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Statute Law (Miscellaneous Provisions)
STATUTE LAW (MISCELLANEOUS
PROVISIONS) BILL 1998
EXPLANATORY NOTES
Policy objective and reasons for it
The objective of this Bill is to further the aim of ensuring that the
Queensland statute book is of the highest standard. This Bill does this by
making amendments that are concise, of a minor nature and
non-controversial to 23 Acts.
The Bill provides an opportunity to make amendments that, taken alone,
would be of insufficient importance to justify separate legislation.
However, the cumulative effect of the amendments has an impact on the
overall quality of Queensland law.
Way in which policy objective is achieved
The Bill includes a range of minor amendments.
These include the following -
· amendments to the Acquisition of Land Act 1967 to update
references to local governments, to update references to certain
Acts, to clarify the operation of a proviso, and to replace the plural
form of a word with the correct singular form.
· amendments to the Acts Interpretation Act 1954 to provide that
the purposive approach to statutory interpretation may be applied
to a provision of an Act and to provide for the backwards
calculation of a period of time as well as a date.
· an amendment to the Ambulance Service Act 1991 to update a
reference to an Act.
· an amendment to the Beach Protection Act 1968 to correct a
minor typographical error.
· amendments to the Community Services (Torres Strait) Act 1984
to remove a spent provision and update a reference to the
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Statute Law (Miscellaneous Provisions)
Tamwoy community to recognise the new name of the residents
of the area as the TRAWQ communities.
· amendments to the Dental Technicians and Dental Prosthetists
Act 1991 to ensure that the penalties prescribed for contraventions
of the by-laws have effect.
· amendments to the Education (General Provisions) Act 1989 to
omit a redundant cross reference and update a reference to a
position description.
· an amendment to the Education (Senior Secondary School
Studies) Act 1988 to correct an incorrect cross reference to a
section.
· an amendment to the Electricity - National Scheme (Queensland)
Act 1997 to correct a section heading.
· an amendment to the Farm Produce Marketing Act 1964 to omit
superfluous words.
· amendments to the Gladstone Area Water Board Act 1984 to
adjust section 106 of the Act following the repeal of the
Insurance Act 1960.
· amendments to the Land Act 1994 to provide for gender neutral
language, to adjust the spelling of an expression for consistency
with its use in the rest of the Act, to clarify the effect of a section
and to remove a redundant part heading.
· an amendment to the Legislative Standards Act 1992 so that
explanatory notes are provided for all Bills presented to the
Legislative Assembly.
· an amendment to the Medical Act 1939 to correct a subsection
number that was not updated when the section was renumbered.
· amendments to the Public Service Act 1996 to remove any doubt
about the way the Anti-Discrimination Commission and the
Health Rights Commission are to be treated for the purpose of the
Financial Administration and Audit Act 1977 and amendments to
the Act which are consequential on the updating of references to
the repealed Industrial Relations Act 1990.
· an amendment to the Rural Adjustment Authority Act 1994 to
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Statute Law (Miscellaneous Provisions)
omit an obsolete division heading.
· an amendment to the State Counter-Disaster Organisation Act
1975 to omit a part heading where the part has expired.
· an amendment to the State Financial Institutions and Metway
Merger Facilitation Act 1996 to correct the description of an
Australian Company Number.
· an amendment to the Transport (Gladstone East End To
Harbour Corridor) Act 1996 to replace schedules 1, 2 and 4 of
the Act following a realignment of part of the corridor and the
surveying of land required for the corridor.
· amendments to the Transport Infrastructure Act 1994 to continue
the operation of certain transitional provisions which are still
required, to remove redundant provisions and to correct an
existing section heading.
· amendments to the Transport Operations (Road Use
Management) Act 1995 to continue for a further year the
operation of transitional provisions that are still required.
· an amendment to the Valuation of Land Act 1944 to correct a
section reference.
· amendments to the Workplace Health and Safety Act 1995 to
correct a subsection number and provision heading, to correct a
reference, and to omit a redundant division heading.
Alternatives to the Bill
The policy objective can only be achieved by statutory amendments.
Administrative cost to government
There will be no administrative costs to the government arising from the
implementation of the Bill.
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Statute Law (Miscellaneous Provisions)
Consistency with fundamental legislative principles
The Bill is consistent with fundamental legislative principles.
The retrospective application of the amendments to the Transport
(Gladstone East End To Harbour Corridor) Act 1996 does not effect any
individual as any new corridor land, as reflected in the schedules following
the survey and realignment of part of the corridor, is either existing public
road or existing unallocated State land.
The retrospective application of the amendment to the State Financial
Institutions and Metway Merger Facilitation Act 1996 is necessary so that
the correct Australian Company Number is reflected in the Act from the
Act's commencement date.
Consultation
The amendments in the Bill are made at the instigation of the
administering departments.
The amendments made to the Community Service (Torres Strait) Act
1984, to recognise the TRAWQ communities, are based upon those
communities wishing to be legislatively acknowledged.
The amendment to the Legislative Standards Act 1992 implements
recommendation 35 of the Legal, Constitutional and Administrative Review
Committee's report No 8. Recommendation 35 of the Report on the
Criminal Law (Sex Offenders Reporting) Bill 1997 recommends that the
Legislative Standards Act 1992 be amended to extend the requirement to
circulate explanatory notes to apply to all Members who present Bills to the
Legislative Assembly.
Notes on clauses
Clause 1 provides for the Act's citation.
Clause 2 deals with the Act's commencement. It draws attention to the
fact that commencement provisions may be provided in the schedule to
some amendments.
Clause 3 gives effect to the amendments made by the schedule.
Clause 4 declares that explanatory notes in the Bill do not form part of it.
They are, however, available as extrinsic aids to interpretation in the same
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Statute Law (Miscellaneous Provisions)
way as these explanatory notes (Acts Interpretation Act 1954, section 14B).
The schedule contains minor amendments.
© The State of Queensland 1998