
SCHEDULE 8 . . . . . . . . . . . . . . . . . . . . . . . 115
OTHER ACTS REPEALED
SCHEDULE 9 . . . . . . . . . . . . . . . . . . . . . . . 117
4
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
IMPERIAL AND NEW SOUTH WALES ACTS WHOSE
APPLICATION TO QUEENSLAND ENDS
PART 1--IMPERIAL ACTS
PART 2--NEW SOUTH WALES ACTS
SCHEDULE 10 . . . . . . . . . . . . . . . . . . . . . . 118
DECLARED LAWS WHOSE REPEAL DOES NOT END THEIR
EFFECT
1994
A BILL
FOR
An Act to make various amendments of Queensland statute law and
to repeal certain Acts
s1 6 s5
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
The Parliament of Queensland enacts-- 1
title 2
Short
1. This Act may be cited as the Statute Law (Miscellaneous Provisions) 3
Act (No. 2) 1994. 4
5
Commencement
2. This Act commences on the day of assent except so far as is otherwise 6
expressly provided. 7
Acts--Schs 1 and 2 and Sch 3, Pt 1 8
Amended
3. Schedules 1 and 2 and Schedule 3, Part 1 amend the Acts mentioned 9
in them. 10
Acts--Sch 3, Pt 2 and Schs 4 to 8 11
Repealed
4.(1) The Acts mentioned in Schedule 3, Part 2 and Schedules 4 to 8 are 12
repealed. 13
(2) The Acts mentioned in Schedule 9 cease to have effect in 14
Queensland. 15
(3) The Acts mentioned in Schedule 10 are declared to be laws to which 16
section 20A of the Acts Interpretation Act 1954 applies. 17
notes 18
Explanatory
5. An explanatory note to a provision of this Act is not part of the Act. 19
7
Statute Law (Miscellaneous Provisions) Bill
(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(3)-- 7
omit, insert-- 8
`(3) An example in an Act of the operation of a provision of the Act is 9
part of the Act. 10
`(4) A schedule or appendix to an Act is part of the Act.'. 11
2. Section 14(4) and (5)-- 12
renumber as section 14(5) and (6). 13
3. Section 14F(4), ` `Imperial Act' '-- 14
omit, insert-- 15
` `UK', `Imperial Act' or `Imp' '. 16
4. Section 19, `or a provision of an Act'-- 17
omit, insert-- 18
`, or a provision of an Act, that has commenced'. 19
8
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
5. After section 19-- 1
insert-- 2
`Commencement not undone if omitted 3
`19A. If a provision of an Act provides for the commencement of a law 4
and the law has commenced, the later omission of the provision does not 5
affect the continuing operation of the law.'. 6
6. Before section 27A(1)-- 7
`(1A) Authority to delegate a person's or body's powers includes 8
authority to delegate doing an act or making a decision for performing a 9
function of the person or body.'. 10
7. Section 32AA(c), after `exclude'-- 11
insert-- 12
`or limit'. 13
8. Section 32CA(3)-- 14
omit, insert-- 15
`(3) To remove any doubt, it is declared that this section applies to an Act 16
passed after 1 January 1992 despite any presumption or rule of 17
interpretation.'. 18
9. After section 32E-- 19
insert-- 20
`References to commencement 21
`32F.(1) In an Act, a reference to "commencement" for an Act or a 22
provision of an Act is a reference to the time the Act or provision comes 23
into operation. 24
9
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
`(2) In a provision of an Act, a reference to "the commencement" 1
without indicating a particular Act or provision is a reference to the 2
commencement of the provision in which the reference occurs. 3
4
Example of subsection (2)--
5
If section 24(3) of an Act stated `This section expires 1 month after the
6
commencement', `the commencement' referred to is the commencement of
7
section 24(3).'.
10. Section 33-- 8
insert-- 9
`(4B) In an Act, a reference to a department is a reference to an entity 10
specified as a department of government in Schedule 1 to the Public Service 11
Management and Employment Act 1988. 12
`(5AC) In an Act, a reference to a chief executive is a reference to a chief 13
executive of a unit of the public sector.'. 14
11. Section 35B-- 15
omit, insert-- 16
`References to certain provisions of an Act 17
`35B.(1) A reference in an Act (the "Act concerned") to a Chapter or 18
section by a number without mentioning an Act-- 19
(a) if the reference occurs in the body of the Act concerned--is a 20
reference to the Chapter or section, designated by the number, of 21
the body of the Act concerned; or 22
(b) if the reference occurs in a schedule or appendix to the Act 23
concerned--is a reference to the Chapter or section, designated by 24
the number, of the schedule or appendix. 25
`(2) A reference in an Act (the "Act concerned") to a schedule or 26
appendix-- 27
(a) by a number without mentioning an Act--is a reference to the 28
10
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
schedule or appendix, designated by the number, of the Act 1
concerned; or 2
(b) without mentioning a number or an Act and there is only 3
1 schedule or appendix to the Act concerned--is a reference to the 4
schedule or appendix. 5
`(3) A reference in an Act (the "Act concerned") to a Part by a number 6
without mentioning an Act-- 7
(a) if the reference occurs in the body of the Act concerned-- 8
(i) for an Act containing Chapters--is a reference to the Part, 9
designated by the number, of the Chapter in the body of the 10
Act concerned in which the reference occurs; or 11
(ii) for an Act not containing Chapters--is a reference to the 12
Part, designated by the number, in the body of the Act 13
concerned in which the reference occurs; or 14
(b) if the reference occurs in a schedule or appendix to the Act 15
concerned-- 16
(i) for a schedule or appendix containing Chapters--is a 17
reference to the Part, designated by the number, of the 18
Chapter of the schedule or appendix in which the reference 19
occurs; or 20
(ii) for a schedule or appendix not containing Chapters--is a 21
reference to the Part, designated by the number, of the 22
schedule or appendix in which the reference occurs. 23
`(4) A reference in an Act (the "Act concerned") to another provision 24
unit by a number without mentioning an Act-- 25
(a) if the reference occurs in the body of the Act concerned--is a 26
reference to the provision unit, designated by the number, of or in 27
the relevant provision unit of the body of the Act concerned; or 28
(b) if the reference occurs in a schedule or appendix to the Act 29
concerned--is a reference to the provision unit, designated by the 30
number, of or in the relevant provision unit of the schedule or 31
appendix. 32
11
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
`(5) In this section-- 1
"body of the Act" means the Act apart from a schedule or appendix to the 2
Act. 3
4
Examples of subsection (4)--
5
1. In the body of an Act--
6
· `Division 1' means Division 1 of the Part of the body of the Act in which
7
the reference occurs.
8
· `Subdivision 2' means Subdivision 2 of the Division of the body of the
9
Act in which the reference occurs.
10
· `subsection (3)' means subsection (3) of the section of the body of the
11
Act in which the reference occurs.
12
· `paragraph (a)' means paragraph (a) of the section, subsection, column,
13
table, form or other provision unit of the body of the Act in which the
14
reference occurs.
15
· `subparagraph (i)' means subparagraph (i) of the paragraph of the body of
16
the Act in which the reference occurs.
17
· `sub-subparagraph (A)' means sub-subparagraph (A) of the subparagraph
18
of the body of the Act in which the reference occurs.
19
2. In Schedule 2 to an Act--
20
· `Division 1' means Division 1 of the Part of Schedule 2 in which the
21
reference occurs.
22
· `Subdivision 2' means Subdivision 2 of the Division of Schedule 2 in
23
which the reference occurs.
24
· `subsection (3)' means subsection (3) of the section of Schedule 2 in
25
which the reference occurs.
26
· `paragraph (a)' means paragraph (a) of the section, subsection, item,
27
column, table, form or other provision unit of Schedule 2 in which the
28
reference occurs.
29
· `subparagraph (i)' means subparagraph (i) of the paragraph of Schedule 2
30
in which the reference occurs.
31
· `sub-subparagraph (A)' means sub-subparagraph (A) of the subparagraph
32
of Schedule 2 in which the reference occurs.
33
· `item 1' means item 1 of Schedule 2.'.
12
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
12. Section 35C-- 1
insert-- 2
`(2) An example of the operation of a provision of the Act at the end of 3
the provision is part of the provision unless the example relates to a 4
different provision. 5
6
Example of subsection (2)--
7
This example forms part of subsection (2) and an amendment omitting
8
subsection (2) would omit this example.
`(3) A penalty at the end of a subsection of an Act-- 9
(a) is part of the subsection unless the penalty relates to other 10
subsections of the section; or 11
(b) in any other case--is part of the section. 12
`(4) A penalty at the end of a section of an Act that is not divided into 13
subsections is part of the section.'. 14
13. Section 35C(2) and (3)-- 15
renumber as section 35C(5) and (6). 16
14. Section 36, definition "commencement"-- 17
omit. 18
15. Section 36-- 19
insert-- 20
` "chief executive officer" of a local government includes the town clerk of 21
the Brisbane City Council. 22
"commencement" see section 32F. 23
"company GOC" has the same meaning as in the Government Owned 24
Corporations Act 1993. 25
13
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
"complaint and summons" means a complaint and summons under the 1
Justices Act 1886. 2
"GOC" (or "government owned corporation") has the same meaning as 3
in the Government Owned Corporations Act 1993. 4
"lawyer" means a barrister, solicitor, barrister and solicitor or legal 5
practitioner of the High Court or the Supreme Court of a State. 6
"of this Act", when used in a schedule or appendix to an Act, means the 7
Act apart from a schedule or appendix to the Act. 8
"Parliament" means-- 9
(a) for Queensland--the Sovereign and the Legislative Assembly; or 10
(b) for another State--the State's legislature. 11
"Queensland lawyer" means a barrister or solicitor of the Supreme Court. 12
"statutory GOC" has the same meaning as in the Government Owned 13
Corporations Act 1993.'. 14
16. Section 36, at end of definition "definition"-- 15
insert-- 16
`Examples of definitions-- 17
18
1. "X" means Y.
19
2. A reference to X is a reference to Y.
20
3. Words and expressions used in the XYZ Act have the same respective meanings
21
in this Act.'.
17. Section 36, definition "provision", paragraphs (a) and (b)-- 22
omit, insert-- 23
`(a) a Chapter, Part, Division, Subdivision, section, subsection, 24
paragraph, subparagraph, sub-subparagraph, of the Act apart 25
from a schedule or appendix to the Act; and 26
(b) a schedule or appendix to the Act or a section, subsection, 27
14
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
paragraph, subparagraph, sub-subparagraph, item, column, table 1
or form of or in a schedule or appendix to the Act; and'. 2
18. Section 36, definition "under"-- 3
insert-- 4
`(d) within the meaning of.'. 5
6
Explanatory notes
7
What is part of an Act?--amendments 1 and 2
8
Section 14 clarifies what material is, and is not, part of an Act.
9
Section 14D of the Acts Interpretation Act 1954 explains the use of examples in
10
Queensland legislation. Proposed section 14(3) puts it beyond doubt that an example
11
in an Act is part of the Act.
12
Existing section 14(3) states that schedules are part of an Act. Proposed section
13
14(4) restates this and also states that appendixes to an Act (for example, the
14
Consumer Credit Code appended to the Consumer Credit (Queensland) Act 1994) are
15
part of the Act.
16
In future, definitions in an Act will, if appropriate, be set out in alphabetical order in
17
a dictionary in the last schedule to the Act. If a dictionary is used, there will be a
18
provision in the body of the legislation (where a definitions section would have been
19
located) referring to the dictionary and its location.
20
Amendment 2 is a consequential renumbering of section 14's remaining subsections.
21
References to British Acts--amendment 3
22
Section 14F(4) deals with references to British Acts. Amendment 3 adds the
23
common abbreviations `UK' and `Imp' to the terms that may be used in the citation
24
of a British Act.
25
Repealed Acts etc. not revived--amendment 4
26
Section 19 provides that an amended or repealed Act is not revived merely because
27
the amending or repealing Act is itself later repealed or amended. Amendment 4
28
makes it clear that the section only applies if the amending or repealing Act has
29
commenced.
15
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
1
Omission of commencement provision--amendment 5
2
Proposed section 19A ensures that the omission of commencement provisions or (under the
3
Statutory Instruments Act 1992) the repeal of commencement instruments does not affect
4
the continuing operation of a commenced law. This Bill also inserts section 39A of the
5
Statutory Instruments Act 1992 to automatically repeal commencement instruments to
6
assist maintenance of the Statute Book.
7
Delegation of powers--amendment 6
8
Section 27A deals extensively with delegation of powers. This simplifies and
9
shortens other Acts that authorise delegations by providing provisions explaining the
10
mechanics of delegation and otherwise supporting the use of a short standard
11
delegation along the following lines--
12
`Delegation
13
00. The XYZ Corporation may delegate its power to a corporation member.'.
14
Section 27A(16) already defines power to include doing an act or making a decision
15
for the purpose of performing a function. Proposed section 27A(1A) ensures that this
16
extended meaning is given to `power' when used in a short standard delegation.
17
Definitions in 2 Acts--amendment 7
18
Section 32AA deals with what happens when a term is defined in both the Acts
19
Interpretation Act 1954 and another Act. Existing section 32AA(c) states that a
20
non-exhaustive definition in the other Act does not exclude, but may extend the Acts
21
Interpretation Act definition. The proposed amendment makes it clear that not only
22
does the other Act's definition not exclude the Acts Interpretation Act definition, it
23
also does not limit the Acts Interpretation Act definition.
24
Meaning of "must" and "may"--amendment 8
25
Section 32CA deals with the meaning of "may" and "must". Existing
26
section 32CA(3) already states that the section has effect for Acts passed after 1
27
January 1992 despite any rule of construction to the contrary. Proposed section
28
32CA(3) merely remakes the provision in a way that is consistent with an
29
amendment of section 14A of the Acts Interpretation Act 1954 proposed by the Fire
30
Service Legislation Amendment Bill 1994.
16
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
1
Meaning of commencement--amendment 9
2
Proposed section 32F(1) restates the existing definition of "commencement" in
3
section 36.
4
Proposed section 32F(2) facilitates the shortening of provisions referring to
5
commencement of the provision in which the reference is made.
6
References to department and chief executive--amendment 10
7
Section 33 allows simple references to Ministers, departments and chief executives
8
by explaining the meaning of the references in particular contexts.
9
Proposed section 33(4B) is a basic provision explaining that a reference to a
10
department is a reference to a department of government. Proposed section 33(5AC)
11
is a similar basic provision explaining that a reference to a chief executive is a
12
reference to a chief executive of a unit of the public sector.
13
Proposed section 33(4B) and 33(5AC) mirror section 33(1)(a) which explains
14
references to Ministers.
15
References to certain provisions--amendment 11
16
Existing section 35B is a technical provision included to assist Queensland
17
legislative drafters in drafting legislation and readers of Queensland legislation in
18
reading legislation. It provides an explanation of references in an Act to Chapters,
19
Parts, schedules, sections, subsections and certain other provisions of an Act.
20
Rationalisation of the name of provision units is part of the process of standardising
21
legislative drafting. Until 1991, the practice in Queensland was to give provision
22
units of statutory instruments different names according to the type of the instrument.
23
Now the name of provision units of statutory instruments, with limited exceptions,
24
follow that used in Acts, namely, Chapter, Part, Division, Subdivision, section,
25
subsection etc.
26
However, the name of provision units in schedules still differ from the name of
27
provision units in the body of an Act. For example, `clause' and `subclause' are used
28
in the schedule context, while `section' and `subsection' are used in the body of the
29
Act. This will be standardised so the name of provision units in schedules follow that
30
used in the body of an Act.
31
This standardisation must be supported by rules to avoid possible confusion about, for
32
example, whether a section reference in a schedule is to a section in the body of the
33
Act or to a section of the schedule. The supporting rules have been introduced by the
34
proposed amendments of section 35B.
17
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
1
Basically, a reference in the body of an Act is a reference to the relevant provision
2
in the body of the Act, while a reference in a schedule or appendix is a reference to
3
the relevant provision in the schedule or appendix. For example, `section 14', if used
4
in the body of an Act, means section 14 of the body of the Act. In the body of an Act,
5
`section 14 of the schedule' would be used to refer to section 14 of the schedule.
6
`[S]ection 14', if used in a schedule to an Act, means section 14 of the schedule. In
7
a schedule to an Act, `section 14 of this Act' would be used to refer to section 14 of
8
the body of the Act--see proposed definition "of this Act" in section 36.
9
The amendment gives extensive examples.
10
What is part of a provision?--amendments 12 and 13
11
Existing section 35C is a technical provision included to assist Queensland
12
legislative drafters in drafting amending legislation. Existing section 35C(1)
13
provides that a heading to a provision (for example, a Chapter) is part of the
14
provision to which it is a heading. This means an amendment omitting a Chapter
15
omits the Chapter's heading because it is part of the Chapter. A separate
16
amendment omitting the heading is unnecessary.
17
Proposed section 35C(2) applies a similar rule to examples. Accordingly, if a
18
provision having an example is omitted, the example is automatically omitted. This
19
reduces the number of separate amendments otherwise necessary.
20
Proposed section 35C(3) and (4) apply a similar rule to penalties.
