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Queensland
Civil and Criminal Jurisdiction
Reform and Modernisation
Amendment Bill 2010
Queensland
Civil and Criminal Jurisdiction Reform
and Modernisation Amendment Bill 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of Bail Act 1980
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Amendment of s 15A (Applications for bail in special
circumstances) ................................ 12
5 Insertion of new s 15B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15B Application for bail by remote communication device
outside district or division . . . . . . . . . . . . . . . . . . . . . . 13
6 Amendment of s 28A (Other warrants for apprehension of
defendant) .................................. 13
7 Insertion of new ss 34BA and 34BB. . . . . . . . . . . . . . . . . . . . . . . 14
34BA Varying bail on registry committal . . . . . . . . . . . . . . . 14
34BB Varying bail for charge for indictable offence referred
to clerk of the court under Justices Act 1886 . . . . . . . 15
Part 3 Amendment of Body Corporate and Community
Management Act 1997
8 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 Amendment of s 229 (Exclusivity of dispute resolution
provisions) .................................. 16
10 Insertion of new s 229A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
229A Disputes about particular debts . . . . . . . . . . . . . . . . . 16
11 Amendment of s 241 (Rejecting application) . . . . . . . . . . . . . . . . 17
12 Amendment of s 252H (Referral back to commissioner) . . . . . . . 18
13 Amendment of s 270 (Dismissal of applications) . . . . . . . . . . . . . 18
14 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 18
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Contents
Part 4 Amendment of Criminal Code
15 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Amendment of s 1 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 19
17 Replacement of ss 552A and 552B . . . . . . . . . . . . . . . . . . . . . . . 19
552A Charges of indictable offences that must be heard
and decided summarily on prosecution election . . . . 19
552B Charges of indictable offences that must be heard
and decided summarily unless defendant elects for
jury trial ............................. 20
552BA Charges of indictable offences that must be heard
and decided summarily . . . . . . . . . . . . . . . . . . . . . . . 22
552BB Excluded offences . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
18 Amendment of s 552D (When Magistrates Court must abstain
from jurisdiction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
19 Amendment of s 552E (Charge may be heard and decided
where defendant arrested or served) . . . . . . . . . . . . . . . . . . . . . . 29
20 Amendment of s 552F (Time for prosecution) . . . . . . . . . . . . . . . 29
21 Amendment of s 552G (Value of property affecting jurisdiction
to be decided by Magistrates Court) . . . . . . . . . . . . . . . . . . . . . . 30
22 Amendment of s 552H (Maximum penalty for indictable offences
dealt with summarily) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
23 Amendment of s 552J (Appeals against decision to decide
charge summarily) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
24 Amendment of s 590AA (Pre-trial directions and rulings) . . . . . . 30
25 Insertion of new s 590AAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
590AAA Noncompliance with direction about disclosure . . . . . 31
26 Amendment of s 590AC (Chapter division does not have
particular consequences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
27 Amendment of s 590AD (Definitions for ch div 3). . . . . . . . . . . . . 32
28 Amendment of s 590AH (Disclosure that must always be made) 33
29 Amendment of s 590AI (When mandatory disclosure must be
made) ...................................... 35
30 Amendment of s 590AK (When requested disclosure must be
made) ..................................... 35
31 Amendment of s 590AN (Limit on disclosure of things
accused person already has) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
32 Amendment of s 590AO (Limit on disclosure of sensitive
evidence) ................................... 36
33 Amendment of s 590AS (Viewing particular evidence) . . . . . . . . 36
34 Amendment of s 590AV (Disclosure directions) . . . . . . . . . . . . . . 36
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Contents
35 Insertion of new ch 62, ch div 4A . . . . . . . . . . . . . . . . . . . . . . . . . 37
Chapter division 4ADisclosure obligation directions
590D Purpose and scope of ch div 4A. . . . . . . . . . . . . . . . . 37
590E Definitions for ch div 4A . . . . . . . . . . . . . . . . . . . . . . . 37
590F Subject matter for disclosure obligation direction . . . . 38
590G Application for disclosure obligation direction. . . . . . . 39
36 Amendment of s 651 (Court may decide summary offences if a
person is charged on indictment) . . . . . . . . . . . . . . . . . . . . . . . . . 40
37 Insertion of new s 706A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
706A Development of administrative arrangements . . . . . . 40
38 Insertion of new ch 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Chapter 87 Transitional provisions for Civil and Criminal
Jurisdiction Reform and Modernisation
Amendment Act 2010
724 Definitions for ch 87 . . . . . . . . . . . . . . . . . . . . . . . . . . 42
725 New disclosure provisions apply only to prosecutions
commenced after commencement . . . . . . . . . . . . . . . 42
726 New summary disposition provisions apply only to
prosecutions commenced after commencement . . . . 43
Part 5 Amendment of Criminal Practice Rules 1999
39 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
40 Amendment of r 5 (Application of rules to Magistrates Courts) . . 44
41 Amendment of ch 9, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
42 Insertion of new ch 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Chapter 9A Disclosure obligation directions
43A Purpose and scope of ch 9A . . . . . . . . . . . . . . . . . . . 44
43B Definitions for ch 9A . . . . . . . . . . . . . . . . . . . . . . . . . . 45
43C Procedure applying before filing of application for
disclosure obligation direction . . . . . . . . . . . . . . . . . . 46
43D Filing of application for disclosure obligation direction 47
43E Disposal of application for disclosure obligation
direction ........................ 48
43 Amendment of r 59 (Application of ch 14) . . . . . . . . . . . . . . . . . . 49
44 Amendment of r 62 (Verdict and judgment record). . . . . . . . . . . . 49
45 Insertion of new ch 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Chapter 17 Transitional provisions
123 Transitional provision for Civil and Criminal
Jurisdiction Reform and Modernisation
Amendment Act 2010 ................ 50
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Contents
46 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 50
Part 6 Amendment of District Court of Queensland Act 1967
47 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
48 Amendment of s 61 (Criminal jurisdiction if maximum penalty
more than 14 years) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
49 Amendment of s 68 (Civil jurisdiction) . . . . . . . . . . . . . . . . . . . . . 52
50 Amendment of s 69 (Powers of District Court) . . . . . . . . . . . . . . . 52
51 Amendment of s 75 (When a jury may be summoned) . . . . . . . . 53
52 Amendment of s 77 (Removal of proceedings from Supreme