21
Amendment 13 is a consequential renumbering of section 35C's remaining
22
subsections.
23
Definitions--amendments 14 to 18
24
New definition--"chief executive officer"
25
The proposed definition of "chief executive officer" ensures that a reference in an
26
Act to the chief executive officer of a local government is, if the local government
27
referred to is the Brisbane City Council, a reference to the town clerk of the Brisbane
28
City Council.
29
New definition--"commencement"
30
Amendments 14 and 15 make a consequential amendment of the definition of
31
"commencement" in section 36 to tell the reader where the definition may now be
32
found.
18
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
1
New GOC related definitions
2
The proposed definitions of "GOC" and the 2 types of GOC ("statutory GOC" and
3
"company GOC") refer to the recent Government Owned Corporations Act 1993.
4
New definition--"complaint and summons"
5
The proposed definition of "complaint and summons" will be useful in avoiding the
6
need to repeat the definition in numerous other Queensland legislation.
7
New definitions--"lawyer" and "Queensland lawyer"
8
The proposed definitions of "lawyer" and "Queensland lawyer" are intended to
9
facilitate the use of simple, user-friendly words. Note that the definition includes a
10
lawyer of the Supreme Court of the Australian Capital Territory and the Northern
11
Territory--Acts Interpretation Act 1954, ss 33A and 36, definition "State".
12
New definition--"of this Act"
13
"[O]f this Act" is defined to support the amendment of section 35C.
14
New definition--"Parliament"
15
The proposed definition of "Parliament" will be useful in drafting national scheme
16
legislation. Section 33A of the Acts Interpretation Act 1954 applies making
17
paragraph (b) of the proposed definition applicable to the Australian Capital Territory
18
and the Northern Territory.
19
Amended definition--"definition"
20
Section 36 defines "definition' as meaning a provision of an Act (however
21
expressed) that gives a meaning to a word or expression, or limits or extends the
22
meaning of a word or expression. Amendment 16 adds examples to show ways in
23
which a definition might be expressed. "Definition" is relevant to the following
24
provisions of the Acts Interpretation Act 1954--
25
· section 22A(5) dealing with the automatic insertion of new definitions in
26
existing lists of definitions in the appropriate alphabetical position
27
· section 32 giving corresponding meanings to other parts of speech and
28
grammatical forms of definitions
29
· section 32A stating that definitions in or applicable to an Act apply
30
except so far as the context or subject matter otherwise indicates or
31
requires
32
· section 32AA dealing with terms defined both in the Acts Interpretation
33
Act 1954 and another Act.
19
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
1
Amended definition "provision"--amendment 17
2
Amendment 17 makes a consequential amendment of the definition of "provision" in
3
section 36 by adding references to examples and appendixes and recognising the
4
change in the naming of provision units in schedules and appendixes (from `clause'
5
and `subclause' to `section' and `subsection').
6
Amended definition "under"--amendment 18
7
Proposed paragraph (d) to be inserted by amendment 18 refines the existing
8
definition of "under" for an Act or a provision.
MBULANCE SERVICE ACT 1991 9
´A
Amendments 10
1. Section 8.5(9) and (10)-- 11
renumber as section 8.5(10) and (11). 12
2. Section 8.5-- 13
insert-- 14
`(9) The trustees must become a constitutional corporation on or before 15
31 December 1994.'. 16
3. Section 8.5(10), as renumbered, `trustees'-- 17
omit, insert-- 18
`trustee'. 19
4. Section 8.5-- 20
insert-- 21
`(12) In this section-- 22
"constitutional corporation" has the meaning given by section 10 of the 23
20
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
Superannuation Industry (Supervision) Act 1993 (Cwlth).'. 1
2
Explanatory note
3
The amendments allow the current trustees to incorporate and become a
4
constitutional corporation as required by the Superannuation Industry (Supervision)
5
Act 1993 (Cwlth) before 31 December 1994.
ARCHITECTS ACT 1985 6
´
Amendments 7
1. Section 25(1)(a)-- 8
omit, insert-- 9
`(a) the person having the actual personal supervision and 10
management of the business of the company at each place of 11
business is an architect;'. 12
2. After section 55-- 13
insert-- 14
`References to repealed Acts 15
`56. A reference in an Act or document to either of the following Acts is 16
taken to be a reference to this Act-- 17
· Architects Act 1928 18
· Architects Act 1962.'. 19
20
Explanatory notes
21
Amendment 1 omits the requirement that the person supervising and managing the
22
business be a Queensland resident.
23
Amendment 2 inserts a provision to deal with references to earlier repealed Acts that
24
provided for substantially the same matters as this Act.
21
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
IRECTOR OF PROSECUTIONS ACT 1984 1
´D
Amendments 2
1. Long title, `Director of Prosecutions'-- 3
omit, insert-- 4
`Director of Public Prosecutions'. 5
2. Section 1, `Director of Prosecutions Act 1984'-- 6
omit, insert-- 7
`Director of Public Prosecutions Act 1984'. 8
3. Section 4, definition "Director", `Director of Prosecutions'-- 9
omit, insert-- 10
`Director of Public Prosecutions'. 11
4. Part 2, heading, `Director of Prosecutions'-- 12
omit, insert-- 13
`Director of Public Prosecutions'. 14
5. Part 2, Division 1, heading-- 15
omit, insert-- 16
`Division 1--Director of Public Prosecutions and Office'. 17
6. In Part 2, Division 1, before section 5-- 18
insert-- 19
22
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
`The Director of Public Prosecutions and Office 1
`4A.(1) There is to be a Director of Public Prosecutions. 2
`(2) An office called the Office of the Director of Public Prosecutions is 3
established. 4
`Division 1A--Provisions about Director of Public Prosecutions'. 5
7. Section 5(1)-- 6
omit, insert-- 7
`5.(1) The Governor in Council may appoint a person to be the Director 8
of Public Prosecutions. 9
`(1A) The person must be a lawyer who has been admitted to practise for 10
not less than 10 years.'. 11
8. Section 9-- 12
omit. 13
9. Section 10(1)(a)(iii), from `or before' to `Privy Council'-- 14
omit. 15
10. Section 14-- 16
omit. 17
11. Section 15, `Director of Prosecutions'-- 18
omit, insert-- 19
`Director of Public Prosecutions'. 20
23
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
12. Section 15, `or Acting'-- 1
omit, insert-- 2
`or an acting'. 3
13. Section 16(2)-- 4
renumber as section 16(4). 5
14. Section 16(1)-- 6
omit, insert-- 7
`16.(1) As soon as practicable after the end of each financial year, but not 8
later than 31 October, the Director must give to the Minister a report of the 9
operations of the Office of the Director of Public Prosecutions during the 10
year. 11
`(2) However, the report for the financial year ending 30 June 1995 need 12
only be about the operations of the Office from 1 January 1995 to 30 June 13
1995. 14
`(3) Subsection (2) and this subsection expire on 1 November 1995.'. 15
15. Section 17-- 16
omit, insert-- 17
`Appointment of Deputy Directors of Public Prosecutions 18
`17. The Governor in Council may appoint a person who is a lawyer to 19
be a Deputy Director of Public Prosecutions.'. 20
16. After section 33-- 21
insert-- 22
24
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
`Transitional 1
`34. A reference in an Act or document to the office or holder of the 2
office of-- 3
(a) Director of Prosecutions is taken to be a reference to the office or 4
holder of the office of Director of Public Prosecutions; and 5
(b) Acting Director of Prosecutions is taken to be a reference to the 6
Acting Director of Public Prosecutions; and 7
(c) Deputy Director of Prosecutions is taken to be a reference to the 8
office or holder of the office of Deputy Director of Public 9
Prosecutions.'. 10
11
Explanatory notes
12
Amendments 1, 2, 3, 4, 5 and 11 effect title changes for a number of offices and
13
office holders to provide conformity with all other Australian jurisdictions.
14
Amendment 6 gives statutory recognition to the Office of the Director of Public
15
Prosecutions.
16
Amendment 7 replaces the existing section 5 of the Act with a provision that reflects
17
modern drafting practice about appointments.
18
Amendment 8 omits a redundant provision that is now dealt with under section 24B
19
of the Acts Interpretation Act 1954.
20
Amendment 9 updates the provision by omitting reference to the Privy Council. The
21
right to appeal to the Privy Council has been abolished.
22
Amendment 10 omits a redundant provision.
23
Amendment 12 reflects the removal of section 9 of the Act and that acting
24
appointments are made under section 24B of the Acts Interpretation Act 1954.
25
Amendments 13 and 14 make the reporting requirements in the section consistent
26
with the requirements under section 46J (Annual report) of the Financial
27
Administration and Audit Act 1977.
28
Amendment 15 replaces the existing section 17 of the Act with a provision that
29
reflects modern drafting practice about appointments.
30
Amendment 16 is consequential on the amendments that effect title changes.
25
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
EDUCATION (TEACHER REGISTRATION) ACT 1988 1
´
Amendment 2
1. Section 10-- 3
omit. 4
5
Explanatory note
6
The amendment removes the restriction on re-appointment of members of the Board
7
for more than 2 consecutive terms of office. Re-appointment is covered by the Acts
8
Interpretation Act 1954.
AIR TRADING ACT 1989 9
´F
Amendments 10
1. Section 40A(1)-- 11
insert-- 12
`Maximum penalty--400 penalty units.'. 13
2. Section 40A(2)-- 14
insert-- 15
`Maximum penalty--400 penalty units.'. 16
3. Section 51(1), after `40,'-- 17
insert-- 18
`40A,'. 19
26
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
4. Section 51(1)(a)(iii) and (iv)-- 1
renumber as subparagraphs (v) and (vi). 2
5. Section 51(1)(a), after subparagraph (ii)-- 3
insert-- 4
`(iii) the sale or grant, or possible sale or grant, of interests in 5
land; or 6
(iv) the promotion by any means of the sale or grant of interests 7
in land;'. 8
6. Section 51(1)(a)(v), after `services', 2nd occurring-- 9
insert-- 10
`, or the interests in land were relevant interests in land,'. 11
7. Section 51(1)(a)(vi)(A), after `kind'-- 12
insert-- 13
`, or who sells or grants interests of that kind in land,'. 14
8. Section 51(1)(a)(vi)(B), after `kind'-- 15
insert-- 16
`, or that sells or grants interests of that kind in land,'. 17
9. Section 51(3)-- 18
insert-- 19
"relevant interests in land", for a prescribed information provider, means 20
land interests of a kind sold or granted by the prescribed information 21
provider or, if the prescribed information provider is a body corporate, 22
27
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
by a body corporate related to the prescribed information provider.'. 1
10. Section 110(2)(b), `109(1)(c) to (f)'-- 2
omit, insert-- 3
`109(1)(b)'. 4
5
Explanatory notes
6
Amendments 1 and 2 insert specific penalties because of the omission of the general
7
penalty provision (section 92(2)) by the Fair Trading Amendment Act 1994.
8
The purpose of amendments 3 to 9 is to ensure that section 51 of the Act operates in
9
a similar way to section 65 of the Trade Practices Act 1975 (Cwlth) in relation to
10
information providers.
11
Amendment 10 corrects a cross-reference.
AMING MACHINE ACT 1991 12
´G
Amendments 13
1. Section 24(8)(b), `section 40(7)'-- 14
omit, insert-- 15
`section 40(12)'. 16
2. Sections 35(6)(b) and 57(4)(b), `submission'-- 17
omit, insert-- 18
`written submission'. 19
3. Sections 64(7), 94(7) and 184(8), `submissions'-- 20
omit, insert-- 21
`written submissions'. 22
28
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
4. Section 40(7)(h) and (i)-- 1
renumber as section 40(7)(g) and (h). 2
5. Section 44(2)(b), `and the number of gaming machines of each 3
betting unit'-- 4
omit. 5
6. Section 56(3)(g)-- 6
renumber as section 56(3)(f). 7
7. Section 130(2), `section 135'-- 8
omit, insert-- 9
`section 134'. 10
8. Section 185(3), `Minister'-- 11
omit, insert-- 12
`chief executive'. 13
9. Section 207(1), after `67,'-- 14
insert-- 15
`105,'. 16
17
Explanatory notes
18
Amendments 1 and 7 correct a cross-reference.
19
Amendments 2 and 3 are to ensure that all submissions to the Commissioner or the
20
Director are in writing.
21
Amendments 4 and 6 renumber paragraphs.
29
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
1
Amendment 5. Under section 44, the Director must issue to each licensee a schedule
2
of gaming machines for each licensed premises. The effect of amendment 5 is that
3
the schedule will specify the number of gaming machines but not the least valuable
4
bet that can be made on each machine.
5
Amendment 8 requires an inspector to have the approval of the chief executive rather
6
than the Minister, in accordance with current drafting practice.
7
Amendment 9 allows proceedings for an offence against section 105 (Rules ancillary
8
to gaming to be displayed and enforced) to be instituted by a police officer.
AS ACT 1965 9
´G
Amendments 10
1. Sections 11, 11A and 11B-- 11
omit. 12
2. Section 12(4)-- 13
omit, insert-- 14
`(4) The Minister may, by Gazette notice-- 15
(a) grant a franchise or an extension of a franchise on conditions 16
stated in the notice; or 17
(b) refuse to grant a franchise or an extension of a franchise. 18
`(4A) A condition must not be inconsistent with this Act.'. 19
3. Section 12A(1) and (2)-- 20
omit, insert-- 21
`12A.(1) A condition of the grant or extension of a franchise is in 22
addition to a condition imposed by this Act.'. 23
30
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
4. Section 15(2) and (3)-- 1
omit, insert-- 2
`(2) The Governor in Council may cancel the franchise for all or part of 3
the franchise area from a specified date. 4
`(3) The Governor in Council may cancel the franchise only after the 5
Minister has considered the oral or written representations made by the 6
franchise holder within the stated time. 7
`(4) The Minister must give to the franchise holder written notice of the 8
cancellation and the day of effect of the cancellation. 9
`(5) If the Governor in Council cancels a franchise for all or part of a 10
franchise area, the Minister may, after inviting applications from persons 11
interested in establishing a reticulation system in the area, grant another 12
franchise for the area. 13
`(6) The Minister must publish notice of the invitation-- 14
(a) in a newspaper circulating in the area; and 15
(b) if the area is outside Brisbane--in a newspaper circulating in 16
Brisbane.'. 17
5. Section 18, 1st sentence, `the approval of the Governor in Council, 18
given by Order in Council, first had and obtained'-- 19
omit, insert-- 20
`the Minister's previous approval'. 21
6. Section 18, 2nd sentence, `Governor in Council'-- 22
omit, insert-- 23
`Minister'. 24
31
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
7. Section 19(2) to (4)-- 1
omit, insert-- 2
`(2) The Minister may either-- 3
(a) accept the surrender, with or without conditions; or 4
(b) refuse to accept the surrender. 5
`(3) If the Minister imposes conditions on the acceptance of the 6
surrender, the surrender does not take effect until the conditions are 7
satisfied.'. 8
8. Section 30(2)-- 9
omit, insert-- 10
`(2) If the Minister is satisfied the return to the fuel gas supplier from the 11
aggregate sales of fuel gas supplied to premises adjacent to a franchise area 12
would be an economic return on the outlay that would be incurred by the 13
supplier in supplying the fuel gas, the Minister may, by Gazette notice, 14
extend the franchise area to include the premises.'. 15
16
Explanatory note
17
The amendments allow the Minister to grant gas reticulation franchises instead of the
18
Governor in Council. However, existing arrangements under which only the Governor
19
in Council may cancel a franchise will continue.
JUSTICES ACT 1886 20
´
Amendments 21
1. Section 77-- 22
omit, insert-- 23
32
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
`Taking of evidence 1
`77.(1) The deposition of a witness must be-- 2
(a) written; and 3
(b) read to the witness or, if the defendant consents, by the witness; 4
and 5
(c) then signed by the witness and the presiding judicial officer. 6
`(2) Subsection (1) applies subject to the Recording of Evidence Act 1962 7
or any other Act.'. 8
2. Section 78(4)-- 9
renumber as section 78(5). 10
3. Section 78-- 11
insert-- 12
`(4) However, if a doctor is summonsed to give evidence of a 13
professional nature, the summons may be served on the doctor by leaving a 14
copy of it at a place where the doctor practises with a person apparently 15
employed at the place.'. 16
4. Section 180, heading, `Proclamation of reciprocating'-- 17
omit, insert-- 18
`Reciprocating'. 19
5. Section 180(3)-- 20
omit. 21
33
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
6. Part 10, heading-- 1
omit, insert-- 2
`PART 10--MISCELLANEOUS'. 3
7. In Part 10, before section 266-- 4
insert-- 5
`Forms 6
`265.(1) The chief executive may approve forms for use under the Act. 7
`(2) A form approved by the chief executive is the prescribed or 8
approved form for its purpose.'. 9
8. Section 266(2)(a)-- 10
omit. 11
9. Section 266(2)(b) and (c)-- 12
renumber as section 266(2)(a) and (b). 13
14
Explanatory notes
15
Amendment 1 recasts the provision to remove a possible ambiguity and updates the
16
provision in accordance with current drafting practice.
17
Amendments 2 and 3 provide for substituted service of a summons directed to a
18
doctor in the doctor's professional capacity.