Court to District Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
53 Amendment of s 78 (Removal of proceedings from the District
Court to a Magistrates Court). . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
54 Amendment of s 118 (Appeal to the Court of Appeal in certain
cases) .................................... 53
55 Insertion of new ss 145 and 146 . . . . . . . . . . . . . . . . . . . . . . . . . 54
145 Transitional provision for Civil and Criminal
Jurisdiction Reform and Modernisation
Amendment Act 2010--civil jurisdiction . . . . . . . . . . . 54
146 Transitional provision for Civil and Criminal
Jurisdiction Reform and Modernisation
Amendment Act 2010--criminal jurisdiction. . . . . . . . 54
Part 7 Amendment of Drug Court Act 2000
56 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
57 Amendment of s 8 (What is a relevant offence) . . . . . . . . . . . . . . 55
58 Amendment of s 36 (Final sentence to be decided on
completion or termination of rehabilitation program) . . . . . . . . . . 55
59 Amendment of s 37 (Immunity from prosecution) . . . . . . . . . . . . 55
60 Insertion of new pt 7, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 3 Transitional provision for Civil and Criminal
Jurisdiction Reform and Modernisation
Amendment Act 2010
52 Amendments apply only to prosecutions
commenced after commencement . . . . . . . . . . . . . . . 56
Part 8 Amendment of Drugs Misuse Act 1986
61 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
62 Insertion of new s 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
14 Other offences that may be dealt with summarily if
no commercial purpose alleged . . . . . . . . . . . . . . . . . 57
63 Amendment of s 127 (No costs to be awarded) . . . . . . . . . . . . . . 58
64 Insertion of new pt 7, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Contents
Division 7 Provision for Civil and Criminal Jurisdiction
Reform and Modernisation Amendment Act
2010
142 New summary disposition provisions apply only to
prosecutions commenced after commencement . . . . 59
Part 9 Amendment of Evidence Act 1977
65 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
66 Amendment of s 21AF (Evidence-in-chief). . . . . . . . . . . . . . . . . . 60
Part 10 Amendment of Financial Accountability Act 2009
67 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
68 Amendment of s 97 (Treasurer's unclaimed moneys fund) . . . . . 60
Part 11 Amendment of Justices Act 1886
69 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
70 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 61
71 Amendment of s 22C (Appointment of clerks of the court) . . . . . 61
72 Insertion of new s 22D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
22D Principal clerk of courts . . . . . . . . . . . . . . . . . . . . . . . 62
73 Insertion of new ss 23EB and 23EC. . . . . . . . . . . . . . . . . . . . . . . 62
23EB Management by clerk of the court of charge pending
finalisation of proceeding under ex officio indictment . 62
23EC Magistrate for other district or division authorised to
grant bail may also adjourn a hearing for offence . . . 64
74 Amendment of s 30 (Stipendiary magistrates) . . . . . . . . . . . . . . . 64
75 Amendment of s 41 (Prosecution disclosure). . . . . . . . . . . . . . . . 65
76 Amendment of s 52 (Limitation of proceedings). . . . . . . . . . . . . . 65
77 Amendment of s 56 (Service of summonses) . . . . . . . . . . . . . . . 66
78 Amendment of s 83A (Direction hearing) . . . . . . . . . . . . . . . . . . . 66
79 Insertion of new s 83B and new pt 4, div 10B . . . . . . . . . . . . . . . 67
83B Noncompliance with direction about disclosure . . . . . 67
Division 10B Disclosure obligation directions
83C Purpose and scope of div 10B . . . . . . . . . . . . . . . . . . 69
83D Definitions for div 10B. . . . . . . . . . . . . . . . . . . . . . . . . 69
83E Subject matter for disclosure obligation direction . . . . 70
83F Application for disclosure obligation direction. . . . . . . 71
80 Amendment of s 84 (Remand of defendant) . . . . . . . . . . . . . . . . 72
81 Insertion of new s 88A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
88A Use of verdict and judgment record . . . . . . . . . . . . . . 72
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Contents
82 Amendment of s 102C (Application for dismissal of frivolous or
vexatious complaints) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
83 Amendment of s 102D (Appeal to Supreme Court from
magistrate's decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
84 Amendment of s 102E (Further proceedings on a dismissed or
struck out complaint prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . 73
85 Insertion of new s 103B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
103B Magistrate supervisory role . . . . . . . . . . . . . . . . . . . . 73
86 Amendment of s 104 (Proceedings upon an examination of
witnesses in relation to an indictable offence) . . . . . . . . . . . . . . . 73
87 Amendment of s 110A (Use of tendered statements in lieu of
oral testimony in committal proceedings) . . . . . . . . . . . . . . . . . . . 74
88 Insertion of new ss 110B and 110C . . . . . . . . . . . . . . . . . . . . . . . 77
110B Special provisions applying to a direction under
s 83A(5AA) ......................... 77
110C Limitation on cross-examination . . . . . . . . . . . . . . . . . 79
89 Insertion of new pt 5, div 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 7A Registry committals
114 Registry committal by clerk of court . . . . . . . . . . . . . . 80
115 Process of clerk of the court for registry committal . . 82
116 Limited application of divs 5 to 7 for registry
committals ........................ 83
117 Application of registry committals to indictable
offences under other Acts. . . . . . . . . . . . . . . . . . . . . . 84
90 Insertion of new s 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
130 Division applies also to registry committals . . . . . . . . 85
91 Amendment of s 142A (Permissible procedure in absence of
defendant in certain cases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
92 Insertion of new pt 11, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 5 Civil and Criminal Jurisdiction Reform and
Modernisation Amendment Act 2010
276 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
277 Particular amendments apply only to charges
originated after commencement. . . . . . . . . . . . . . . . . 86
278 Particular provisions apply to proceeding whenever
commenced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
279 Existing appointment as principal clerk of courts
continues ........................ 87
Part 12 Amendment of Magistrates Act 1991
93 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
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94 Amendment of s 41 (Functions of magistrates generally) . . . . . . 88
95 Amendment of s 53J (Practice direction) . . . . . . . . . . . . . . . . . . . 88
96 Insertion of new pt 10, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Division 6 Transitional provision for Civil and Criminal
Jurisdiction Reform and Modernisation
Amendment Act 2010
64 Continuing operation of practice direction for judicial
registrars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Part 13 Amendment of Magistrates Courts Act 1921
97 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
98 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 90
99 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