19
Amendment 4 omits unnecessary and possibly misleading words.
20
Amendment 5 removes a provision made redundant by section 24 of the Statutory
21
Instruments Act 1992.
22
Amendment 7 updates provisions about forms to take account of recent amendments
23
of the Acts Interpretation Act 1954 and the Statutory Instruments Act 1992.
24
Amendments 6, 8 and 9 are consequential on amendment 7.
34
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
UVENILE JUSTICE ACT 1992 1
´J
Amendments 2
1. Section 14, heading, `elder'-- 3
omit, insert-- 4
`respected person'. 5
2. Section 14, `recognised elder'-- 6
omit, insert-- 7
`respected person'. 8
3. Section 17, `certificate'-- 9
omit, insert-- 10
`notice'. 11
4. Section 96(1), after `232'-- 12
insert -- 13
`(Enforcement of sentence by calendar)'. 14
5. Section 107(2)(b), `may'-- 15
omit, insert-- 16
`must'. 17
6. Section 110-- 18
insert-- 19
`(7) The presentence report must be given in the form of a document.'. 20
35
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
7. Section 135(3), after `140(1)(c)'-- 1
omit-- 2
`(Specific powers if breach proved)'. 3
8. Section 149(b), after `proved)'-- 4
insert-- 5
`, section 157 (Extension of time to perform community service)'. 6
9. Section 174(1), `Subject to subsections (2) and (3), if'-- 7
omit, insert-- 8
`If'. 9
10. Section 174(3) to (5)-- 10
omit. 11
11. Section 174(6)-- 12
renumber as section 174(3). 13
12. Section 167(2), after `232'-- 14
insert-- 15
`(Enforcement of sentence by calendar)'. 16
13. Section 188-- 17
insert-- 18
`(3) If the child is entitled under section 174 to have a period of custody 19
pending the proceeding (the "custody period") treated as detention on 20
sentence, the period before the child is released under this section must be 21
36
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
reduced by the custody period. 1
2
Example--
3
C is sentenced to 10 weeks detention. C spent 2 weeks on remand before
4
sentence. C must be released after 5 weeks, which is 70% of 10 weeks with a further
5
reduction of 2 weeks.'.
14. Section 199(2), `The amount'-- 6
omit, insert-- 7
`In addition to the way of enforcement mentioned in subsection (1), the 8
amount'. 9
15. Section 199(4), from `, in addition' to `subsection (1),'-- 10
omit. 11
16. Section 205(2)-- 12
omit, insert-- 13
`(2) The chief executive must make arrangements for each detention 14
centre to be visited by an official visitor at least once a month.'. 15
17. Section 205(3), `The official'-- 16
omit, insert-- 17
`An official'. 18
18. Section 208(1), `the prescribed form and'-- 19
omit. 20
37
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
19. Section 208(2)-- 1
insert-- 2
`(e) a document prescribed by regulation.'. 3
20. Section 211(1), `unserved portion'-- 4
omit, insert-- 5
`remainder'. 6
21. Section 211(2)(b)-- 7
omit, insert-- 8
`(b) the person is 17 or more and-- 9
(i) has previously been held in custody in a prison on sentence, 10
remand or otherwise; or 11
(ii) has been sentenced to serve a term of imprisonment.'. 12
22. Section 211(4)(b), `unserved portion of the person detention'-- 13
omit, insert-- 14
`remainder of the period of detention'. 15
23. Section 211-- 16
insert-- 17
`(7) In this section-- 18
"period of detention", for a person who is liable to serve a further period 19
of detention cumulatively with a period of detention being served, 20
includes the further period of detention.'. 21
38
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
24. Section 213(4), after `214'-- 1
insert-- 2
`(Protection of legal practitioner representing child)'. 3
4
Explanatory notes
5
Amendments 1 and 2 replace references to recognised elders of Aboriginal and
6
Torres Strait Islander Communities with references to respected persons of the
7
communities.
8
Amendment 3 changes the description of a certificate of caution to a notice of
9
caution.
10
Amendments 4, 7, 12 and 24, in places where certain sections have cross-references
11
to other sections, insert the headings of sections being cross-referenced.
12
Amendment 5 confirms an existing intent that orders against a person as a child
13
continue to have the same effect after the person ceases to be a child.
14
Amendment 6 clarifies the form of presentence reports.
15
Amendment 8 inserts a missing cross-reference.
16
Amendments 9 to 11 remove some provisions, which in practice have proved
17
unhelpful, about how a court decides how much remand custody will be counted as a
18
period of detention where there are a multiplicity of proceedings.
19
Amendment 13 clarifies how periods on remand are counted when calculating fixed
20
release dates.
21
Amendments 14 and 15 are a minor drafting correction that shifts a phrase to another
22
position.
23
Amendments 16 and 17 remove a suggestion that each detention centre must have its
24
own official visitor.
25
Amendments 18 and 19 replace a requirement that a child may be admitted to a
26
detention centre only if a prescribed form is produced with an option that a child may
27
be admitted on a prescribed document.
28
Amendments 20 to 23 clarify that any person liable to serve a period of detention
29
under this Act who has experienced incarceration in a prison may apply to serve the
30
period of detention as a term of imprisonment in a prison.
39
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
MARINE SAFETY ACT 1994 1
´
Amendments 2
1. Section 1, `Marine Safety Act 1994'-- 3
omit, insert-- 4
`Transport Operations (Marine Safety) Act 1994'. 5
2. Section 220(a), after `former Act'-- 6
insert-- 7
`or the Marine Safety Act 1994'. 8
9
Explanatory notes
10
Amendment 1 changes the name of the Act to bring it into line with other transport
11
legislation.
12
Amendment 2 will allow existing references to the Marine Safety Act 1994 to be
13
updated.
OTOR VEHICLES SAFETY ACT 1980 14
´M
Amendments 15
1. Section 6, definition "trailer"-- 16
omit, insert-- 17
` "trailer" has the meaning given in the Traffic Act 1949.'. 18
2. Section 31D-- 19
omit, insert-- 20
40
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
`Appointment of authorised officers 1
`31D.(1) The chief executive may appoint a person as an authorised 2
officer. 3
`(2) The chief executive may appoint a person as an authorised officer 4
only if-- 5
(a) in the chief executive's opinion, the person has the necessary 6
expertise or experience to be an authorised officer; or 7
(b) the person has satisfactorily completed a course of training 8
approved by the chief executive. 9
`(3) An authorised officer whose appointment is limited in its application 10
may exercise a power under this Act only if the exercise of the power is 11
permitted by the appointment.'. 12
3. Section 32(3)-- 13
insert-- 14
`Maximum penalty--20 penalty units.'. 15
4. Section 37(2) and (3), after `32,'-- 16
insert-- 17
`32A,'. 18
19
Explanatory notes
20
Amendment 1 provides a common meaning of "trailer" for this Act and the Traffic
21
Act 1949.
22
Amendment 2 recasts a section in accordance with current drafting practice.
23
Amendment 3 inserts a penalty provision for consistency with other provisions.
24
Amendment 4 inserts references to a section that were inadvertedly not included
25
when the Act was amended.
41
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
PUBLIC SERVICE MANAGEMENT AND 1
´
EMPLOYMENT ACT 1988 2
Amendments 3
1. Section 4(1), definition "industrial agreement"-- 4
omit, insert-- 5
` "industrial agreement" means an industrial agreement, certified 6
agreement or enterprise flexibility agreement under the Industrial 7
Relations Act 1990.'. 8
2. Section 7(4)-- 9
omit, insert-- 10
`(4) Subsection (1)(a) does not apply to the appointment of a senior 11
executive if the appointment is made-- 12
(a) before 30 June 1995; and 13
(b) under arrangements approved by the Governor in Council for the 14
establishment of the Senior Executive Service. 15
`(5) A regulation may extend the day mentioned in subsection (4)(a) to 16
another day not more than 1 year after the first day.'. 17
3. After section 43-- 18
insert-- 19
`Declaration about certain regulations 20
`44.(1) To remove any doubt, it is declared that each of the following 21
regulations is, and has always been, as valid as it would have been if it had 22
been made and published in the Gazette immediately before the day stated 23
opposite the regulation, and tabled in the Legislative Assembly within 24
14 sitting days after publication-- 25
42
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
Public Service Management and Employment Amendment Regulation 1
(No. 2) 1992 (SL No. 93 of 1992) . . . . . . . . . . . . . . . . . 30 April 1992 2
Public Service Management and Employment Amendment Regulation 3
(No. 4) 1992 (SL No. 318 of 1992) . . . . . . . . . . . . 30 September 1992 4
Public Service Management and Employment Amendment Regulation 5
(No. 3) 1993 (SL No. 301 of 1993) . . . . . . . . . . . . . . . 1 January 1993 6
Public Service Management and Employment Amendment Regulation 7
(No. 1) 1994 (SL No. 88 of 1994) . . . . . . . . . . . . . . 31 October 1994. 8
`(2) Subsection (1) is a law to which section 20A of the Acts 9
Interpretation Act 1954 applies. 10
`(3) This section expires 6 months after its commencement.'. 11
12
Explanatory notes
13
Amendment 1 replaces the existing definition "industrial agreement" to clarify the
14
position of certified agreements and enterprise flexibility agreements.
15
Amendment 2 extends the time allowed for direct translation of officers into the
16
Senior Executive Service. The extension was previously allowed by regulation. This
17
amendment provides a firm date by which the changeover arrangements should be
18
complete, but allows a 1 year extension by regulation if necessary.
19
Amendment 3 removes any doubt about the validity of the regulations that may have
20
arisen because of gaps in time between when one regulation stopped having effect
21
and the next regulation took effect.
QUEENSLAND BUILDING SERVICES AUTHORITY 22
´
ACT 1991 23
Amendment 24
1. Schedule-- 25
insert-- 26
43
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
`References to repealed Acts 1
`4. A reference in an Act or document to either of the following Acts is 2
taken to be a reference to this Act-- 3
· Builders' Registration Act 1971 4
· Builders' Registration and Home-owners' Protection Act 1979.'. 5
6
Explanatory note
7
This amendment inserts a provision to deal with references to earlier repealed Acts
8
that provided for substantially the same matters as this Act.
REPRINTS ACT 1992 9
´
Amendments 10
1. Section 3-- 11
insert-- 12
` "previous reprint" means a reprint of a law authorised by any Act in 13
force at any time before the commencement of this Act.'. 14
2. Section 3, definition "law"-- 15
insert-- 16
`(d) a previous reprint.'. 17
3. Section 5-- 18
insert-- 19
`Example 5-- 20
21
If a provision heading is amended, a reference to the provision mentioning the
22
provision heading may be amended to mention the amended provision heading.'.
44
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
4. Section 7(1)(d), (e) and (g)-- 1
omit, insert-- 2
`(d) making the omissions and insertions permitted by sections 31, 33 3
and 33B; and 4
(e) using the names permitted by sections 32 and 33A; and 5
(g) omitting provisions as permitted by sections 36 to 42B; and'. 6
5. Section 29-- 7
insert-- 8
`Example 32 (simplified references to authorising law in section heading)-- 9
10
`Insurance premiums--Act, s 20' may replace `Insurance premiums (s 20 of the
11
Act).
`Example 33-- 12
13
`$2' may replace `£1'.'.
6. After section 33-- 14
insert-- 15
`Division 5A--Updated naming conventions within schedules and 16
appendixes 17
`Name of provision units of schedules and appendixes 18
`33A. If a provision of a schedule or appendix is called a clause, 19
subclause, sub-subclause, paragraph, subparagraph, sub-subparagraph, 20
item, subitem, or another name, the provision may be called-- 21
(a) if the provision is a provision unit equivalent to a section in the 22
body of a law--a section; or 23
(b) if the provision is a provision unit equivalent to a subsection in 24
the body of a law--a subsection; or 25
45
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
(c) if the provision is a provision unit equivalent to a paragraph in the 1
body of a law--a paragraph; or 2
(d) if the provision is a provision unit equivalent to a subparagraph in 3
the body of a law--a subparagraph; or 4
(e) if the provision is a provision unit equivalent to a 5
sub-subparagraph in the body of a law--a sub-subparagraph. 6
7
Example 1--
8
Clause 2 may be called section 2.
9
Example 2--
10
Clause 5(2)(a) may be called section 5(2)(a), that is, paragraph (a) of
11
subsection (2) of section 5.
`Reference to provision of schedule or appendix 12
`33B.(1) If-- 13
(a) in the body of a law there is a reference to a provision of an 14
unnumbered schedule or appendix; and 15
(b) the words `of the schedule', `of the appendix', or words of 16
similar effect, do not appear at the end of the reference; 17
the words `of the schedule', `of the appendix', or words of similar effect, 18
may be inserted at the end of the reference. 19
`(2) If-- 20
(a) in the body of a law there is a reference to a provision of a 21
numbered schedule or appendix; and 22
(b) words indicating the schedule or appendix by number do not 23
appear at the end of the reference; 24
words indicating the schedule or appendix by number, or words of similar 25
effect, may be inserted at the end of the reference. 26
`(3) If-- 27
(a) in a schedule or appendix to a law there is a reference to a 28
46
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
provision of the body of the law; and 1
(b) words indicating that the reference is to the body of the law do not 2
appear at the end of the reference; 3
words indicating that the reference is to the body of the law may be inserted 4
at the end of the reference. 5
`(4) In this section-- 6
"body of a law" means the law other than a schedule or appendix to the 7
law. 8
9
Example of subsection (3)--
10
In an Act, `of this Act' and, in a regulation, `of this regulation' could be inserted
11
at the end of a reference in Schedule 1 to `section 14' of the body of the law.'.
7. After section 42A-- 12
insert-- 13
`Omission of provision heading with reference 14
`42B. Words associated with a reference to a provision of a law 15
indicating the provision heading of, or associated with, the provision 16
referred to may be omitted. 17
18
Example--
19
If a provision states that--
20
`An officer may make a disclosure under section 28(2)(a) (Public officer may
21
disclose official misconduct)'
22
and the words in brackets are the section heading for section 28, the provision
23
may be reprinted as--
24
`An officer may make a disclosure under section 28(2)(a)'.'.
8. Section 48(2)-- 25
renumber as section 48(3). 26
47
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
9. Section 48-- 1
insert-- 2
`(2) If a previous reprint of a law (including a law that has not been 3
amended) has been printed by the Government Printer-- 4
(a) the text of the law as at the reprint date is, in the absence of 5
evidence to the contrary, taken to be shown correctly in the 6
reprint; and 7
(b) a court or person acting judicially must take judicial notice of a 8
document or matter purporting to be such a reprint.'. 9
10
Explanatory notes
11
Status of previous reprints--amendments 1, 8 and 9
12
These amendments are to preserve the status of reprints authorised under Acts passed
13
before the Reprints Act 1992. The Acts which authorised the Public Acts of
14
Queensland Reprint (1936) and the Queensland Statutes (1962 Reprint) are repealed
15
by this Act. These amendments are to ensure judicial notice is taken of the previous
16
reprints and to preserve the presumption that the law stated in those reprints is
17
correct at the reprint date. Amendment 8 makes a consequential numbering change.
18
Reprinting of previous reprints--amendment 2
19
There are a number of reprints of Acts still in existence that were prepared, under the
20
authority of an Act, by consolidating 2 or more Acts. An example is the Queensland
21
Law Society Act 1952. The current reprint of that Act is based on the Queensland
22
Law Society Acts 1927 to 1952 and the Queensland Law Society Acts 1930 to 1952.
23
The Queensland Law Society Acts Amendment Act 1952 (Pt 4) authorised the
24
preparation of a reprint consolidating the Acts. Amendment 2 will allow a reprint of
25
the Queensland Law Society Act 1952 to be prepared under the Reprints Act 1992
26
based on that reprint.
27
Provision headings--amendments 3 and 7
28
Although initially useful, the continued inclusion in subsequent reprints of a provision
29
heading in a reference to the provision can be distracting and irritating to the reader.
30
Proposed section 42B will enable such a provision heading to be omitted. The
31
provision heading may be relocated as a footnote at an appropriate time.
48
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
1
Note that the provision heading (whether contained in the text or a footnote) may be
2
updated under section 5 of the Reprints Act 1992 if it has been amended--see
3
proposed example 5.
4
Authority to make editorial changes--amendment 4
5
Section 7(1) allows editorial changes to be made to the text of a law when it is
6
reprinted. The proposed amendment of section 7(1)(d), (e) and (g) is necessary
7
because of the new editorial changes possible under proposed section 42B and
8
proposed Division 5A (dealing with the name of schedule and appendix provision
9
units).
10
Additional s 29 examples--amendment 5
11
Section 29 gives examples of the way a provision may be reprinted consistent with
12
current legislative drafting practice.
13
Example 32 complements the proposed definition of "Act" in section 38 of the
14
Statutory Instruments Act 1992.
15
Example 33 has been inserted to make clear that section 29 enables amounts of
16
money expressed as pounds, shillings and pence to be replaced by the equivalent
17
amount in decimal currency.
18
Naming conventions in schedules and appendixes--amendment 6
19
Rationalisation of the name of provision units is part of the process of standardising
20
legislative drafting. Until 1991, the practice in Queensland was to give provision
21
units of statutory instruments different names according to the type of the instrument.