3A Principal clerk of courts is principal registrar . . . . . . . 90
100 Amendment of s 4 (Jurisdiction of Magistrates Courts) . . . . . . . . 90
101 Insertion of new s 4AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
4AA Proceeding commenced in central registry . . . . . . . . 91
102 Amendment of s 5 (Abandonment of excess etc.) . . . . . . . . . . . . 91
103 Amendment of s 6 (Splitting debt by giving bills etc.) . . . . . . . . . . 91
104 Amendment of s 45 (Appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
105 Insertion of new s 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
60 Transitional provision for Civil and Criminal
Jurisdiction Reform and Modernisation Amendment
Act 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Part 14 Amendment of Penalties and Sentences Act 1992
106 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
107 Amendment of s 152A (Proper officer to give chief executive
(corrective services) record of order of imprisonment). . . . . . . . . 92
108 Insertion of new s 218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
218 Transitional provision for Civil and Criminal
Jurisdiction Reform and Modernisation Amendment
Act 2010 ........................ 93
Part 15 Amendment of Police Service Administration Act 1990
109 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
110 Amendment of s 4.8 (Commissioner's responsibility). . . . . . . . . . 93
Part 16 Amendment of Property Law Act 1974
111 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
112 Amendment of s 147 (Arrears of rent etc.) . . . . . . . . . . . . . . . . . . 94
113 Amendment of s 259 (Definitions for pt 19) . . . . . . . . . . . . . . . . . 95
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Contents
114 Insertion of new pt 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Part 22 Transitional Provision for Civil and Criminal
Jurisdiction Reform and Modernisation
Amendment Act 2010
353 Amendments do not affect existing matters . . . . . . . . 95
Part 17 Amendment of Public Trustee Act 1978
115 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
116 Amendment of s 25 (Unclaimed moneys fund) . . . . . . . . . . . . . . 96
117 Amendment of s 98 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 96
118 Amendment of s 99A (Public trustee's register of unclaimed
moneys) ..................................... 97
119 Amendment of s 102 (Unclaimed moneys to be paid to public
trustee) ................................... 97
120 Insertion of new s 102B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
102B Unclaimed moneys to be paid to public trustee--
money held or received by the State . . . . . . . . . . . . . 98
121 Amendment of s 115 (Unclaimed moneys to be credited to fund) 98
122 Amendment of s 117A (Treasurer to pay claimant) . . . . . . . . . . . 98
Part 18 Amendment of Queensland Civil and Administrative
Tribunal Act 2009
123 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
124 Amendment of s 50 (Decision by default for debt) . . . . . . . . . . . . 99
125 Amendment of ch 7, hdg (Transitional provisions) . . . . . . . . . . . . 99
126 Insertion of new ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Chapter 8 Validating provision for particular decisions by
default
280 Declaration and validation concerning particular
decisions by default . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Part 19 Amendment of State Penalties Enforcement Act 1999
127 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
128 Amendment of s 106 (General effect of suspension of driver
licence) .................................... 100
129 Amendment of s 150A (Registrar may write off unpaid fine or
other amount) ................................. 101
130 Amendment of s 150B (Guidelines) . . . . . . . . . . . . . . . . . . . . . . . 101
131 Insertion of new pt 10, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Division 6 Transitional provision for Civil and Criminal
Jurisdiction Reform and Modernisation
Amendment Act 2010
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
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182 Effect of provision disqualifying person from holding
or obtaining driver licence . . . . . . . . . . . . . . . . . . . . . 102
Part 20 Amendment of Supreme Court of Queensland Act 1991
132 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
133 Insertion of new s 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
139 Transitional provision for Civil and Criminal
Jurisdiction Reform and Modernisation Amendment
Act 2010 ............................ 102
Part 21 Amendment of Uniform Civil Procedure Rules 1999
134 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
135 Amendment of ch 2, pt 6, div 1, hdg. . . . . . . . . . . . . . . . . . . . . . . 103
136 Amendment of r 33 (Central registry of Supreme Court) . . . . . . . 103
137 Replacement of ch 2, pt 6, div 2, hdg. . . . . . . . . . . . . . . . . . . . . . 103
138 Replacement of r 34 (Application of div 2) . . . . . . . . . . . . . . . . . . 103
34 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
139 Amendment of r 283 (Judgment by default--debt or
liquidated demand) ............................. 104
140 Amendment of r 286 (Judgment by default--recovery of
possession of land) ............................. 104
141 Insertion of new ch 24, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Part 4 Provision for Civil and Criminal Jurisdiction
Reform and Modernisation Amendment Act
2010
999 Transitional provision . . . . . . . . . . . . . . . . . . . . . . . . . 105
142 Amendment of sch 3 (Scale of costs--Magistrates Courts). . . . . 105
143 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 112
Part 22 Amendment of Workers' Compensation and Rehabilitation
Act 2003
144 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
145 Amendment of s 546 (Notice of review decision) . . . . . . . . . . . . . 112
146 Amendment of s 548A (Meaning of appeal body) . . . . . . . . . . . . 112
147 Amendment of s 550 (Procedure for appeal) . . . . . . . . . . . . . . . . 113
148 Amendment of s 566 (Decision about payment of
compensation) ............................. 113
149 Insertion of new ch 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Chapter 26 Transitional provision for Civil and Criminal
Jurisdiction Reform and Modernisation
Amendment Act 2010
663 Appeals commenced before amendment of s 548A. . 113
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Contents
Part 23 Amendment of Youth Justice Act 1992
150 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
151 Amendment of s 8 (Meaning of serious offence) . . . . . . . . . . . . . 114
152 Amendment of s 78 (Procedural elections under this Act in
relation to an indictable offence replace other elections) . . . . . . . 115
153 Amendment of s 160 (Copy of court order or decision to be
given to child, parent etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
154 Amendment of s 176 (Sentence orders--serious offences). . . . . 115
155 Insertion of new pt 11, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Division 8 Transitional provision for Civil and Criminal
Jurisdiction Reform and Modernisation
Amendment Act 2010
352 Particular amended provisions apply only to
prosecutions commenced after commencement . . . . 117
Page 10
2010
A Bill
for
An Act to amend the Bail Act 1980, the Body Corporate and
Community Management Act 1997, the Criminal Code, the
Criminal Practice Rules 1999, the District Court of Queensland
Act 1967, the Drug Court Act 2000, the Drugs Misuse Act 1986,
the Evidence Act 1977, the Financial Accountability Act 2009,
the Justices Act 1886, the Magistrates Act 1991, the
Magistrates Courts Act 1921, the Penalties and Sentences Act
1992, the Police Service Administration Act 1990, the Property
Law Act 1974, the Public Trustee Act 1978, the Queensland
Civil and Administrative Tribunal Act 2009, the State Penalties
Enforcement Act 1999, the Supreme Court of Queensland Act
1991, the Uniform Civil Procedure Rules 1999, the Workers'
Compensation and Rehabilitation Act 2003 and the Youth
Justice Act 1992, to reform and modernise civil and criminal
jurisdiction and for other particular purposes
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Civil and Criminal Jurisdiction 4
Reform and Modernisation Amendment Act 2010. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Bail Act 1980 8
Clause 3 Act amended 9
This part amends the Bail Act 1980. 10
Clause 4 Amendment of s 15A (Applications for bail in special 11
circumstances) 12
Section 15A(6)-- 13
omit, insert-- 14
`(6) The magistrate may decide the application only if the 15
magistrate is satisfied-- 16
(a) it was necessary to make the application by a remote 17
communication device; and 18
(b) the particular form of communication used to make the 19
application was appropriate.'. 20
Page 12
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 2 Amendment of Bail Act 1980
[s 5]
Clause 5 Insertion of new s 15B 1
After section 15A-- 2
insert-- 3
`15B Application for bail by remote communication device 4
outside district or division 5
`(1) This section applies if-- 6
(a) a police officer has refused to grant bail to a person 7
under section 7 for an offence; and 8
(b) a Magistrates Court is authorised under this Act to grant 9
bail to the person for the offence; and 10
(c) having regard to all the circumstances, the person may 11
not reasonably or practicably be brought personally 12
before a court; and 13
(d) a practice direction made by the Chief Magistrate 14
provides for the making of an application for bail if the 15
circumstances mentioned in paragraphs (a) to (c) apply. 16
`(2) An application for bail may be made under section 15A, 17
whether or not that section would otherwise apply, to a 18
magistrate constituting a Magistrates Court outside the district 19
or division in which the application would otherwise be 20
required to be made. 21
`(3) However, section 15A(6) does not apply to the deciding of the 22
application. 23
`(4) The application must comply with the practice direction. 24
`(5) In this section-- 25
district means a district appointed under the Justices Act 1886 26
for the purposes of a Magistrates Court. 27
division means a division appointed under the Justices Act 28
1886 for the purposes of a Magistrates Court.'. 29
Clause 6 Amendment of s 28A (Other warrants for apprehension of 30
defendant) 31
Section 28A(1)(e), `or 34B(2)'-- 32
Page 13
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 2 Amendment of Bail Act 1980
[s 7]
omit, insert-- 1
`, 34B(2), 34BA(2) or 34BB(2), or varied under section 2
34BA(3) or 34BB(5)'. 3
Clause 7 Insertion of new ss 34BA and 34BB 4
After section 34B-- 5
insert-- 6
`34BA Varying bail on registry committal 7
`(1) This section applies if the clerk of the court at a place orders a 8
person charged with an indictable offence to be committed to 9
be tried or sentenced under a registry committal under the 10
Justices Act 1886. 11
`(2) The bail applying to the defendant immediately before the 12
registry committal (the summary bail) is continued, and is 13
taken to have been granted by the court (the receiving court) 14
to which the defendant is committed for trial or sentence on 15
the same conditions that applied immediately before the 16
registry committal. 17
`(3) However, the summary bail is taken to be varied to require the 18
defendant to appear before the receiving court as required by 19
the receiving court. 20
`(4) Also, if the clerk of the court amends the charges under the 21
Justices Act 1886, section 115(6), the summary bail is taken to 22
be granted for the charges on which the defendant is 23
committed for trial or sentence under the registry committal. 24
`(5) An undertaking given for the purposes of the summary bail, 25
including any promise of a surety, is, for the continuance of 26
the summary bail, taken to have been given to the receiving 27
court, and, to the greatest practicable extent, the provisions of 28
this Act relating to undertakings continue to apply. 29
Example for subsection (4)-- 30
The entitlement of a surety to apply to the receiving court for a 31
discharge under section 23 (Application to court by surety for discharge) 32
continues to apply. 33
Page 14
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 2 Amendment of Bail Act 1980
[s 7]
`34BB Varying bail for charge for indictable offence referred 1
to clerk of the court under Justices Act 1886 2
`(1) This section applies if a charge for an indictable offence is 3
referred to the clerk of the court at a place under the Justices 4
Act 1886, section 23EB. 5
Editor's note-- 6
Justices Act 1886, section 23EB (Management by clerk of the court of 7
charge pending finalisation of proceeding under ex officio indictment) 8
`(2) The bail applying to the defendant in relation to the charge 9
(the summary bail) is continued, and is taken to have been 10
granted by the court (the receiving court) in which the 11
relevant indictment has been or is to be presented, on the same 12
conditions that applied immediately before the referral of the 13
charge to the clerk of the court. 14
`(3) However, the summary bail is taken to be varied to require the 15
defendant to appear before the receiving court as required by 16
the receiving court. 17
`(4) An undertaking given for the purposes of the summary bail, 18
including any promise of a surety, is, for the continuance of 19
the summary bail, taken to have been given to the receiving 20
court, and, to the greatest practicable extent, the provisions of 21
this Act relating to undertakings continue to apply. 22
Example for subsection (4)-- 23
The entitlement of a surety to apply to the receiving court for a 24
discharge under section 23 (Application to court by surety for discharge) 25
continues to apply. 26
`(5) If the clerk of the court, under the Justices Act 1886, section 27
23EB(3)(a)(ii), refers the charge back to the Magistrates 28
Court, and the relevant indictment has not been presented, the 29
bail is taken to be varied to require the defendant to appear at 30
the time and place advised to the parties by the clerk of the 31
court under the Justices Act 1886, section 23EB(6). 32
`(6) In this section-- 33
relevant indictment means the indictment mentioned in the 34
Justices Act 1886, section 23EB(2)(b)(i) or (ii).'. 35
Page 15
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 3 Amendment of Body Corporate and Community Management Act 1997
[s 8]
Part 3 Amendment of Body Corporate 1
and Community Management 2
Act 1997 3
Clause 8 Act amended 4
This part amends the Body Corporate and Community 5
Management Act 1997. 6
Clause 9 Amendment of s 229 (Exclusivity of dispute resolution 7
provisions) 8
Section 229(3), `The'-- 9
omit, insert-- 10
`Subject to section 229A, the'. 11
Clause 10 Insertion of new s 229A 12
After section 229-- 13
insert-- 14
`229A Disputes about particular debts 15
`(1) A claim to recover a debt the subject of a debt dispute that is a 16