22
Now the name of provision units of statutory instruments, with limited exceptions,
23
follow that used in Acts, namely, section, subsection etc.
24
However, the name of provision units in schedules and appendixes still differ from
25
the name of provision units in the body of a law. For example, `clause' and
26
`subclause' are used in the schedule context, while `section' and `subsection' are
27
used in the body of a law. This will be standardised so the name of provision units in
28
schedules will follow that used in the body of a law.
29
This standardisation must be supported by rules to avoid possible confusion about, for
30
example, whether a section reference in a schedule is to a section in the body of the
31
law or to a section of the schedule. The supporting rules have been introduced by the
32
proposed amendments of section 35B of the Acts Interpretation Act 1954.
49
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
1
Proposed Division 5A will allow the standardisation in reprints of the names of
2
provision units in schedules and appendixes.
OUTH EAST QUEENSLAND WATER BOARD ACT 3
´S
1979 4
Amendment 5
1. Section 109-- 6
insert-- 7
`(7) After the commencement of the Electricity Act 1994, a reference in 8
this section to the Queensland Electricity Generating Board or the 9
Generating Board is a reference to the Queensland Generation 10
Corporation.'. 11
12
Explanatory note
13
This amendment is consequential on the Electricity Bill 1994.
STATUTORY INSTRUMENTS ACT 1992 14
´
Amendments 15
1. Section 38, heading-- 16
omit, insert-- 17
`References to certain instruments'. 18
2. Section 38, definition "the Act"-- 19
omit, insert-- 20
` "Act" or "the Act", without mentioning a particular Act, means the Act 21
under which the statutory instrument is made or in force.'. 22
50
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
3. After section 39-- 1
insert-- 2
`Subdivision 6--Miscellaneous 3
`Automatic repeal of commencement instrument 4
`39A. A statutory instrument made after 31 December 1994 that merely 5
provides for the commencement of a law (including a provision of a law) is 6
automatically repealed at the beginning of the day after the commencement, 7
or, if different commencements are provided for, at the beginning of the day 8
after the last commencement.'. 9
10
Explanatory notes
11
References to certain instruments--amendments 1 and 2
12
Section 38 explains the meaning of references to certain instruments, for example,
13
`this regulation'. It currently explains that, in a statutory instrument, `the Act' means
14
the Act under which the statutory instrument is made or in force.
15
The proposed additional explanation of "Act" will, for example, enable the
16
simplification of provision headings in statutory instruments from `Insurance
17
premiums (s 20 of the Act)' to `Insurance premiums--Act, s 20'. An example 32 has
18
also been added to section 29 of the Reprints Act 1992 to allow the updating of
19
reprints in this way.
20
Amendment 1 makes a consequential amendment of the section heading.
21
Automatic repeal of commencement instrument--amendment 3
22
Ensuring the Queensland Statute Book is of the highest standard is one of the
23
statutory functions of the Office of the Queensland Parliamentary
24
Counsel--Legislative Standards Act 1992, section 7(j).
25
Acts Interpretation Act 1954, section 22C already ensures the on-going automatic
26
removal from the Statute Book of legislation that merely amends or repeals other
27
legislation.
28
Proposed section 39A is designed to further assist maintenance of the Statute Book
29
by ensuring the on-going automatic removal from the Statute Book of statutory
30
instruments that merely commence other legislation and have themselves
51
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
1
commenced.
2
However, the repeal of a statutory instrument that merely commences other
3
legislation does not affect the other legislation's commencement--Acts
4
Interpretation Act 1954, proposed section 19A (Commencement not undone if
5
omitted) and section 20(1)(b) (Saving of operation of repealed Act etc.) as applied
6
to statutory instruments by Statutory Instruments Act 1992, section 14.
TRAFFIC ACT 1949 7
´
Amendments 8
1. Section 12F-- 9
insert-- 10
`(2A) However, a local government may not act under subsection (2) if 11
the traffic sign is about a matter mentioned in section 5(4), or Schedule B of 12
the Traffic Regulation 1962.'. 13
2. Section 16A(5A), at the end-- 14
insert-- 15
`Maximum penalty--40 penalty units or 6 months imprisonment.'. 16
3. Section 16A(5B) and (8E), `or a district superintendent or'-- 17
omit, insert-- 18
`, the chief executive, Commissioner or a'. 19
4. Section 16A(16A)-- 20
omit, insert-- 21
`(16A) The specimen must be delivered to the analyst's laboratory in the 22
way prescribed by regulation.'. 23
52
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
5. Section 16B(3)(h), (4) and (18) and 44Q(2)(c), `21'-- 1
omit, insert-- 2
`28'. 3
6. Section 16B(12) and (15)(b), `a district superintendent'-- 4
omit, insert-- 5
`the Commissioner'. 6
7. Section 16B(12), `the district superintendent'-- 7
omit, insert-- 8
`the Commissioner'. 9
8. Section 16B(13), `district superintendent'-- 10
omit, insert-- 11
`Commissioner'. 12
9. Section 16B(14), `A district superintendent'-- 13
omit, insert-- 14
`The Commissioner'. 15
10. Section 16C, from `by the department'-- 16
omit, insert-- 17
`by a prescribed person on the day and at the place and time stated in a 18
written notice given to the person by a prescribed person.'. 19
53
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
11. Section 20A(5)(b), from `a driver's' to `permit)'-- 1
omit, insert-- 2
`an open or provisional licence (other than a corresponding document)'. 3
12. Section 20A(5)(d)(ii)-- 4
omit. 5
13. Section 20A(5)-- 6
insert-- 7
`(e) unless the disqualification for which the application is made 8
resulted from the applicant's conviction for an offence committed 9
when the applicant held an open or provisional licence (other than 10
a corresponding document).'. 11
14. Section 44M(1), `district superintendent'-- 12
omit, insert-- 13
`chief executive or Commissioner'. 14
15. Section 44M(1), `district superintendent's'-- 15
omit, insert-- 16
`chief executive's or Commissioner's'. 17
16. Section 44O, `2898.2'-- 18
omit, insert-- 19
`2898'. 20
54
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
17. Sections 55B(1), 57(1) and (1B) `a district superintendent'-- 1
omit, insert-- 2
`the chief executive or Commissioner'. 3
4
Explanatory notes
5
Amendment 1 clarifies that the only contraventions for which a local government
6
may take proceedings are parking, standing or stopping offences.
7
Amendment 2 inserts a penalty that was inadvertently omitted in a previous statute
8
law revision.
9
Amendments 3, 6, 7, 8, 9, 14, 15 and 17 update obsolete references.
10
Amendment 4 requires a regulation to provide for the way the specimen must be
11
delivered.
12
Amendment 5 brings the time for payment of a prescribed penalty under this section
13
into line with section 44R (Procedure in relation to camera-detected offences).
14
Amendment 10 simplifies the way the training programs and defensive driving
15
courses are approved.
16
Amendments 11 to 13 make it clear that an order under section 20A may not be
17
granted to the holder of a learner's permit or a driver's licence issued under another
18
State's law.
19
Amendment 16 corrects a reference to the relevant Australian Standard.
TRANSPORT INFRASTRUCTURE (RAILWAYS) ACT 20
´
1991 21
Amendments 22
1. Section 3, definition "ticket"-- 23
omit, insert-- 24
` "ticket" see section 3A.'. 25
55
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 1 (continued)
2. Insertion of new s 3A 1
insert-- 2
`Meaning of "ticket" 3
`3A.(1) In this Act-- 4
"ticket" means a ticket issued by Queensland Railways to a person for a 5
particular journey or type of journey. 6
`(2) The journey and the type of train for which the ticket is issued may 7
either be-- 8
(a) expressly stated on the ticket; or 9
(b) implied by the issuing of the ticket. 10
11
Example of journey for which a ticket is issued--
12
Assume a ticket is issued by Queensland Railways for a journey to Caboolture.
13
The circumstances of the issuing of the ticket may imply that it is issued for any
14
urban train travelling to Caboolture and not long distance trains that stop at
15
Caboolture during their journey.'.
16
Explanatory note
17
Amendments 1 and 2 clarify the meaning of "ticket".
18
56
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
CHEDULE 2 1
¡S
MENDMENTS BY WAY OF STATUTE LAW 2
A
REVISION ONLY 3
section 3 4
UCTIONEERS AND AGENTS ACT 1971 5
´A
Amendment 6
1. After section 130A-- 7
insert-- 8
`References to repealed Act 9
`130B. A reference in an Act or document to the Auctioneers and 10
Commission Agents Act 1922 or the Auctioneers, Real Estate Agents, Debt 11
Collectors and Motor Dealers Act 1922 is taken to be a reference to this 12
Act.'. 13
14
15
16
Explanatory note
17
The amendment inserts a provision to deal with references to an earlier repealed Act
18
that provided for substantially the same matters as this Act.
USINESS NAMES ACT 1962 19
´B
Amendments 20
1. After section 34-- 21
insert-- 22
57
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
`References to repealed Acts 1
`35. A reference in an Act or document to either of the following Acts is 2
taken to be a reference to this Act-- 3
· Registration of Firms Act 1902 4
· Registration of Firms Act 1942.'. 5
2. Section 3, definition "Minister"-- 6
omit. 7
8
9
Explanatory notes
10
Amendment 1 inserts a provision to deal with references to earlier repealed Acts that
11
provided for substantially the same matters as this Act.
12
Amendment 2 omits an unnecessary definition.
CORONERS ACT 1958 13
´
Amendment 14
1. Section 11(2) and (3)-- 15
omit. 16
17
Explanatory note
18
The amendment is consequential on a previous amendment and removes obsolete
19
provisions.
58
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
ORRECTIVE SERVICES ACT 1988 1
´C
Amendments 2
1. Section 5(5)-- 3
omit. 4
2. Section 43(3), from `Under Secretary'-- 5
omit, insert-- 6
`chief executive of the department responsible for the administration of 7
the Burials Assistance Act 1965 who must arrange for the disposal of the 8
body as provided under that Act.'. 9
3. Sections 61(2)(d) and 86(2)(d)-- 10
omit, insert-- 11
`(d) who is subject to an indefinite sentence under Part 10 of the 12
Penalties and Sentences Act 1992; or'. 13
4. Section 130(b), `prisoners declared to be habitual criminals'-- 14
omit, insert-- 15
`prisoners subject to indefinite sentences under Part 10 of the Penalties 16
and Sentences Act 1992'. 17
5. Section 182-- 18
omit. 19
6. Sections 183(1) and 184, from `or, in the case of'-- 20
omit. 21
59
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
7. Section 188(1)(d), from `or where'-- 1
omit. 2
8. Section 189(1)(d), from `or, where'-- 3
omit. 4
9. Sections 190(1) and 191, `, detention for a period or detention 5
during Her Majesty's pleasure'-- 6
omit, insert-- 7
`or detention'. 8
10. Section 192, `prerogative writ'-- 9
omit, insert-- 10
`prerogative order'. 11
11. Section 192-- 12
insert-- 13
`(2) In this section-- 14
"prerogative order" has the meaning given by the Judicial Review Act 15
1991.'. 16
12. Section 199(1) and (2), `Workers' Compensation Act 1916'-- 17
omit, insert-- 18
`Workers' Compensation Act 1990'. 19
60
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
13. Schedule 2-- 1
omit. 2
3
Explanatory notes
4
Amendments 1 and 13 omit transitional provisions.
5
Amendments 2, 10 and 12 update references.
6
Amendments 3 and 4 recast the provisions using the current terminology of the
7
Penalties and Sentences Act 1992.
8
Amendment 5 omits a spent provision.
9
Amendments 6 to 9 remove outdated references.
10
Amendment 11 is consequential on amendment 10.
ROWN PROCEEDINGS ACT 1980 11
´C
Amendment 12
1. After section 20-- 13
insert-- 14
`References to repealed Act 15
`21. A reference in an Act or document to the Crown Remedies Act 1874 16
is taken to be a reference to this Act.'. 17
18
19
20
Explanatory note
21
The amendment inserts a provision to deal with references to an earlier repealed Act
22
that provided for substantially the same matters as this Act.
61
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
DENTAL ACT 1971 1
´
Amendment 2
1. After section 42-- 3
insert-- 4
`References to repealed Act 5
`43. A reference in an Act or document to the Dental Act 1902 is taken to 6
be a reference to this Act.'. 7
8
9
10
Explanatory note
11
The amendment inserts a provision to deal with references to an earlier repealed Act
12
that provided for substantially the same matters as this Act.
ISPUTE RESOLUTION CENTRES ACT 1990 13
´D
Amendment 14
1. After section 5.8-- 15
insert-- 16
`Numbering and renumbering of Act 17
`5.9 Section 43 (Numbering and renumbering of provisions) of the 18
Reprints Act 1992 must be used in the next reprint of this Act produced 19
under the Reprints Act 1992.'. 20
21
Explanatory note
22
The amendment requires the Act (which is numbered by a decimal numbering
23
system) to be renumbered by the Reprints Act in accordance with current drafting
24
practice.
62
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
ISTRICT COURTS ACT 1967 1
´D
Amendments 2
1. Before section 5, heading, `Courts'-- 3
omit, insert-- 4
`Division 1--Courts'. 5
2. Before section 9, heading, `Judges'-- 6
omit, insert-- 7
`Division 2--Judges'. 8
3. Before section 28, heading, `Certiorari'-- 9
omit, insert-- 10
`Division 3--Prerogative writs'. 11
4. Before section 29, heading, `Order in lieu of mandamus'-- 12
omit. 13
5. Before section 30, heading, `Prohibition'-- 14
omit. 15
6. Before section 31, heading, `Practice in such cases'-- 16
omit. 17
7. Before section 33, heading, `Registries'-- 18
omit, insert-- 19
63
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
`Division 4--Registries'. 1
8. Before section 34, heading, `Officers'-- 2
omit, insert-- 3
`Division 5--Officers'. 4
9. Before section 46, heading, `General provisions relating to officers'-- 5
omit, insert-- 6
`Division 6--General provisions about officers'. 7
10. Before section 51, heading, `Barristers, solicitors and agents'-- 8
omit, insert-- 9
`Division 7--Barristers, solicitors and agents'. 10
11. Part 4, before section 58-- 11
insert-- 12
`Division 1--Criminal jurisdiction'. 13
12. Before section 61, heading, `Procedure'-- 14
omit, insert-- 15
`Division 2--Procedure'. 16
13. Part 5, before section 66-- 17
insert-- 18
`Division 1--Civil jurisdiction'. 19
64
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
14. Before section 75, heading, `Trial by jury'-- 1
omit, insert-- 2
`Division 2--Trial by jury'. 3
15. Before section 76, heading, `Evidence'-- 4
omit, insert-- 5
`Division 3--Evidence'. 6
16. Before section 77, heading, `Removal of actions'-- 7
omit, insert-- 8
`Division 4--Removal of actions'. 9
17. Before section 92, heading, `Appeal from a District Court to the 10
Court of Appeal'-- 11
omit. 12
18. Before section 97, heading, `Action on judgment'-- 13
omit. 14
19. Part 9, before section 101, heading, `Rules of court'-- 15
omit, insert-- 16
`Division 1--Rules of court'. 17
20. Before section 102, heading, `Fees and fines'-- 18
omit, insert-- 19
`Division 2--Fees and fines'. 20
65
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
21. Before section 105, heading, `Offences'-- 1
omit, insert-- 2
`Division 3--Offences'. 3
22. Before section 107-- 4
insert-- 5
`Division 4--General'. 6
7
Explanatory notes
8
Amendments 1 to 21 revise headings in accordance with current drafting practice.
9
Amendment 22 is consequential on amendments 19 to 21 and inserts a relevant
10
Division heading.
DUCATION (GENERAL PROVISIONS) ACT 1989 11
´E
Amendments 12
1. Section 62(3), `subsection (2)'-- 13
omit, insert-- 14
`subsection (1) or (2)'. 15
2. After section 78-- 16
insert-- 17
`PART 9--TRANSITIONAL PROVISIONS 18
`References to Education Act 1964 19
`79. A reference in an Act or document to the Education Act 1964 is 20
taken to be a reference to this Act.'. 21
66
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
1
Explanatory notes
2
Amendment 1 corrects a cross-reference.
3
Amendment 2 inserts a provision to deal with references to the Education Act 1964,
4
which has been repealed but the repeal has not commenced.
ACTORIES AND SHOPS ACT 1960 5
´F
Amendments 6
1. Section 73D(a), `$200'-- 7
omit, insert-- 8
`5 penalty units'. 9
2. Section 73D(b), `$1 000'-- 10
omit, insert-- 11
`20 penalty units'. 12
3. Section 93(4), `not less than four dollars and of not more than one 13
hundred dollars'-- 14
omit, insert-- 15
`not more than 2 penalty units'. 16
4. Section 93(4), `not less than twenty dollars and of not more than 17
four hundred dollars'-- 18
omit, insert-- 19
`not more than 8 penalty units'. 20
67
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
5. Section 93(4), `ten dollars'-- 1
omit, insert-- 2
`1 penalty unit'. 3
6. Section 97(1)(vii), `two hundred dollars'-- 4
omit, insert-- 5
`5 penalty units'. 6
7. Section 97(1)(vii), `twenty dollars'-- 7
omit, insert-- 8
`1 penalty unit'. 9
10
Explanatory note
11
Amendments 1 to 7 implement current drafting practice by converting monetary
12
penalties into penalty units.
IRE SERVICE ACT 1990 13
´F
Amendment 14
1. After section 153-- 15
insert-- 16
`References to fire safety officer 17
`153A. A reference in an Act or document to a fire safety officer within 18
the meaning of the Fire Safety Act 1974 is taken to be a reference to an 19
authorised fire officer within the meaning of this Act.'. 20
68
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
1
Explanatory note
2
The amendment inserts a provision to deal with references to a defined term in a
3
repealed Act that has been changed in this Act.
ISHERIES ACT 1994 4
´F
Amendments 5
1. Section 154(2)(b)(i), `suspected'-- 6
omit, insert-- 7
`suspect'. 8
2. Section 224, from `in existence'-- 9
omit, insert-- 10
`or documents'. 11
12
Explanatory notes
13
Amendment 1 corrects a minor error.
14
Amendment 2 extends the provision to deal with references in Acts or documents in
15
existence before or after the commencement of the Fisheries Act 1994.
FOOD ACT 1981 16
´
Amendment 17
1. Section 5(1), 2nd definition "Chief Health Officer"-- 18
omit. 19
69
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
1
Explanatory note
2
The amendment omits an unnecessary definition.
AWKERS ACT 1984 3
´H
Amendment 4
1. Section 6(1), definition "police establishment"-- 5
omit, insert-- 6
` "police establishment" has the same meaning as in section 10.10 (Police 7
establishments) of the Police Service Administration Act 1990.'. 8
9
Explanatory note
10
The amendment updates a definition.
EALTH ACT 1937 11
´H
Amendments 12
1. Section 5, definition "house", from `which is under' to `foreign 13
state'-- 14
omit, insert-- 15
`belonging to the Australian Defence Force or the defence force of a 16
foreign country'. 17
2. Section 12-- 18
omit. 19
70
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
3. Section 13(1B) to (1E), (1H), (1I) and (3) to (5)-- 1
omit. 2
4. Section 15(2) to (4)-- 3
omit, insert-- 4
`(2) The Director-General may approve forms for use under this Act.'. 5
5. Part 4, Division 2, heading `Prohibitions'-- 6
omit. 7
6. Section 105, as heading-- 8
insert-- 9
`Mixing other ingredients or material with a drug'. 10
7. Section 127(7)-- 11
omit, insert-- 12
`(7) In this section-- 13
"house" includes-- 14
(a) a caravan; and 15
(b) a structure that-- 16
(i) is designed or adapted for human habitation; and 17
(ii) can be moved from one place to another (whether by being 18
driven or towed or by being transported on a motor vehicle 19
or trailer).'. 20
71
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
8. Schedule B-- 1
omit. 2
3
Commencement
4
Amendments 4 and 8 commence on a day to be fixed by proclamation.
5
Explanatory notes
6
Amendment 1 updates a reference.
7
Amendments 2 and 3 primarily omit procedural provisions that are now dealt with in
8
the Statutory Instruments Act 1992.
9
Amendment 4 omits procedural detail, about prescribing forms, which is now dealt
10
with in section 47 of the Statutory Instruments Act 1992. The amendment also
11
removes a Henry VIII provision that allows the Act to be amended by regulation.
12
Amendment 5 omits an unnecessary heading in accordance with current drafting
13
practice.
14
Amendment 6 inserts a heading to a section.
15
Amendment 7 recasts a definition in accordance with current drafting practice.
16
Amendment 8 is consequential on amendment 4.
HEALTH SERVICES ACT 1991 17
´
Amendment 18
1. After section 8.13-- 19
insert-- 20
`Numbering and renumbering of Act 21
`8.14 Section 43 (Numbering and renumbering of provisions) of the 22
Reprints Act 1992 must be used in the next reprint of this Act produced 23
under the Reprints Act 1992.'. 24
72
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
1
Explanatory note
2
The amendment requires the Act (which is numbered by a decimal numbering
3
system) to be renumbered by the Reprints Act in accordance with current drafting
4
practice.
INDY CAR GRAND PRIX ACT 1990 5
´
Amendment 6
1. After section 4.10-- 7
insert-- 8
`Numbering and renumbering of Act 9
`4.11 Section 43 (Numbering and renumbering of provisions) of the 10
Reprints Act 1992 must be used in the next reprint of this Act produced 11
under the Reprints Act 1992.'. 12
13
Explanatory note
14
The amendment requires the Act (which is numbered by a decimal numbering
15
system) to be renumbered by the Reprints Act in accordance with current drafting
16
practice.
JUSTICE AND ATTORNEY-GENERAL 17
´
(MISCELLANEOUS PROVISIONS) ACT 1994 18
Amendment 19
1. Schedule, Amendments of Public Trustee Act 1978, amendment 68, 20
`the Governor in Council by a Proclamation'-- 21
omit, insert-- 22
`the Governor in Council by proclamation'. 23
73
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
1
Commencement
2
The amendment is taken to have commenced on 30 May 1994. This is the day the
3
original amendments to the Public Trustee Act 1978 in the Justice and
4
Attorney-General (Miscellaneous Provisions) Act 1994 commenced.
5
Explanatory note
6
The amendment corrects a minor technical error.
LAW COURTS AND STATE BUILDINGS 7
´
PROTECTIVE SECURITY ACT 1983 8
Amendments 9
1. Section 4, definition "firearm"-- 10
omit, insert-- 11
` "firearm" means a firearm within the meaning of the Weapons Act 12
1990.'. 13
2. Section 19, `referred to in section 28 of the Police Act 1937'-- 14
omit, insert-- 15
`of a police officer'. 16
3. Section 22(2), from `in accordance with' to `police force'-- 17
omit, insert-- 18
`under the Weapons Act 1990 as if it were a weapon in a police officer's 19
custody'. 20
74
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
1
Explanatory notes
2
Amendments 1 and 3 update references.
3
Amendment 2 removes a reference to a repealed Act.
INES REGULATION ACT 1964 4
´M
Amendments 5
1. Section 6(4)-- 6
omit. 7
2. Sections 26(1), 31(1), 57(6), 59(2), 65(4)(b), `$1 000'-- 8
omit, insert-- 9
`20 penalty units'. 10
3. Sections 26(1), 57(6), 59(2), `$100'-- 11
omit, insert-- 12
`2 penalty units'. 13
4. Section 31(1), `$200'-- 14
omit, insert-- 15
`5 penalty units'. 16
5. Sections 53(6), 65(4)(a) `$2 000'-- 17
omit, insert-- 18
`40 penalty units'. 19
75
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
1
Explanatory notes
2
Amendment 1 removes a Henry VIII provision that allows the Act to be amended by
3
order in council.
4
Amendments 2 to 5 convert monetary penalties into penalty units in accordance with
5
current drafting practice.
PAWNBROKERS ACT 1984 6
´
Amendment 7
1. Section 6(1), definition "police establishment"-- 8
omit, insert-- 9
` "police establishment" has the same meaning as in section 10.10 (Police 10
establishments) of the Police Service Administration Act 1990.'. 11
12
Explanatory note
13
The amendment updates a definition.
PETROLEUM ACT 1923 14
´
Amendment 15
1. Section 45(2), 2nd sentence, `Order in Council'-- 16
omit, insert-- 17
`Gazette notice'. 18
19
Commencement
20
The amendment is taken to have commenced on 23 July 1993.
76
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
1
Explanatory note
2
The amendment is a consequential amendment.
OLICE SERVICE ADMINISTRATION ACT 1990 3
´P
Amendments 4
1. Section 11.1(1), `or statutory instrument'-- 5
omit, insert-- 6
`or document'. 7
2. After section 11.1-- 8
insert-- 9
`References to repealed Act 10
`11.2 A reference in an Act or document to the Police Act 1937 is taken 11
to be a reference to this Act.'. 12
13
Explanatory notes
14
Amendment 1 brings the subsection into line with a more recent drafting precedent.
15
Amendment 2 inserts a provision to deal with references to an earlier repealed Act
16
that provided for substantially the same matters as this Act.
PROFESSIONAL ENGINEERS ACT 1988 17
´
Amendment 18
1. After section 70-- 19
insert-- 20
77
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
`References to repealed Act 1
`70A. A reference in an Act or document to the Professional Engineers 2
Act 1929 is taken to be a reference to this Act.'. 3
4
5
6
Explanatory note
7
The amendment inserts a provision to deal with references to an earlier repealed Act
8
that provided for substantially the same matters as this Act.
QUEENSLAND INSTITUTE OF MEDICAL 9
´
RESEARCH ACT 1945 10
Amendment 11
1. Section 13(2)(b), (2A), (5)(b) and (7)-- 12
omit. 13
14
Explanatory note
15
The amendments omit a reference to a section of the Financial Administration and
16
Audit Act 1977 that has been repealed.
QUEENSLAND SMALL BUSINESS CORPORATION 17
´
ACT 1990 18
Amendment 19
1. After section 6.8-- 20
insert-- 21
`Numbering and renumbering of Act 22
`6.9 Section 43 (Numbering and renumbering of provisions) of the 23
Reprints Act 1992 must be used in the next reprint of this Act produced 24
78
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
under the Reprints Act 1992.'. 1
2
Explanatory note
3
The amendment requires the Act (which is numbered by a decimal numbering
4
system) to be renumbered by the Reprints Act in accordance with current drafting
5
practice.
EGISTRATION OF BIRTHS, DEATHS AND 6
´R
MARRIAGES ACT 1962 7
Amendment 8
1. Section 38(2), `superintendant of the Mercantile Marine Office'-- 9
omit, insert-- 10
`marine crews officer of the Australian Maritime Safety Authority'. 11
12
Explanatory note
13
The amendment updates a reference.
SECOND-HAND DEALERS AND COLLECTORS ACT 14
´
1984 15
Amendment 16
1. Section 6(1), definition "police establishment"-- 17
omit, insert-- 18
` "police establishment" has the same meaning as in section 10.10 (Police 19
establishments) of the Police Service Administration Act 1990.'. 20
79
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
1
Explanatory note
2
The amendment updates a definition.
OUTH BANK CORPORATION ACT 1989 3
´S
Amendments 4
1. Schedule 7, clause 41(1)(b), `1(4)(a)(iia)'-- 5
omit, insert-- 6
`1(4)(d)'. 7
2. Schedule 7, clause 132(1), at end-- 8
insert-- 9
`in relation to the application'. 10
3. Schedule 7, Schedule 5, clause 4(2)-- 11
omit, insert-- 12
`(2) If a body corporate, the lessor or someone else fails to carry out a 13
responsibility imposed by subclause (1) and at least 7 days have passed 14
since the failure first happened, any other of them may take the lawful steps 15
necessary to ensure the responsibility is carried out.'. 16
4. Schedule 7, Schedule 5, clause 6(2)-- 17
omit, insert-- 18
`(2) If a body corporate, the lessor or someone else fails to carry out a 19
responsibility imposed by subclause (1) and at least 7 days have passed 20
since the failure first happened, any other of them may take the lawful steps 21
necessary to ensure the responsibility is carried out.'. 22
80
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
1
Explanatory notes
2
Amendment 1 amends an incorrect reference.
3
Amendment 2 corrects an omission.
4
Amendments 3 and 4 recast the provisions in accordance with current drafting
5
practice.
SUPERANNUATION (STATE PUBLIC SECTOR) ACT 6
´
1990 7
Amendment 8
1. After section 4.17-- 9
insert-- 10
`Numbering and renumbering of Act 11
`4.18 Section 43 (Numbering and renumbering of provisions) of the 12
Reprints Act 1992 must be used in the next reprint of this Act produced 13
under the Reprints Act 1992.'. 14
15
Explanatory note
16
The amendment requires the Act (which is numbered by a decimal numbering
17
system) to be renumbered by the Reprints Act in accordance with current drafting
18
practice.
RAFFIC ACT AMENDMENT ACT 1994 19
´T
Amendment 20
1. Section 44-- 21
omit, insert-- 22
81
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
`Replacement of s 44V (Effect of action under Part 4A of Justices Act) 1
44. Section 44V-- 2
omit, insert-- 3
`Photographic evidence--notices to accompany summons 4
`44V.(1) A summons served on a person for a camera-detected offence 5
must be accompanied by a notice informing the person that-- 6
(a) if the person wants to examine a copy of the photographic 7
evidence on which the offence is based--the person must ask the 8
Commissioner at least 14 days before the charge is heard; and 9
(b) if a request is made under paragraph (a)--the Commissioner will 10
make the copy available for examination at least 7 days before the 11
charge is heard; and 12
(c) if the person intends to challenge the photographic evidence at a 13
hearing--the person must give the Commissioner written notice 14
of the intention at least 3 days before the day fixed for the hearing. 15
`(2) A statement in a deposition made for section 56(3)(b) of the Justices 16
Act 1886 that the notice was served as required by subsection (1) is 17
evidence of that fact. 18
`(3) Section 56(5) of the Justices Act 1886 applies to the deposition.'. 19
20
Explanatory note
21
While the section has been replaced for drafting convenience, the amendment
22
corrects a minor error in section 44V(1)(a) only. No changes of substance have been
23
made.
82
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
OW-TRUCK ACT 1973 1
´T
Amendments 2
1. Section 1, `Tow-truck Act 1973'-- 3
omit, insert-- 4
`Tow Truck Act 1973'. 5
2. Section 12(2)(q), `Wireless Telegraphy Act 1905 (Cwlth)'-- 6
omit, insert-- 7
`Radiocommunications Act 1992 (Cwlth)'. 8
9
Explanatory notes
10
Amendment 1 implements current drafting practice about spelling.
11
Amendment 2 updates a reference.
OCATIONAL EDUCATION, TRAINING AND 12
´V
EMPLOYMENT ACT 1991 13
Amendments 14
1. Section 96(5)(h) and (i),`book'-- 15
omit. 16
2. After section 128-- 17
insert-- 18
`References to repealed Act 19
`129. A reference in an Act or document to the Employment, Vocational 20
Education and Training Act 1988 is taken to be a reference to this Act.'. 21
83
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 2 (continued)
1
Explanatory notes
2
Amendment 1 makes a minor technical amendment to paragraphs (h) and (i). The
3
amendment is consistent with section 93 (Training record).
4
Amendment 2 inserts a provision to deal with references to an earlier repealed Act
5
that provided for substantially the same matters as this Act.
ATER RESOURCES ACT 1989 6
´W
Amendment 7
1. After section 10.36-- 8
insert-- 9
`References to repealed Act 10
`10.37 A reference in an Act or document to the Water Act 1926 is taken 11
to be a reference to this Act.'. 12
13
Explanatory note
14
The amendment inserts a provision to deal with references to an earlier repealed Act
15
that provided for substantially the same matters as this Act.
84
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
CHEDULE 3 1
¡S
REPEAL OF UNCOMMENCED PROVISIONS AND 2
AMENDING ACTS WITH UNCOMMENCED 3
PROVISIONS 4
sections 3 and 4(1) 5
ART 1--REPEAL OF UNCOMMENCED 6
P
PROVISIONS 7
8
FAMILY SERVICES ACT 1987 9
´
1. Sections 18 to 55-- 10
omit. 11
2. Sections 61 to 67-- 12
omit. 13
3. Section 69-- 14
omit. 15
4. Schedule-- 16
omit. 17
85
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 3 (continued)
FOOD ACT 1981 1
´
1. Section 22-- 2
omit. 3
OBILE HOMES ACT 1989 4
´M
1. Section 7-- 5
omit. 6
PROFITEERING PREVENTION ACT 1948 7
´
1. Section 76-- 8
omit. 9
10
Explanatory note
11
These amendments remove provisions that have remained uncommenced for more
12
than 2 years. Most of the Acts are under review and omission of the uncommenced
13
provisions clarifies the Act's current operation. The amendments are part of the
14
Office of the Queensland Parliamentary Counsel's ongoing review of the statute
15
book. Once existing uncommenced provisions are either commenced or repealed, no
16
future difficulty will be experienced because unproclaimed provisions will
17
commence automatically under section 15DA of the Acts Interpretation Act 1954.
86
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 3 (continued)
ART 2--REPEAL OF AMENDING ACTS WITH 1
P
UNCOMMENCED PROVISIONS 2
Criminal Code, Evidence Act and Other Acts Amendment Act 1989 3
No. 17 4
Financial Administration and Audit Amendment Act 1991 No. 37 5
Land Tax Act and Another Act Amendment Act 1988 No. 40 6
Mortgages (Secondary Market) Act Amendment Act 1985 (No. 2) No. 107 7
Public Sector Legislation Amendment Act 1991 No. 34 8
Statute Law (Miscellaneous Provisions) Act 1992 No. 36 9
10
Explanatory note
11
These amending Acts contain provisions that have remained uncommenced for more
12
than 2 years. The provisions have been identified as not required and the repeal of
13
the Acts will clarify the status of the uncommenced provisions.