claim under the Queensland Civil and Administrative 17
Tribunal Act 2009, schedule 3, definition minor civil dispute, 18
paragraph 1(a) is, under paragraph 2 of that definition, a 19
minor civil dispute. 20
`(2) Subsection (1) does not affect a body corporate's right to start 21
proceedings in a court of competent jurisdiction to recover a 22
debt the subject of a debt dispute. 23
`(3) To remove any doubt, it is declared that an adjudicator does 24
not have jurisdiction in a debt dispute. 25
`(4) A dispute resolution process does not apply to a debt dispute 26
or a related dispute to a debt dispute once a proceeding to 27
recover the debt the subject of the debt dispute is started 28
before QCAT or in a court of competent jurisdiction. 29
Page 16
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 3 Amendment of Body Corporate and Community Management Act 1997
[s 11]
`(5) If-- 1
(a) a dispute resolution process has started for a debt 2
dispute or a related dispute to a debt dispute; and 3
(b) a proceeding to recover the debt the subject of the debt 4
dispute is subsequently started before QCAT or in a 5
court of competent jurisdiction; 6
the dispute resolution process is at an end. 7
`(6) A dispute is a related dispute to a debt dispute if-- 8
(a) the subject matter of the dispute is related to the subject 9
matter of the debt dispute; and 10
(b) there are proceedings in a court or before QCAT to 11
recover the debt the subject of the debt dispute; and 12
(c) the commissioner considers that the dispute and the debt 13
dispute are connected in a way that makes it 14
inappropriate for the dispute to be dealt with by a 15
dispute resolution process. 16
`(7) In this section-- 17
debt dispute means a dispute between a body corporate for a 18
community titles scheme and the owner of a lot included in 19
the scheme about the recovery, by the body corporate from the 20
owner, of a debt under this Act.'. 21
Clause 11 Amendment of s 241 (Rejecting application) 22
Section 241(1)-- 23
insert-- 24
`(g) the subject of the application is a debt dispute, and a 25
proceeding between the parties to the application has 26
been started before QCAT or in a court of competent 27
jurisdiction in relation to the subject matter of a debt 28
dispute; or 29
(h) the subject of the application is a related dispute to a 30
debt dispute.'. 31
Page 17
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 3 Amendment of Body Corporate and Community Management Act 1997
[s 12]
Clause 12 Amendment of s 252H (Referral back to commissioner) 1
Section 252H(1)-- 2
insert-- 3
`(f) the subject of the application is a debt dispute, and a 4
proceeding between the parties to the application has 5
been started before QCAT or in a court of competent 6
jurisdiction in relation to the subject matter of a debt 7
dispute; or 8
(g) the subject of the application is a related dispute to a 9
debt dispute.'. 10
Clause 13 Amendment of s 270 (Dismissal of applications) 11
Section 270(1)-- 12
insert-- 13
`(f) the subject of the application is a debt dispute, and a 14
proceeding between the parties to the application has 15
been started before QCAT or in a court of competent 16
jurisdiction in relation to the subject matter of a debt 17
dispute; or 18
(g) the subject of the application is a related dispute to a 19
debt dispute.'. 20
Clause 14 Amendment of sch 6 (Dictionary) 21
Schedule 6-- 22
insert-- 23
`debt dispute see section 229A(7). 24
related dispute, to a debt dispute, see section 229A(6).'. 25
Page 18
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 15]
Part 4 Amendment of Criminal Code 1
Clause 15 Code amended 2
This part amends the Criminal Code. 3
Clause 16 Amendment of s 1 (Definitions) 4
(1) Section 1, definitions arresting officer and prosecution-- 5
omit. 6
(2) Section 1-- 7
insert-- 8
`arresting officer-- 9
(a) for chapter 62, chapter division 3, see section 590AD; or 10
(b) for chapter 62, chapter division 4A, see section 590E. 11
disclosure obligation, for chapter 62, chapter division 4A, see 12
section 590E. 13
disclosure obligation direction, for chapter 62, chapter 14
division 4A, see section 590E. 15
party, for chapter 62, chapter division 4A, see section 590E. 16
prosecution-- 17
(a) for chapter 62, chapter division 3, see section 590AD; or 18
(b) for chapter 62, chapter division 4A, see section 590E.'. 19
Clause 17 Replacement of ss 552A and 552B 20
Sections 552A and 552B-- 21
omit, insert-- 22
`552A Charges of indictable offences that must be heard 23
and decided summarily on prosecution election 24
`(1) This section applies to a charge before a Magistrates Court of 25
any of the following indictable offences-- 26
Page 19
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 17]
(a) an offence against any of the following provisions-- 1
· section 141 2
· section 142 3
· section 143 4
· section 340; 5
(b) any offence involving an assault, not being of a sexual 6
nature or accompanied by an attempt to commit a crime, 7
if the maximum term of imprisonment for which the 8
defendant is liable is more than 3 years but not more 9
than 5 years; 10
(c) the offence of counselling or procuring the commission 11
of an offence mentioned in paragraph (a) or (b); 12
(d) the offence of attempting to commit an offence 13
mentioned in paragraph (a); 14
(e) the offence of becoming an accessory after the fact to an 15
offence mentioned in paragraph (a). 16
`(2) A charge to which this section applies must be heard and 17
decided summarily if the prosecution elects to have the charge 18
heard and decided summarily. 19
`(3) This section is subject to section 552D. 20
`552B Charges of indictable offences that must be heard 21
and decided summarily unless defendant elects for 22
jury trial 23
`(1) This section applies to a charge before a Magistrates Court of 24
any of the following indictable offences-- 25
(a) an offence of a sexual nature without a circumstance of 26
aggravation if-- 27
(i) the complainant was 14 years of age or over at the 28
time of the alleged offence; and 29
(ii) the defendant has pleaded guilty; and 30
Page 20
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 17]
(iii) the maximum term of imprisonment for which the 1
defendant is liable is more than 3 years; 2
(b) an offence against section 339(1); 3
(c) an offence involving an assault, other than an offence 4
against section 339(1), if-- 5
(i) the assault is-- 6
(A) without a circumstance of aggravation; and 7
(B) is not of a sexual nature; and 8
(ii) the maximum term of imprisonment for which the 9
defendant is liable is more than 3 years but not 10
more than 7 years; and 11
(iii) a charge of the offence is not a charge to which 12
section 552A applies; 13
(d) an offence against section 316A; 14
(e) an offence against section 328A(2); 15
(f) an offence against section 359E if the maximum term of 16
imprisonment for which the defendant is liable is not 17
more than 5 years; 18
(g) an offence against chapter 14, chapter division 2, if the 19
maximum term of imprisonment for which the 20
defendant is liable is more than 3 years; 21
(h) an offence against chapter 22A, if the maximum term of 22
imprisonment for which the defendant is liable is more 23
than 3 years; 24
(i) an offence against chapter 42A; 25
(j) the offence of counselling or procuring the commission 26
of an offence mentioned in any of paragraphs (a) to (i); 27
(k) the offence of attempting to commit an offence 28
mentioned in any of paragraphs (a) to (i), unless the 29