87
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
CHEDULE 4 1
¡S
EPEAL OF SUPERSEDED ACTS 2
R
section 4(1) 3
Beer Duty Act 1897 61 Vic No. 5 4
Bills of Exchange Act 1884 48 Vic No. 10 5
Bills of Exchange Act Amendment Act 1905 5 Edw 7 No. 7 6
British New Guinea (Queensland) Act 1887 51 Vic No. 9 7
Chinese Immigration Restriction Act 1888 53 Vic No. 22 8
Chinese Immigration Restriction Act 1888 Amendment Act 1890 54 Vic 9
No. 29 10
Copyright (Fine Arts) Registration Act 1892 56 Vic No. 6 11
Copyright Registration Act 1898 62 Vic No. 13 12
Copyright Registration Act (Queensland) 1887 51 Vic No. 2 13
Defence Act 1884 48 Vic No. 27 14
Defence Act Amendment Act 1891 55 Vic No. 17 15
Defence Act Amendment Act 1896 60 Vic No. 33 16
Defence Act Amendment Act 1900 64 Vic No. 29 17
Defence Act Amendment Act 1902 2 Edw 7 No. 16 18
Distillation from Sugar Act 1866 30 Vic No. 21 19
Distillation of Colonial Brandy for Fortifying Wine Act 1866 30 Vic 20
No. 23 21
Exportation of Arms Act 1900 64 Vic No. 8 22
Extradition Act (Queensland) 1877 41 Vic No. 2 23
Imported Sugar Refiners Act 1874 38 Vic No. 14 24
88
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 4 (continued)
(Increased Duties of Customs) Act 1865 29 Vic No. 2 1
Old Age Pensions Act 1908 8 Edw 7 No. 6 2
Pacific Cable Enabling Act 1900 64 Vic No. 15 3
Pacific Island Labourers Act 1880 44 Vic No. 17 4
Pacific Island Labourers Act 1880 Amendment Act 1884 47 Vic No. 12 5
Pacific Island Labourers Act 1880 Amendment Act 1885 49 Vic No. 17 6
Pacific Island Labourers Act Amendment Act 1886 50 Vic No. 6 7
Pacific Island Labourers (Extension) Act 1892 55 Vic No. 38 8
Patents, Designs, and Trade Marks Act 1884 48 Vic No. 13 9
Patents, Designs, and Trade Marks (Amendment) Act 1886 50 Vic No. 5 10
Patents, Designs, and Trade Marks (Amendment) Act 1890 54 Vic No. 8 11
Posts and Telegraph Act 1891 55 Vic No. 15 12
Quarantine Act 1886 50 Vic No. 25 13
Quinquennial Census Act 1875 39 Vic No. 2 14
Quinquennial Census Act 1875 Amendment Act 1889 53 Vic No. 5 15
Safety of Defences Act 1890 54 Vic No. 11 16
Trade Marks Act 1864 28 Vic No. 5 17
18
Explanatory note
19
These Acts were identified in the Public Acts of Queensland Reprint (1936) as
20
superseded by Commonwealth legislation but were never repealed. These Acts are
21
obsolete.
89
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
CHEDULE 5 1
¡S
EPEAL OF EXHAUSTED ACTS 2
R
section 4(1) 3
Additional Treasury Bills Act 1866 30 Vic No. 10 4
(Agent-General's Pension) Act 1881 45 Vic No. 15 5
(Appropriation) Act 1860 24 Vic No. 8 6
(Appropriation) Act 1860--1 24 Vic No. 17 7
(Appropriation) Act 1861 25 Vic No. 20 8
(Appropriation) Act 1862 26 Vic No. 10 9
(Appropriation) Act 1863 27 Vic No. 24 10
(Appropriation) Act 1864 28 Vic No. 27 11
(Appropriation) Act 1865 29 Vic No. 22 12
Appropriation Act 1866 30 Vic No. 24 13
Appropriation Act 1868 31 Vic No. 48 14
Appropriation Act 1869 32 Vic No. 1 15
Appropriation Act 1869 (No. 2) 33 Vic No. 16 16
Appropriation Act 1870 (No. 2) 34 Vic No. 21 17
(Appropriation) Act 1872 35 Vic No. 3 18
Appropriation Act 1872 (No. 2) 36 Vic No. 3 19
Appropriation Act 1872 (No. 3) 36 Vic No. 25 20
Appropriation Act 1873 37 Vic No. 6 21
Appropriation Act 1874 37 Vic No. 7 22
Appropriation Act 1874 (No. 2) 38 Vic No. 1 23
Appropriation Act 1874 (No. 3) 38 Vic No. 15 24
90
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 5 (continued)
Appropriation Act 1875-6 39 Vic No. 12 1
Appropriation Act 1876-7 (No. 1) 40 Vic No. 1 2
Appropriation Act 1876-7 (No. 2) 40 Vic No. 4 3
Appropriation Act 1876-7 (No. 3) 40 Vic No. 20 4
Appropriation Act 1877-8 (No. 1) 41 Vic No. 5 5
Appropriation Act 1877-8 (No. 2) 41 Vic No. 9 6
Appropriation Act 1877-8 (No. 3) 41 Vic No. 23 7
Appropriation Act 1878-9 (No. 1) 42 Vic No. 3 8
Appropriation Act 1878-9 (No. 2) 42 Vic No. 11 9
Appropriation Act 1878-9 (No. 3) 42 Vic No. 12 10
Appropriation Act 1878-9 (No. 4) 42 Vic No. 13 11
Appropriation Act 1879-80 (No. 1) 43 Vic No. 4 12
Appropriation Act 1879-80 (No. 2) 43 Vic No. 14 13
Appropriation Act 1880-1 (No. 1) 44 Vic No. 1 14
Appropriation Act 1880-1 (No. 2) 44 Vic No. 4 15
Appropriation Act 1880-1 (No. 3) 44 Vic No. 11 16
Appropriation Act 1880-1 (No. 4) 44 Vic No. 18 17
Appropriation Act 1881-2 (No. 1) 45 Vic No. 1 18
Appropriation Act 1881-2 (No. 2) 45 Vic No. 3 19
Appropriation Act 1881-2 (No. 3) 45 Vic No. 9 20
Appropriation Act 1882-3 (No. 1) 46 Vic No. 1 21
Appropriation Act 1882-3 (No. 2) 46 Vic No. 3 22
Appropriation Act 1882-3 (No. 3) 46 Vic No. 6 23
Appropriation Act 1882-3 (No. 4) 46 Vic No. 17 24
Appropriation Act 1883-4 (No. 1) 47 Vic No. 2 25
Appropriation Act 1883-4 (No. 2) 47 Vic No. 3 26
91
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 5 (continued)
Appropriation Act 1883-4 (No. 3) 47 Vic No. 8 1
Appropriation Act 1883-4 (No. 4) 47 Vic No. 11 2
Appropriation Act 1884-5 (No. 1) 48 Vic No. 1 3
Appropriation Act 1884-5 (No. 2) 48 Vic No. 16 4
Appropriation Act 1884-5 (No. 3) 48 Vic No. 26 5
Appropriation Act 1885-6 (No. 1) 49 Vic No. 1 6
Appropriation Act 1885-6 (No. 2) 49 Vic No. 19 7
Appropriation Act 1886-7 (No. 1) 50 Vic No. 1 8
Appropriation Act 1886-7 (No. 2) 50 Vic No. 28 9
Appropriation Act 1887-8 (No. 1) 51 Vic No. 1 10
Appropriation Act 1887-8 (No. 2) 51 Vic No. 12 11
Appropriation Act 1887-8 (No. 3) 51 Vic No. 16 12
Appropriation Act 1888-9 (No. 1) 51 Vic No. 17 13
Appropriation Act 1888-9 (No. 2) 52 Vic No. 1 14
Appropriation Act 1888-9 (No. 3) 52 Vic No. 11 15
Appropriation Act 1889-90 (No. 1) 53 Vic No. 3 16
Appropriation Act 1889-90 (No. 2) 53 Vic No. 21 17
Appropriation Act 1890-91 (No. 1) 54 Vic No. 1 18
Appropriation Act 1890-91 (No. 2) 54 Vic No. 4 19
Appropriation Act 1890-91 (No. 3) 54 Vic No. 12 20
Appropriation Act 1890-91 (No. 4) 54 Vic No. 27 21
Appropriation Act 1891-2 (No. 1) 55 Vic No. 2 22
Appropriation Act 1891-2 (No. 2) 55 Vic No. 9 23
Appropriation Act 1891-2 (No. 3) 55 Vic No. 36 24
Appropriation Act 1892-3 (No. 1) 56 Vic No. 4 25
Appropriation Act 1892-3 (No. 2) 56 Vic No. 19 26
92
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 5 (continued)
Appropriation Act 1892-3 (No. 3) 56 Vic No. 34 1
Appropriation Act 1893-94 (No. 1) 57 Vic No. 5 2
Appropriation Act 1893-94 (No. 2) 57 Vic No. 12 3
Appropriation Act 1893-94 (No. 3) 57 Vic No. 21 4
Appropriation Act 1894-95 (No. 1) 58 Vic No. 1 5
Appropriation Act 1894-95 (No. 2) 58 Vic No. 4 6
Appropriation Act 1894-95 (No. 3) 58 Vic No. 18 7
Appropriation Act 1894-95 (No. 4) 58 Vic No. 33 8
Appropriation Act 1895-96 (No. 1) 59 Vic No. 1 9
Appropriation Act 1895-96 (No. 2) 59 Vic No. 8 10
Appropriation Act 1895-96 (No. 3) 59 Vic No. 19 11
Appropriation Act 1895-96 (No. 4) 59 Vic No. 35 12
Appropriation Act 1896-97 (No. 1) 60 Vic No. 2 13
Appropriation Act 1896-97 (No. 2) 60 Vic No. 8 14
Appropriation Act 1896-97 (No. 3) 60 Vic No. 12 15
Appropriation Act 1896-97 (No. 4) 60 Vic No. 23 16
Appropriation Act 1897-98 (No. 1) 61 Vic No. 1 17
Appropriation Act 1897-98 (No. 2) 61 Vic No. 3 18
Appropriation Act 1897-98 (No. 3) 61 Vic No. 7 19
Appropriation Act 1897-98 (No. 4) 61 Vic No. 24 20
Appropriation Act 1898-99 (No. 1) 62 Vic No. 1 21
Appropriation Act 1898-99 (No. 2) 62 Vic No. 2 22
Appropriation Act 1898-99 (No. 3) 62 Vic No. 5 23
Appropriation Act 1898-99 (No. 4) 62 Vic No. 19 24
Appropriation Act 1899-1900 (No. 1) 63 Vic No. 2 25
Appropriation Act 1899-1900 (No. 2) 63 Vic No. 4 26
93
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 5 (continued)
Appropriation Act 1899-1900 (No. 3) 63 Vic No. 8 1
Appropriation Act 1899-1900 (No. 4) 63 Vic No. 15 2
Appropriation Act 1900--1901 (No. 1) 64 Vic No. 1 3
Appropriation Act 1900--1901 (No. 2) 64 Vic No. 4 4
Appropriation Act 1900--1901 (No. 3) 64 Vic No. 5 5
Appropriation Act 1900--1901 (No. 4) 64 Vic No. 23 6
Appropriation Act 1901--1902 (No. 1) 1 Edw 7 No. 1 7
Appropriation Act 1901--1902 (No. 2) 1 Edw 7 No. 6 8
Appropriation Act 1901--1902 (No. 3) 1 Edw 7 No. 8 9
Appropriation Act 1901--1902 (No. 4) 1 Edw 7 No. 15 10
Appropriation Act 1902-1903 (No. 1) 2 Edw 7 No. 2 11
Appropriation Act 1902-1903 (No. 2) 2 Edw 7 No. 5 12
Appropriation Act 1902-1903 (No. 3) 2 Edw 7 No. 9 13
Appropriation Act 1902-1903 (No. 4) 2 Edw 7 No. 11 14
Appropriation Act 1903-1904 (No. 1) 3 Edw 7 No. 1 15
Appropriation Act 1903-1904 (No. 2) 3 Edw 7 No. 3 16
Appropriation Act 1903-1904 (No. 3) 3 Edw 7 No. 11 17
Appropriation Act 1904-1905 (No. 1) 4 Edw 7 No. 1 18
Appropriation Act 1904-1905 (No. 2) 4 Edw 7 No. 2 19
Appropriation Act 1904-1905 (No. 3) 4 Edw 7 No. 19 20
Appropriation Act 1905-1906 (No. 1) 5 Edw 7 No. 2 21
Appropriation Act 1905-1906 (No. 2) 5 Edw 7 No. 4 22
Appropriation Act 1905-1906 (No. 3) 5 Edw 7 No. 22 23
Appropriation Act 1906-1907 (No. 1) 6 Edw 7 No. 1 24
Appropriation Act 1906-1907 (No. 2) 6 Edw 7 No. 4 25
Appropriation Act 1906-1907 (No. 3) 6 Edw 7 No. 17 26
94
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 5 (continued)
Appropriation Act 1906-1907 (No. 4) 6 Edw 7 No. 18 1
Appropriation Act 1907-1908 (No. 1) 7 Edw 7 No. 1 2
Appropriation Act 1907-1908 (No. 2) 7 Edw 7 No. 2 3
Appropriation Act 1907-1908 (No. 3) 8 Edw 7 No. 1 4
Appropriation Act 1907-1908 (No. 4) 8 Edw 7 No. 15 5
Appropriation Act 1908-1909 (No. 1) 8 Edw 7 No. 17 6
Appropriation Act 1908-1909 (No. 2) 8 Edw 7 No. 20 7
Appropriation Act 1909-1910 (No. 1) 9 Edw 7 No. 1 8
Appropriation Act 1909-1910 (No. 2) 9 Edw 7 No. 2 9
Appropriation Act 1909-1910 (No. 3) 9 Edw 7 No. 3 10
Appropriation Act 1909-1910 (No. 4) 9 Edw 7 No. 4 11
Appropriation Act 1909-1910 (No. 5) 9 Edw 7 No. 14 12
Appropriation Act 1910-1911 (No. 1) 1 Geo 5 No. 1 13
Appropriation Act 1910-1911 (No. 2) 1 Geo 5 No. 2 14
Appropriation Act 1910-1911 (No. 3) 1 Geo 5 No. 4 15
Appropriation Act 1910-1911 (No. 4) 1 Geo 5 No. 13 16
Appropriation Act 1911-1912 (No. 1) 2 Geo 5 No. 1 17
Appropriation Act 1911-1912 (No. 2) 2 Geo 5 No. 2 18
Appropriation Act 1911-1912 (No. 3) 2 Geo 5 No. 6 19
Appropriation Act 1911-1912 (No. 4) 2 Geo 5 No. 15 20
Appropriation Act 1912-1913 (No. 1) 3 Geo 5 No. 3 21
Appropriation Act 1912-1913 (No. 2) 3 Geo 5 No. 4 22
Appropriation Act 1912-1913 (No. 3) 3 Geo 5 No. 7 23
Appropriation Act 1912-1913 (No. 4) 3 Geo 5 No. 18 24
Appropriation Act 1913-1914 (No. 1) 4 Geo 5 No. 1 25
Appropriation Act 1913-1914 (No. 2) 4 Geo 5 No. 6 26
95
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 5 (continued)
Appropriation Act 1913-1914 (No. 3) 4 Geo 5 No. 11 1
Appropriation Act 1913-1914 (No. 4) 4 Geo 5 No. 22 2
Appropriation Act 1914-1915 (No. 1) 5 Geo 5 No. 1 3
Appropriation Act 1914-1915 (No. 2) 5 Geo 5 No. 6 4
Appropriation Act 1914-1915 (No. 3) 5 Geo 5 No. 18 5
Appropriation Act 1914-1915 (No. 4) 5 Geo 5 No. 27 6
Appropriation Act 1915-1916 (No. 1) 6 Geo 5 No. 1 7
Appropriation Act 1915-1916 (No. 2) 6 Geo 5 No. 3 8
Appropriation Act 1915-1916 (No. 3) 6 Geo 5 No. 7 9
Appropriation Act 1915-1916 (No. 4) 6 Geo 5 No. 29 10
Appropriation Act 1916-1917 (No. 1) 7 Geo 5 No. 1 11
Appropriation Act 1916-1917 (No. 2) 7 Geo 5 No. 2 12
Appropriation Act 1916-1917 (No. 3) 7 Geo 5 No. 20 13
Appropriation Act 1917-1918 (No. 1) 8 Geo 5 No. 1 14
Appropriation Act 1917-1918 (No. 2) 8 Geo 5 No. 2 15
Appropriation Act 1917-1918 (No. 3) 8 Geo 5 No. 6 16
Appropriation Act 1917-1918 (No. 4) 8 Geo 5 No. 14 17
Appropriation Act 1918-1919 (No. 1) 9 Geo 5 No. 1 18
Appropriation Act 1918-1919 (No. 3) 9 Geo 5 No. 10 19
Appropriation Act 1919-1920 (No. 1) 10 Geo 5 No. 1 20
Appropriation Act 1919-1920 (No. 2) 10 Geo 5 No. 2 21
Appropriation Act 1919-1920 (No. 3) 10 Geo 5 No. 4 22
Appropriation Act 1919-1920 (No. 4) 10 Geo 5 No. 13 23
Appropriation Act 1919-1920 (No. 5) 10 Geo 5 No. 19 24
Appropriation Act 1920-1921 (No. 1) 11 Geo 5 No. 1 25
Appropriation Act 1920-1921 (No. 2) 11 Geo 5 No. 3 26
96
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 5 (continued)
Appropriation Act 1920-1921 (No. 3) 11 Geo 5 No. 8 1
Appropriation Act 1921-1922 (No. 1) 12 Geo 5 No. 1 2
Appropriation Act 1921-1922 (No. 2) 12 Geo 5 No. 6 3
Appropriation Act 1921-1922 (No. 3) 12 Geo 5 No. 7 4
Appropriation Act 1922-1923 (No. 1) 13 Geo 5 No. 5 5
Appropriation Act 1922-1923 (No. 2) 13 Geo 5 No. 8 6
Appropriation Act 1923-1924 (No. 1) 14 Geo 5 No. 6 7
Appropriation Act 1923-1924 (No. 2) 14 Geo 5 No. 24 8
Appropriation Act 1924-1925 (No. 1) 15 Geo 5 No. 1 9
Appropriation Act 1924-1925 (No. 2) 15 Geo 5 No. 11 10
Appropriation Act 1925-1926 (No. 1) 16 Geo 5 No. 1 11
Appropriation Act 1925-1926 (No. 2) 16 Geo 5 No. 12 12
Appropriation Act 1926-1927 (No. 1) 17 Geo 5 No. 1 13
Appropriation Act 1926-1927 (No. 2) 17 Geo 5 No. 9 14
Appropriation Act 1926-1927 (No. 3) 17 Geo 5 No. 22 15
Appropriation Act 1927-1928 (No. 1) 18 Geo 5 No. 1 16
Appropriation Act 1927-1928 (No. 2) 18 Geo 5 No. 2 17
Appropriation Act 1927-1928 (No. 3) 18 Geo 5 No. 11 18
Appropriation Act 1928-1929 (No. 1) 19 Geo 5 No. 1 19
Appropriation Act 1928-1929 (No. 2) 19 Geo 5 No. 14 20
Appropriation Act 1929-1930 (No. 1) 20 Geo 5 No. 1 21
Appropriation Act 1929-1930 (No. 2) 20 Geo 5 No. 10 22
Appropriation Act 1930-1931 (No. 1) 21 Geo 5 No. 2 23
Appropriation Act 1930-1931 (No. 2) 21 Geo 5 No. 20 24
Appropriation Act 1930-1931 (No. 3) 21 Geo 5 No. 25 25
Appropriation Act 1931-1932 (No. 1) 22 Geo 5 No. 4 26
97
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 5 (continued)
Appropriation Act 1931-1932 (No. 3) 22 Geo 5 No. 23 1
Appropriation Act 1932-1933 (No. 1) 23 Geo 5 No. 1 2
Appropriation Act 1932-1933 (No. 2) 23 Geo 5 No. 13 3
Appropriation Act 1932-1933 (No. 3) 23 Geo 5 No. 15 4
Appropriation Act 1933-1934 (No. 1) 24 Geo 5 No. 2 5
Appropriation Act 1933-1934 (No. 2) 24 Geo 5 No. 12 6
Appropriation Act 1933-1934 (No. 3) 24 Geo 5 No. 15 7
Appropriation Act 1934-1935 (No. 1) 25 Geo 5 No. 1 8
Appropriation Act 1934-1935 (No. 2) 25 Geo 5 No. 12 9
Appropriation Act 1934-1935 (No. 3) 25 Geo 5 No. 17 10
Appropriation Act 1935-1936 (No. 2) 26 Geo 5 No. 14 11
Appropriation Act 1935-1936 (No. 3) 26 Geo 5 No. 21 12
Appropriation Act 1936-1937 (No. 1) 1 Edw 8 No. 1 13
Appropriation Act 1936-1937 (No. 2) 1 Edw 8 No. 11 14
Appropriation Act 1936-1937 (No. 3) 1 Edw 8 No. 20 15
Australasian Federation Enabling Act (Queensland) 1899 63 Vic No. 1 16
Australian Joint Stock Bank Act 1874 37 Vic* 17
Australian Joint Stock Bank Act Amendment Act 1887 51 Vic* 18
(Bank of Queensland) Act 1863 27 Vic* 19
Census Act 1880 44 Vic No. 5 20
Census Act for 1861 24 Vic No. 5 21
Census Act for 1864 27 Vic No. 5 22
Census Act for 1868 31 Vic No. 32 23
Census Act for 1871 34 Vic No. 23 24
(Commercial Bank) Act 1863 27 Vic* 25
Commonwealth Deposit Act 1912 3 Geo 5 No. 12 26
98
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 5 (continued)
Cook District Representation Act 1875 39 Vic No. 6 1
Gladstone Exchange of Land Act 1870 34 Vic No. 9 2
Government Loan Act 1861 25 Vic No. 3 3
Government Loan Act 1863 27 Vic No. 25 4
Government Loan Act 1864 28 Vic No. 28 5
Government Loan Act 1866 29 Vic No. 24 6
Government Loan Act 1870 34 Vic No. 2 7
Government Loan Act 1872 36 Vic No. 24 8
Government Loan Act 1875 39 Vic No. 8 9
Government Loan Act 1876 40 Vic No. 19 10
Government Loan Act 1877 41 Vic No. 22 11
Government Loan Act 1878 42 Vic No. 10 12
Government Loan Act 1879 43 Vic No. 6 13
Government Loan Act 1881 45 Vic No. 8 14
Government Loan Act 1882 46 Vic No. 16 15
Government Loan Act 1884 47 Vic No. 10 16
Government Loan Act 1884 (No. 2) 48 Vic No. 25 17
Government Loan Act 1889 53 Vic No. 16 18
Government Loans Sinking Fund Temporary Suspension Act 1917 8 19
Geo 5 No. 8 20
Kangaroo Point Church Land Sale Act 1872 36 Vic* 21
Land Orders Act 1872 36 Vic No. 7 22
Land Orders Act 1874 38 Vic No. 8 23
(Louis Hope Land Grant) Act 1867 31 Vic No. 2 24
Manumbar Sheep Destruction Act 1870 34 Vic No. 22 25
Marsupial Boards Act 1897 Amendment Act 1901 1 Edw 7 No. 18 26
99
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 5 (continued)
Marsupial Boards Acts Continuation Act 1904 4 Edw 7 No. 16 1
Marsupials Destruction Act Amendment Act 1887 51 Vic No. 13 2
Marsupials Destruction Act Continuation Act 1884 48 Vic No. 2 3
Marsupials Destruction Act Continuation Act 1885 49 Vic No. 6 4
Marsupials Destruction Act Continuation Act 1886 50 Vic No. 18 5
Marsupials Destruction Act Continuation Act 1888 52 Vic No. 10 6
Maryborough and Urangan Railway Act 1884 48 Vic* 7
Moreton Bay Tramway Act 1861 25 Vic* 8
Pacific Islanders' Employers' Compensation Act 1885 49 Vic No. 3 9
Pastoral Assessment Act 1864 28 Vic No. 20 10
Pensions Validating Act 1891 55 Vic No. 3 11
(Port Albany Free Port Declaration Act 1866 Repeal) Act 1876 40 Vic 12
No. 8 13
(Queensland Insurance Company) Act 1869 32 Vic 14
(Queensland Steam Navigation Company) Act 1861 25 Vic 15
Religious Instruction in State Schools Referendum Act 1908 8 Edw 7 16
No. 11 17
Selectors Relief Act 1878 42 Vic No. 6 18
Speaker's Pension Act 1870 34 Vic No. 4 19
Thomas Railway Act 1881 45 Vic No. 16 20
Treasury Bills Act 1866 30 Vic No. 8 21
Treasury Bills Act 1869 33 Vic No. 7 22
Treasury Bills Act 1872 35 Vic No. 2 23
Treasury Bills Act 1872 (No. 2) 36 Vic No. 18 24
Treasury Bills Act 1880 44 Vic No. 13 25
Treasury Bills Act 1891 55 Vic No. 8 26
100
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 5 (continued)
Treasury Bills Act 1893 56 Vic No. 36 1
Treasury Bills Act 1893 57 Vic No. 20 2
Treasury Bills Act 1901 1 Edw 7 No. 4 3
Treasury Bills Act 1902 2 Edw 7 No. 26 4
Treasury Bills Act 1893 Amendment Act 1895 58 Vic No. 33 5
Wheat Advances Agreement Ratification Act 1921 12 Geo 5 No. 25 6
7
Explanatory notes
8
These Acts were identified in the Public Acts of Queensland Reprint (1936) as Acts
9
whose operation was exhausted. These Acts do not contain expiry provisions and
10
were never repealed. The Acts are clearly obsolete.
11
Acts marked with an asterisk are private Acts.
101
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
CHEDULE 6 1
¡S
EPEAL OF OTHER EXHAUSTED ACTS 2
R
section 4(1) 3
Civil Service Acts Amendment Act 1894 58 Vic No. 29 4
Civil Service Acts Amendment Act 1895 59 Vic No. 16 5
6
Explanatory note
7
The operation of the first Act was listed in the Public Acts of Queensland Reprint
8
(1936) as exhausted. The Act does not contain an expiry provision.
9
The second Act was listed in the Public Acts of Queensland Reprint (1936) as
10
repealed impliedly by the Public Service Act 1896 s 2. The repealing Act repealed
11
the Civil Service Act 1889 and the Civil Service Act Amendment Act 1891 but not
12
the Civil Service Acts Amendment Act 1895.
13
The 2 Acts are obsolete.
Cumberland Disease Act 1866 30 Vic No. 4 14
15
Explanatory note
16
This Act was listed in the Public Acts of Queensland Reprint (1936) as repealed
17
`virtually' by the Diseases in Sheep Act 1867 s 1. The repealing Act makes no
18
mention of this Act. This Act is obsolete.
Rockhampton Waterworks Act 1875 39 Vic 19
20
Explanatory note
21
The Water Authorities Act 1891 provided in s 13 that the Governor in Council may by
22
proclamation declare that this Act is repealed. The reprint of the Water Authorities
102
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 6 (continued)
1
Act 1891 in the Public Acts of Queensland Reprint (1936) stated that this Act was
2
repealed by a proclamation under s 13. The proclamation cannot be located. To
3
remove any doubt this Act is repealed.
103
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
CHEDULE 7 1
¡S
REPEAL OF AMENDING ACTS 2
section 4(1) 3
Aboriginal and Torres Strait Islander Land (Consequential Amendments) 4
Act 1991 No. 76 5
Acquisition of Land Act Amendment Act 1969 No. 33 6
Acts Interpretation Act Amendment Act 1957 6 Eliz 2 No. 18 7
Acts Interpretation Act Amendment Act 1971 No. 43 8
Acts Interpretation Act Amendment Act 1977 No. 37 9
Acts Interpretation Act and Another Act Amendment Act 1989 No. 28 10
Acts Interpretation Acts Amendment Act 1960 9 Eliz 2 No. 14 11
Acts Interpretation Acts Amendment Act 1962 No. 2 12
Acts Interpretation Amendment Act 1991 No. 30 13
Adoption of Children Act Amendment Act 1972 No. 17 14
Adoption of Children Act Amendment Act 1979 No. 22 15
Adoption of Children Act Amendment Act 1981 No. 42 16
Adoption of Children Act Amendment Act 1983 No. 26 17
Adoption of Children Acts Amendment Act 1967 No. 14 18
Adoption of Children Acts and Another Act Amendment Act 1986 No. 35 19
Adoption Legislation Amendment Act 1991 No. 2 20
Anti-Discrimination Amendment Act 1992 No. 59 21
Anti-Discrimination Amendment Act 1994 No. 29 22
Anzac Day Act Amendment Act 1973 No. 6 23
Anzac Day Act Amendment Act 1976 No. 21 24
104
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 7 (continued)
Anzac Day Act Amendment Act 1985 No. 93 1
Anzac Day Acts Amendment Act 1964 No. 70 2
Appeal Costs Fund Act Amendment Act 1981 No. 25 3
Appointments (Clarification of Validity) Act 1991 No. 44 4
Auctioneers and Agents Act Amendment Act 1975 No. 82 5
Auctioneers and Agents Act Amendment Act 1977 No. 46 6
Auctioneers and Agents Act Amendment Act 1981 No. 26 7
Auctioneers and Agents Act Amendment Act 1985 No. 94 8
Auctioneers and Agents Act Amendment Act 1988 No. 22 9
Auctioneers and Agents Act and Another Act Amendment Act 1972 10
No. 36 11
Audit and Parliamentary Committees (Miscellaneous Amendments) Act 12
1992 No. 45 13
Audit Legislation Amendment Act 1993 No. 9 14
Bail Act Amendment Act 1982 No. 56 15
Bail Act Amendment Act 1984 No. 11 16
Bail Act and Another Act Amendment Act 1989 No. 38 17
Bail Act and Other Acts Amendment Act 1988 No. 105 18
Bail Amendment Act 1993 No. 34 19
Bills of Sale and Other Instruments Act and Other Acts Amendment Act 20
1971 No. 10 21
Brands Act Amendment Act 1916 7 Geo 5 No. 3 22
Brands Act Amendment Act 1975 No. 46 23
Brands Act Amendment Act 1979 No. 64 24
Brands Act and Another Act Amendment Act 1974 No. 79 25
Brands Acts Amendment Act 1937 1 Geo 6 No. 17 26
105
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 7 (continued)
Brands Acts Amendment Act 1940 4 Geo 6 No. 10 1
Brands Acts Amendment Act 1965 No. 39 2
Building Act Amendment Act 1978 No. 47 3
Building Act Amendment Act 1981 No. 53 4
Building Act Amendment Act 1984 No. 45 5
Building Act Amendment Act 1984 (No. 2) No. 114 6
Building Act Amendment Act 1987 No. 69 7
Building and Construction Industry (Portable Long Service Leave) 8
Amendment Act 1993 No. 66 9
Business Names Act Amendment Act 1965 No. 50 10
Business Names Act Amendment Act 1979 No. 19 11
Cairns Casino Agreement Amendment Act 1993 No. 74 12
Chiropractic Manipulative Therapists Act Amendment Act 1988 No. 3 13
City of Brisbane Town Planning Act and Another Act Amendment Act 14
1977 No. 22 15
Civil Aviation (Carriers' Liability) Act Amendment Act 1970 No. 38 16
Classification of Films Amendment Act 1993 No. 15 17
Collections Act Amendment Act 1975 No. 34 18
Collections Act Amendment Act 1977 No. 48 19
Collections Act Amendment Act 1981 No. 34 20
Collections Act Amendment Act 1989 No. 6 21
Commissions of Inquiry Act Amendment Act 1954 3 Eliz 2 No. 38 22
Commissions of Inquiry Act Amendment Act 1987 No. 59 23
Commissions of Inquiry Act Amendment Act 1988 No. 30 24
Commissions of Inquiry Act and Other Acts Amendment Act 1988 No. 58 25
Commissions of Inquiry Act Amendment Act 1989 No. 2 26
106
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 7 (continued)
Common Law Practice Act Amendment Act 1915 6 Geo 5 No. 22 1
Common Law Practice Act Amendment Act 1964 No. 38 2
Common Law Practice Act Amendment Act 1970 No. 44 3
Common Law Practice Act Amendment Act 1972 No. 34 4
Common Law Practice and Limitation of Actions Acts Amendment Act 5
1981 No. 87 6
Community Services (Aborigines) Act Amendment Act 1986 No. 43 7
Community Services (Torres Strait) Act Amendment Act 1986 No. 44 8
Companies Act Amendment Act 1971 No. 8 9
Companies (Consequential Amendments) Act 1981 No. 111 10
Constitution (Office of Governor) Act Amendment Act 1989 No. 71 11
Coroners Act Amendment Act 1972 No. 16 12
Coroners Act Amendment Act 1976 No. 17 13
Coroners Act and Another Act Amendment Act 1977 No. 49 14
Corporations (Consequential Amendments) Act 1990 No. 99 15
Corporations (Queensland) Amendment Act 1991 No. 62 16
Corrective Services Amendment Act 1991 No. 55 17
Corrective Services (Administration) Amendment Act 1994 No. 22 18
Credit Amendment Act 1991 No. 31 19
Criminal Code Amendment Act 1913 4 Geo 5 No. 23 20
Criminal Code Amendment Act 1913 (No. 2) 4 Geo 5 No. 25 21
Criminal Code Amendment Act 1914 5 Geo 5 No. 22 22
Criminal Code Amendment Act 1939 3 Geo 6 No. 28 23
Criminal Code Amendment Act 1943 7 Geo 6 No. 14 24
Criminal Code Amendment Act 1946 10 Geo 6 No. 22 25
Criminal Code Amendment Act 1957 6 Eliz 2 No. 1 26
107
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 7 (continued)
Criminal Code Amendment Act 1964 No. 14 1
Criminal Code Amendment Act 1973 No. 53 2
Criminal Code Amendment Act 1976 No. 25 3
Criminal Code Amendment Act 1984 No. 28 4
Criminal Code Amendment Act 1986 No. 1 5
Criminal Code and Bail Act Amendment Act 1984 No. 32 6
Criminal Code and Justices Acts Amendment Act 1956 5 Eliz 2 No. 5 7
Criminal Code and Other Acts Amendment Act 1961 10 Eliz 2 No. 11 8
Criminal Code and the Justices Act Amendment Act 1975 No. 27 9
Criminal Code and the Justices Act and Another Act (Stock Offences) 10
Amendment Act 1973 No. 88 11
Criminal Code Correction of Errors Act 1900 64 Vic No. 7 12
Criminal Code (Prohibition of Secret Commissions) and Further 13
Amendment Act 1931 22 Geo 5 No. 40 14
Criminal Justice Amendment Act 1992 No. 16 15
Criminal Justice Amendment Act (No. 2) 1992 No. 18 16
Criminal Justice Amendment Act 1993 No. 75 17
Criminal Law Amendment Act 1946 11 Geo 6 No. 6 18
Criminal Law Amendment Act 1948 12 Geo 6 No. 48 19
Criminal Law Amendment Act 1979 No. 2 20
Criminal Law Amendment Act 1982 (No. 2) No. 59 21
Criminal Law Amendment Act 1993 No. 65 22
Criminal Law (Escaped Prisoners) Amendment Act 1992 No. 25 23
Dairy Produce Acts and Other Acts Amendment Act 1934 25 Geo 5 24
No. 11 25
Dental Act Amendment Act 1973 No. 90 26
108
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 7 (continued)
Dental Act Amendment Act 1984 No. 81 1