offence is a relevant offence under section 552BA(4), 30
definition relevant offence, paragraph (a); 31
Page 21
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 17]
(l) the offence of becoming an accessory after the fact to an 1
offence mentioned in any of paragraphs (a) to (i), unless 2
the offence is a relevant offence under section 3
552BA(4), definition relevant offence, paragraph (a). 4
`(2) A charge to which this section applies must be heard and 5
decided summarily unless the defendant informs the 6
Magistrates Court that he or she wants to be tried by jury. 7
`(3) This section is subject to section 552D. 8
`552BA Charges of indictable offences that must be heard 9
and decided summarily 10
`(1) This section applies to a charge before a Magistrates Court of 11
any indictable offence against this Code if the offence is a 12
relevant offence. 13
`(2) A charge to which this section applies must be heard and 14
decided summarily. 15
`(3) This section is subject to section 552D. 16
`(4) In this section-- 17
relevant offence means-- 18
(a) an offence against this Code, if the maximum term of 19
imprisonment for which the defendant is liable is not 20
more than 3 years; or 21
(b) an offence against part 6, other than-- 22
(i) an offence mentioned in paragraph (a); or 23
(ii) an offence against chapter 42A; or 24
(iii) an offence that, under section 552BB, is an 25
excluded offence. 26
`552BB Excluded offences 27
`(1) An offence is an excluded offence if the offence is-- 28
(a) an offence against a provision listed in column 1 of the 29
following table and-- 30
Page 22
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 17]
(i) no relevant circumstance is listed for the provision 1
in column 3; or 2
(ii) both of the following apply-- 3
(A) 1 or more relevant circumstances are listed 4
for the provision in column 3; 5
(B) at least 1 of the relevant circumstances, or 6
the relevant circumstance if only 1 relevant 7
circumstance is listed, applies in relation to 8
the offence; or 9
(b) the offence of-- 10
(i) counselling or procuring the commission of an 11
offence that is an excluded offence under 12
paragraph (a); or 13
(ii) attempting to commit an offence that is 14
an excluded offence under paragraph (a), unless 15
the offence is a relevant offence under section 16
552BA(4), definition relevant offence, paragraph 17
(a); or 18
(iii) becoming an accessory after the fact to an offence 19
that is an excluded offence under paragraph (a), 20
unless the offence is a relevant offence under 21
section 552BA(4), definition relevant offence, 22
paragraph (a). 23
`(2) Column 2 of the following table gives the headings of the 24
provisions mentioned in column 1, and is for information 25
only. 26
`(3) In this section-- 27
prescribed value means $30000. 28
Page 23
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 17]
Table of excluded offences 1
Column 1 Column 2 Column 3
Provision of Code Provision heading Relevant circumstance
section 398 Punishment of 1 The offender is liable to 14 years
stealing imprisonment under clause 1, the
value of the yield to the offender, or
the detriment caused, because of the
stealing of the testamentary
instrument is equal to or more than
the prescribed value and the offender
does not plead guilty.
2 The total value of anything stolen,
other than a testamentary instrument
as mentioned in clause 1, and as
provided for in the charge for the
offence, is equal to or more than the
prescribed value and the offender
does not plead guilty.
3 The offender is liable to
imprisonment under clause 14 and a
charge for the indictable offence
mentioned in clause 14(b) is to be
heard and decided on indictment or
would be required to be heard and
decided on indictment if the charge
were laid.
section 399 Fraudulent The offender is liable to 14 years
concealment of imprisonment, the value of the yield
particular documents to the offender, or the detriment
caused, because of the concealment is
equal to or more than the prescribed
value and the offender does not plead
guilty.
section 403 Severing with intent to The value of the thing made
steal moveable is equal to or more than the
prescribed value and the offender
does not plead guilty.
section 406 Bringing stolen goods The value of the property is equal to
into Queensland or more than the prescribed value and
the offender does not plead guilty.
section 408A Unlawful use or 1 The value of the motor vehicle,
possession of motor aircraft or vessel is equal to or more
vehicles, aircraft or than the prescribed value and the
vessels offender does not plead guilty.
Page 24
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 17]
Column 1 Column 2 Column 3
Provision of Code Provision heading Relevant circumstance
2 The offender is liable to
imprisonment for 10 years and a
charge for the indictable offence
mentioned in section 408A(1A) is to
be heard and decided on indictment
or would be required to be heard and
decided on indictment if the charge
were laid.
3 The offender is liable to
imprisonment for 12 years, the value
of the destruction, damage,
interference or detriment caused, or
the value of the thing removed,
(regardless of the value of the motor
vehicle, aircraft or vessel involved) is
equal to or more than the prescribed
value and the offender does not plead
guilty.
section 408C Fraud The value of the property, the yield to
the offender or the detriment caused
is equal to or more than the
prescribed value and the offender
does not plead guilty.
section 408E Computer hacking and The offender is liable to
misuse imprisonment for 10 years, the value
of the detriment or damage caused, or
benefit obtained, is equal to or more
than the prescribed value and the
offender does not plead guilty.
chapter 38, other than Stealing with
sections 413 and 414 violence--extortion
by threats
section 419(1) Burglary 1 The offender is liable to
imprisonment for life under section
419(3)(b)(i) or (ii).
2 The offender is liable to
imprisonment for life under section
419(3)(b)(iv), the value of any
damage caused to property is equal to
or more than the prescribed value and
the offender does not plead guilty.
Page 25
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 17]
Column 1 Column 2 Column 3
Provision of Code Provision heading Relevant circumstance
section 419(4) Burglary A charge for the indictable offence
mentioned in section 419(4) is to be
heard and decided on indictment or
would be required to be heard and
decided on indictment if the charge
were laid. For example, if the
indictable offence committed in the
dwelling entered by the offender is
stealing, the total value of what is
stolen is equal to or more than the
prescribed value and the offender
does not plead guilty to the stealing, a
charge for the offence of stealing
would be required to be heard and
decided on indictment, and
accordingly, the offence of entering
the dwelling in contravention of
section 419(4) would be an excluded
offence.
section 421(2) Entering or being in A charge for the indictable offence
premises and mentioned in section 421(2) is to be
committing indictable heard and decided on indictment or
offences would be required to be heard and
decided on indictment if the charge
were laid.
section 421(3) Entering or being in 1 A charge for the indictable offence
premises and mentioned in section 421(3) is to be
committing indictable heard and decided on indictment or
offences would be required to be heard and
decided on indictment if the charge
were laid.