Dental Act Amendment Act 1987 No. 75 2
Dental Amendment Act 1991 No. 56 3
Director of Prosecutions Act and Justices Act Amendment Act 1985 4
No. 25 5
Diseases in Stock Act and Brands Acts Amendment Act 1931 22 Geo 5 6
No. 34 7
District and Magistrates Courts Acts and Property Law Act Amendment 8
Act 1982 No. 51 9
District Courts Act Amendment Act 1969 No. 16 10
District Courts Act Amendment Act 1972 No. 7 11
District Courts Act Amendment Act 1985 No. 53 12
District Courts Act and Other Acts Amendment Act 1989 No. 40 13
District Courts' and Magistrates Courts' Jurisdiction Act 1976 No. 19 14
Dividing Fences Act Amendment Act 1972 No. 13 15
Dividing Fences Act and Another Act Amendment Act 1982 No. 40 16
Domestic Violence (Family Protection) Amendment Act 1992 No. 46 17
Drugs Misuse Act Amendment Act 1987 No. 53 18
Drugs Misuse Act Amendment Act 1989 No. 34 19
Elections Act and the Criminal Code Amendment Act 1973 No. 8 20
Elections Acts and the Criminal Code Amendment Act 1952 1 Eliz 2 No. 4 21
Evidence Act Amendment Act 1981 No. 3 22
Evidence Act Amendment Act 1984 No. 71 23
Evidence and Discovery Acts and Other Acts Amendment Act 1960 9 24
Eliz 2 No. 22 25
Financial Administration and Audit Act Amendment Act 1978 No. 80 26
Financial Administration and Audit Act Amendment Act 1981 No. 89 27
109
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 7 (continued)
Financial Administration and Audit Act Amendment Act 1985 No. 82 1
Financial Administration and Audit Act and Another Act Amendment Act 2
1988 No. 49 3
Food Act Amendment Act 1989 No. 72 4
Food Act and Health Act Amendment Act 1984 No. 22 5
Foreign Ownership of Land Register Act Amendment Act 1989 No. 3 6
Foreign Ownership of Land Register Act Amendment Act 1990 No. 106 7
Forestry Act Amendment Act 1964 No. 15 8
Forestry Act Amendment Act 1968 No. 33 9
Forestry Act Amendment Act 1971 No. 25 10
Forestry Act Amendment Act 1976 No. 9 11
Forestry Act Amendment Act 1979 No. 10 12
Forestry Act Amendment Act 1984 No. 86 13
Forestry Act Amendment Act 1987 No. 44 14
Forestry Act Amendment Act 1991 No. 13 15
Forestry Act and Another Act Amendment Act 1974 No. 33 16
Freedom of Information Amendment Act 1993 No. 59 17
Gaming Machine Amendment Act 1992 No. 35 18
Gaming Machine Amendment Act 1993 No. 63 19
Gladstone Power Station Agreement Amendment Act 1994 No. 5 20
Grain Industry (Restructuring) Amendment Act 1993 No. 40 21
Hawkers Act Amendment Act 1985 No. 60 22
Health Act Amendment Act 1939 3 Geo 6 No. 34 23
Health Act Amendment Act 1971 No. 20 24
Health Act Amendment Act 1975 No. 70 25
Health Act Amendment Act 1976 No. 41 26
110
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 7 (continued)
Health Act Amendment Act 1976 (No. 2) No. 88 1
Health Act Amendment Act 1978 No. 65 2
Health Act Amendment Act 1979 No. 46 3
Health Act Amendment Act 1980 No. 26 4
Health Act Amendment Act 1980 (No. 2) No. 61 5
Health Act Amendment Act 1981 No. 77 6
Health Act Amendment Act 1982 No. 57 7
Health Act Amendment Act 1984 No. 26 8
Health Act Amendment Act 1984 (No. 2) No. 103 9
Health Act Amendment Act 1987 No. 22 10
Health Act Amendment Act 1988 No. 25 11
Health Act and Food Act Amendment Act 1990 No. 59 12
Health Acts Amendment Act 1941 5 Geo 6 No. 8 13
Health Acts Amendment Act 1943 7 Geo 6 No. 24 14
Health Acts Amendment Act 1946 10 Geo 6 No. 40 15
Health Acts Amendment Act 1946 (No. 2) 11 Geo 6 No. 9 16
Health Acts Amendment Act 1948 13 Geo 6 No. 16 17
Health Acts Amendment Act 1955 4 Eliz 2 No. 38 18
Health Acts Amendment Act 1959 8 Eliz 2 No. 57 19
Health Acts Amendment Act 1960 9 Eliz 2 No. 49 20
Health Acts Amendment Act 1962 No. 27 21
Health Acts Amendment Act 1964 No. 71 22
Health Acts Amendment Act 1966 No. 25 23
Health Acts Amendment Act 1968 No. 19 24
Health Acts Amendment Act 1968 (No. 2) No. 54 25
Health Legislation Amendment Act 1993 No. 79 26
111
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 7 (continued)
Industrial Relations Amendment Act 1992 No. 62 1
Industrial Relations Reform Act 1994 No. 12 2
Integrated Resort Development Amendment Act 1991 No. 94 3
Integrated Resort Development Amendment Act 1993 No. 46 4
Intellectually Disabled Citizens Amendment Act 1993 No. 55 5
Judges' Pensions Act Amendment Act 1984 No. 10 6
Judges' Pensions Act Amendment Act 1984 (No. 2) No. 98 7
Judges' (Pensions and Long Leave) Amendment Act 1992 No. 14 8
Judges' Salaries and Pensions Act Amendment Act 1970 No. 2 9
Judges' Salaries and Pensions Act Amendment Act 1971 No. 22 10
Judges' Salaries and Pensions Act Amendment Act 1973 No. 21 11
Judges' Salaries and Pensions Act Amendment Act 1984 No. 75 12
Judges' Salaries and Pensions Act Amendment Act 1989 No. 46 13
Judges' Salaries and Pensions Act and Another Act Amendment Act 1980 14
No. 16 15
Jurisdiction of Courts (Cross-vesting) Amendment Act 1993 No. 41 16
Jury Act Amendment Act 1972 No. 35 17
Jury Act Amendment Act 1978 No. 78 18
Jury Act Amendment Act 1981 No. 29 19
Jury Act Amendment Act 1991 (No. 2) No. 80 20
Jury Act Amendment Act 1982 No. 62 21
Jury Act Amendment Act 1990 No. 46 22
Jury Act and Oaths Act Amendment Act 1988 No. 26 23
Jury Act and Other Acts Amendment Act 1976 No. 39 24
Jury Acts Amendment Act 1956 5 Eliz 2 No. 6 25
Jury Acts Amendment Act 1958 7 Eliz 2 No. 60 26
112
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 7 (continued)
Jury Acts Amendment Act 1967 No. 16 1
Jury Acts and Another Act Amendment Act 1964 No. 41 2
Justice and Attorney-General Legislation (Miscellaneous Provisions) Act 3
1993 No. 68 4
Justice and Attorney-General (Miscellaneous Provisions) Act 1994 No. 24 5
Justice Legislation (Miscellaneous Amendments) Act 1991 No. 42 6
Justices Act Amendment Act 1909 9 Edw 7 No. 11 7
Justices Act Amendment Act 1929 20 Geo 5 No. 32 8
Justices Act Amendment Act 1973 No. 22 9
Justices Act Amendment Act 1977 (No. 2) No. 33 10
Justices Act Amendment Act 1980 No. 32 11
Justices Act and Other Acts Amendment Act 1968 No. 14 12
Justices Act and Another Act Amendment Act 1974 No. 25 13
Justices Act and the Criminal Code Amendment Act 1978 No. 10 14
Justices Acts Amendment Act 1942 6 Geo 6 No. 17 15
Justices Acts Amendment Act 1958 7 Eliz 2 No. 39 16
Justices Acts Amendment Act 1960 9 Eliz 2 No. 46 17
Land Sales Act Amendment Act 1985 No. 43 18
Land Sales Act Amendment Act (No. 2) 1985 No. 105 19
Land Title Amendment Act 1994 No. 33 20
Lands Legislation Amendment Act 1992 No. 64 21
Law Courts and State Buildings Protective Security Act Amendment Act 22
1989 No. 80 23
Law Courts and State Buildings Protective Security Act Amendment Act 24
1993 No. 17 25
Legal Aid Act Amendment Act 1986 No. 3 26
113
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 7 (continued)
Legal Aid Act Amendment Act 1989 No. 73 1
Legal Aid Act Amendment Act 1990 No. 6 2
Liquor Act and Other Acts Amendment Act 1985 No. 81 3
Medical and Paramedical (Amendment of Inspectorial and Audit 4
Provisions) Act 1987 No. 10 5
Members (E.A.R.C. and C.J.C.) Act 1990 No. 1 6
Mental Health Act, Criminal Code and Health Act Amendment Act 1984 7
No. 66 8
Mining Act and Other Acts Amendment Act 1982 No. 23 9
Mixed Use Development Amendment Act 1993 No. 80 10
Nursing Studies Act and Other Acts Amendment Act 1984 No. 74 11
Offence Notices Legislation Amendment Act 1992 No. 23 12
Penalties and Sentences Legislation Amendment Act 1993 No. 36 13
Prostitution Laws Amendment Act 1992 No. 65 14
Public Service (Administrative Arrangements) Act 1990 No. 73 15
Public Service (Administrative Arrangements) Act (No. 2) 1990 No. 80 16
Registration of Births, Deaths and Marriages Act and Another Act 17
Amendment Act 1967 No. 11 18
Small Claims Tribunals and Dividing Fences Acts Amendment Act 1985 19
No. 77 20
South Bank Corporation Amendment Act 1991 No. 67 21
Statute Law (Miscellaneous Provisions) Act 1989 No. 103 22
Statute Law (Miscellaneous Provisions) Act 1990 No. 88 23
Statute Law (Miscellaneous Provisions) Act 1993 No. 32 24
Statute Law (Miscellaneous Provisions) Act (No. 2) 1993 No. 76 25
Stock Act and Another Act Amendment Act 1978 No. 64 26
Treasury Legislation Amendment Act 1994 No. 31 27
114
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 7 (continued)
Trust Accounts Act and Another Act Amendment Act 1978 No. 70 1
Whistleblowers (Interim Protection) and Miscellaneous Amendments Act 2
1990 No. 79 3
4
Explanatory notes
5
These are amending Acts enacted before 1 July 1994 ("pre-1 July 1994 Acts") whose
6
purpose ended when the last of the amending provisions took effect. Section 19 of the
7
Acts Interpretation Act 1954 preserves the effect of amending Acts that are repealed.
8
Unlike amending Acts enacted after 1 July 1994, they are not automatically repealed
9
by section 22C of the Acts Interpretation Act 1954.
10
Pre-1 July 1994 Acts are being repealed as part of the Office of Queensland
11
Parliamentary Counsel's continuing review of the statute book.
12
It is proposed to repeal all unrepealed amending Acts that have commenced as soon
13
as possible.
14
Their repeal will make it easier for users of legislation to be completely sure all
15
provisions have become part of the amended Act. At the present time, substantive
16
provisions can still be found in some pre-1 July 1994 Acts. As part of the review,
17
substantive provisions that are still needed will be relocated into the Acts that are
18
amended.
115
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
CHEDULE 8 1
¡S
THER ACTS REPEALED 2
O
section 4(1) 3
Appropriation Act 1992 No. 39 4
Appropriation Act (No. 2) 1992 No. 47 5
Appropriation Act 1993 No. 33 6
Associations (Natural Disaster) Relief Act 1976 No. 2 7
Australian and New Zealand Banking Group Act 1970* 8
Bank of Adelaide Merger Act 1980 No. 55 9
Bank of New South Wales Amendment Act 1864 28 Vic 10
Bank of New South Wales Amendment Act 1925 16 Geo 5 11
Burdekin River High Level Bridge (Finance) Act 1958 7 Eliz 2 No. 49 12
Collinsville-Townsville-Mount Isa Railway Agreement Act 1961 10 Eliz 2 13
No. 53 14
Commercial Banking Company of Sydney Limited Merger Act 1982* 15
Commercial Bank of Australia Limited Merger Act 1982* 16
Constitution (Executive Actions Validity) Act 1988 No. 66 17
Decimal Currency Act 1965 No. 61. 18
Enterprise Zones Act 1988 No. 86 19
Fishing Industry Organization and Marketing Act and Another Act 20
Amendment Act 1984 No. 29 21
Law Reform (Legitimacy of Children of Voidable Marriages) Act 1955 4 22
Eliz 2 No. 20 23
Legal Practitioners Act 1905 5 Edw 7 No. 10 24
Liverpool and London and Globe Insurance Company's Act 1877 41 Vic 25
116
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 8 (continued)
Local Government Finance Act 1950 14 Geo 6 No. 27 1
Local Government Finance Act 1952 1 Eliz 2 No. 18 2
Pensions Act 1891 55 Vic No. 28 3
Public Officers Fees Act 1884 48 Vic No. 5 4
Queensland Permanent Building Society Act 1977 No. 60 5
Queensland Statutes (1962 Reprint) Act 1962 11 Eliz 2 No. 15 6
Queensland Trustees, Limited, Act 1892 56 Vic 7
Railways (Capital Indebtedness) Reduction Act 1931 22 Geo 5 No. 33 8
Railways (Capital Indebtedness) Reduction Act Amendment Act 1942 6 9
Geo 6 No. 33 10
Snowy Mountains Engineering Corporation (Queensland) Act 1971 No. 6 11
Snowy Mountains Engineering Corporation (Queensland) Act Amendment 12
Act 1974 No. 65 13
Somerset Dam (Finance) Act 1954 3 Eliz 2 No. 50 14
Statutes Reprint Act 1936 1 Edw 8 No. 30 15
Trustee Companies Act 1963 No. 24 16
Union Trustee Company of Australia, Limited, Acts Amendment Act 1959 17
8 Eliz 2 No. 38 18
Water Act and Another Act Amendment Act 1973 No. 10 19
20
Explanatory notes
21
These Acts have been identified as obsolete.
22
Acts marked with an asterisk are private Acts.
117
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
CHEDULE 9 1
¡S
IMPERIAL AND NEW SOUTH WALES ACTS WHOSE 2
APPLICATION TO QUEENSLAND ENDS 3
section 4(2) 4
PART 1--IMPERIAL ACTS 5
Colonial Courts of Admiralty Act 1890 6
7
Explanatory note
8
This is an Imperial Act applying in Queensland whose effect has ended.
ART 2--NEW SOUTH WALES ACTS 9
P
Bank of New South Wales Act 1828 9 Geo 4 No. 3 10
Bank of New South Wales Act 1850 14 Vic* 11
Bank of New South Wales Amendment Act 1852 16 Vic* 12
Bank of New South Wales Amendment Act 1854 18 Vic* 13
Fugitive Offenders Act 1850 14 Vic No. 7 14
15
Explanatory notes
16
These are New South Wales Acts applying in Queensland whose effect has ended.
17
Acts marked with an asterisk are private Acts.
118
Statute Law (Miscellaneous Provisions) Bill
(No. 2)
SCHEDULE 10 1
¡
DECLARED LAWS WHOSE REPEAL DOES NOT END 2
THEIR EFFECT 3
section 4(3) 4
Australia and New Zealand Banking Group Act 1970* 5
Bank of Adelaide Merger Act 1980 No. 55 6
Bank of New South Wales Act 1850 14 Vic 7
Bank of New South Wales Amendment Act 1925 16 Geo 5 8
Commerical Banking Company of Sydney Limited Merger Act 1982* 9
Commercial Bank of Australia Limited Merger Act 1982* 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
Acts marked with an asterisk are private Acts.
15
© State of Queensland 1994
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