2 The value of any damage caused by
the break is equal to or more than the
prescribed value and the offender
does not plead guilty.
section 427 Unlawful entry of 1 The offender is liable to
vehicle for committing imprisonment for 14 years under
indictable offence section 427(2)(b)(i) or (ii).
2 The offender is liable to
imprisonment for 14 years under
section 427(2)(b)(iv), the value of any
damage caused to property is equal to
or more than the prescribed value and
the offender does not plead guilty.
Page 26
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 17]
Column 1 Column 2 Column 3
Provision of Code Provision heading Relevant circumstance
section 430 Fraudulent The value of the yield to the offender
falsification of records because of the act or omission
mentioned in section 430(a), (b), (c),
(d) or (e), or the value of the
detriment caused by that act or
omission, is equal to or more than the
prescribed value and the offender
does not plead guilty.
section 433 Receiving tainted The value of the tainted property is
property equal to or more than the prescribed
value and the offender does not plead
guilty.
section 435 Taking reward for The value of the benefit mentioned in
recovery of property section 435(b) is equal to or more
obtained by way of than the prescribed value and the
indictable offences offender does not plead guilty.
chapter 44 Offences analogous to The value of the animal the subject of
stealing relating to the offence is equal to or more than
animals the prescribed value and the offender
does not plead guilty.
section 461 Arson
section 462 Endangering
particular property by
fire
section 463 Setting fire to crops
and growing plants
section 467 Endangering the safe
use of vehicles and
related transport
infrastructure
section 468 Injuring animals The offender is liable to
imprisonment for 7 years, the value
of the animal the subject of the
offence is equal to or more than the
prescribed value and the offender
does not plead guilty.
section 469 Wilful damage The offender is liable to punishment
under clause 1 (Destroying or
damaging premises by explosion), 2
(Sea walls and other property), 5
(Railways), 6 (Aircraft) or 7 (Other
things of special value).
section 469A Sabotage and
threatening sabotage
Page 27
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 17]
Column 1 Column 2 Column 3
Provision of Code Provision heading Relevant circumstance
section 470 Attempts to destroy
property by explosives
section 471 Damaging mines The value of the damage or
interference caused is equal to or
more than the prescribed value and
the offender does not plead guilty.
section 472 Interfering with The value of any damage or detriment
marine signals directly attributable to the
commission of the offence, including,
for example, economic loss arising
from disruption to shipping, is equal
to or more than the prescribed value
and the offender does not plead
guilty.
section 473 Interfering with The value of any damage or detriment
navigation works directly attributable to the
commission of the offence, including,
for example, economic loss arising
from disruption to shipping, is equal
to or more than the prescribed value
and the offender does not plead
guilty.
section 474 Communicating The value of the animal or animals
infectious diseases to the subject of the offence is equal to
animals or more than the prescribed value and
the offender does not plead guilty.
section 488 Forgery and uttering The offender is liable to 7 years or 14
years imprisonment, the value of the
yield to the offender, or the detriment
caused, involved in the forgery or
uttering is equal to or more than the
prescribed value and the offender
does not plead guilty.
section 498 Falsifying warrants for The value of the yield to the offender,
money payable under or the detriment caused, involved in
public authority the making out or delivering of the
warrant is equal to or more than the
prescribed value and the offender
does not plead guilty.
section 514 Personation in general The offender is liable to
imprisonment for 14 years, the value
of the property mentioned in section
514(2) is equal to or more than the
prescribed value and the offender
does not plead guilty.'.
Page 28
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 18]
Clause 18 Amendment of s 552D (When Magistrates Court must 1
abstain from jurisdiction) 2
(1) Section 552D(1), `552A or 552B'-- 3
omit, insert-- 4
`552A, 552B or 552BA'. 5
(2) Section 552D(2)-- 6
renumber as section 552D(3). 7
(3) Section 552D-- 8
insert-- 9
`(2) A Magistrates Court must abstain from dealing summarily 10
with a charge under section 552BA if satisfied, on an 11
application made by the defence, that because of exceptional 12
circumstances the charge should not be heard and decided 13
summarily. 14
Examples of exceptional circumstances-- 15
1 There is sufficient connection between the offence the subject of the 16
charge, and other offences allegedly committed by the defendant 17
and to be tried on indictment, to allow all the offences to be tried 18
together. 19
2 There is an important issue of law involved. 20
3 An issue of general community importance or public interest is 21
involved, or the holding of a trial by jury is justified in order to 22
establish contemporary community standards.'. 23
Clause 19 Amendment of s 552E (Charge may be heard and decided 24
where defendant arrested or served) 25
Section 552E, `or 552B'-- 26
omit, insert-- 27
`, 552B or 552BA'. 28
Clause 20 Amendment of s 552F (Time for prosecution) 29
Section 552E, `or 552B'-- 30
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 21]
omit, insert-- 1
`, 552B or 552BA'. 2
Clause 21 Amendment of s 552G (Value of property affecting 3
jurisdiction to be decided by Magistrates Court) 4
Section 552G, `552B'-- 5
omit, insert-- 6
`552BB'. 7
Clause 22 Amendment of s 552H (Maximum penalty for indictable 8
offences dealt with summarily) 9
Section 552H(1), `or 552B'-- 10
omit, insert-- 11
`, 552B or 552BA'. 12
Clause 23 Amendment of s 552J (Appeals against decision to 13
decide charge summarily) 14
Section 552J(1), `or 552B'-- 15
omit, insert-- 16
`, 552B or 552BA'. 17
Clause 24 Amendment of s 590AA (Pre-trial directions and rulings) 18
Section 590AA(2)(ba)-- 19
omit, insert-- 20
`(ba) disclosure under chapter division 3 or 4; or'. 21
Clause 25 Insertion of new s 590AAA 22
Chapter 62, chapter division 2, after section 590AA-- 23
insert-- 24
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
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[s 25]
`590AAA Noncompliance with direction about disclosure 1
`(1) If it appears to the court that a person (the directed person) 2
has not complied with a direction given under section 3
590AA(2)(ba), the court may order the directed person to file 4
an affidavit, or give evidence in court, explaining and 5
justifying the failure to comply. 6
`(2) If the court requires the directed person to file an affidavit, a 7
copy of the affidavit must be served on the person for whose 8
benefit the direction was given (the affected person). 9
`(3) An order under subsection (1) may be made-- 10
(a) on the court's own initiative; or 11
(b) on the application of the affected person. 12
`(4) If the court is not satisfied the directed person's affidavit or 13
evidence satisfactorily explains and justifies the 14
noncompliance, the court may-- 15
(a) adjourn the proceeding to allow enough time for-- 16
(i) the directed person to comply with the direction; 17
and 18
(ii) the affected person to consider anything disclosed 19
under the direction and take any necessary further 20
action; and 21
(b) if the court is satisfied that the noncompliance was 22
unjustified, unreasonable or deliberate--make, in 23
relation to the adjournment, an award in favour of the 24
affected person of an amount of costs the court 25
considers just and reasonable; and 26
(c) if an award of costs is made under paragraph (b)--fix a 27
time for the amount to be paid. 28
`(5) This section does not limit the court's power otherwise to deal 29
with a failure to comply with a direction, including, for 30
example, any power in the court to punish for contempt. 31
`(6) The directed person is not excused from failing to file an 32
affidavit or give evidence under this section on the ground that 33
an affidavit or evidence explaining and justifying a failure to 34
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[s 26]
comply with the direction given under section 590AA(2)(ba) 1
might tend to incriminate the directed person because the 2
directed person would be required to admit to the failure to 3
comply. 4
`(7) However, the affidavit or evidence is not admissible against 5
the directed person in a criminal proceeding or a proceeding 6
for contempt. 7
`(8) Subsection (7) does not stop the affidavit or evidence from 8
being admissible against the person-- 9
(a) in a perjury proceeding in relation to the affidavit or 10
evidence; or 11
(b) for the purposes of making an order under subsection 12
(4). 13
`(9) In this section-- 14
direction includes ruling. 15
perjury proceeding, in relation to an affidavit or evidence, 16
means a proceeding in which the falsity or misleading nature 17
of the affidavit or evidence is relevant.'. 18
Clause 26 Amendment of s 590AC (Chapter division does not have 19
particular consequences) 20
(1) Section 590AC(1)(a), `the disclosure of a thing it is unlawful 21
to disclose'-- 22
omit, insert-- 23
`disclosure that is unlawful'. 24
(2) Section 590AC(1)(b), `a thing'-- 25
omit, insert-- 26
`anything'. 27
Clause 27 Amendment of s 590AD (Definitions for ch div 3) 28
Section 590AD, definition prescribed summary trial-- 29
omit, insert-- 30
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
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[s 28]
`prescribed summary trial means a summary trial of-- 1
(a) a charge for an indictable offence that must be heard and 2
decided summarily under section 552BA; or 3
(b) a charge for an indictable offence if, under section 4
552A, the prosecution has elected that the charge be 5
heard and decided summarily; or 6
(c) a charge for an indictable offence to which section 552B 7
applies unless the defendant has informed the 8
Magistrates Court that he or she wants to be tried by 9
jury; or 10
(d) a charge for an indictable offence against a provision of 11
the Drugs Misuse Act 1986, if-- 12
(i) under that Act, proceedings for the charge may be 13
taken summarily; and 14
(ii) the prosecution has elected that proceedings for the 15
charge be taken summarily; or 16
(e) a charge for an offence prescribed under a regulation for 17
this definition.'. 18
Clause 28 Amendment of s 590AH (Disclosure that must always be 19
made) 20
Section 590AH(2)-- 21
omit, insert-- 22
`(2) For a relevant proceeding, the prosecution must give the 23
accused person each of the following-- 24
(a) a copy of the bench charge sheet, complaint or 25
indictment containing the charge against the person; 26
(b) a copy of the accused person's criminal history in the 27
possession of the prosecution; 28
(c) a copy of any statement of the accused person in the 29
possession of the prosecution; 30
(d) for each proposed witness for the prosecution who is, or 31
may be, an affected child--a written notice naming the 32
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
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[s 28]
witness and describing why the proposed witness is, or 1
may be, an affected child; 2
(e) for each proposed witness for the prosecution other than 3
a proposed witness mentioned in paragraph (d)-- 4
(i) a copy of any statement of the witness in the 5
possession of the prosecution; or 6
Example-- 7
a statement made by a proposed witness for the 8
prosecution in an audio recording of an interview 9
(ii) if there is no statement of the witness in the 10
possession of the prosecution--a written notice 11
naming the witness; 12
(f) if the prosecution intends to adduce evidence of a 13
representation under the Evidence Act 1977, section 14
93B, a written notice stating that intention and the 15
matters mentioned in section 590C(2)(b) to (d); 16
(g) a copy of any report of any test or forensic procedure 17
relevant to the proceeding in the possession of the 18
prosecution; 19
Examples of a forensic procedure-- 20
DNA, fingerprint or another scientific identification procedure 21
(h) a written notice describing any test or forensic 22
procedure, including a test or forensic procedure that is 23
not yet completed, on which the prosecution intends to 24
rely at the proceeding; 25
(i) a written notice describing any original evidence on 26
which the prosecution intends to rely at the proceeding; 27
(j) a copy of anything else on which the prosecution intends 28
to rely at the proceeding; 29
(k) a written notice or copy of anything else in possession of 30
the prosecution prescribed under a regulation.'. 31
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 29]
Clause 29 Amendment of s 590AI (When mandatory disclosure 1
must be made) 2
(1) Section 590AI(2)(a), `before evidence starts to be heard at the 3
relevant proceeding'-- 4
omit, insert-- 5
`before the date set by the court for the commencement of the 6
hearing of evidence'. 7
(2) Section 590AI(3)-- 8
insert-- 9
`Note-- 10
An administrative arrangement made under section 706A (Development 11
of administrative arrangements) might provide for the prosecution's 12
agreement to a form of staged disclosure that will ensure an accused 13
person is provided with at least part of the material that must be 14
disclosed under section 590AH within a period stated in the 15
arrangement that is shorter than the period stated in subsection (2).'. 16
(3) Section 590AI-- 17
insert-- 18
`(5) If the relevant proceeding is a committal proceeding, the court 19
may set a date to have effect under subsection (2)(a) as the 20
date for the commencement of hearing of evidence in the 21
proceeding even if, having regard to the Justices Act 1886, 22
section 110A, it will or may be the case that no witness will 23
appear at the proceeding to give oral evidence.'. 24
Clause 30 Amendment of s 590AK (When requested disclosure 25
must be made) 26
Section 590AK(1)(b)(ii) and (iii), `a thing'-- 27
omit, insert-- 28
`the thing'. 29
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 31]
Clause 31 Amendment of s 590AN (Limit on disclosure of things 1
accused person already has) 2
Section 590AN, `any thing'-- 3
omit, insert-- 4
`anything'. 5
Clause 32 Amendment of s 590AO (Limit on disclosure of sensitive 6
evidence) 7
(1) Section 590AO(7)-- 8
renumber as section 590AO(8). 9
(2) Section 590AO-- 10
insert-- 11
`(7) If, under subsection (5), the court directs the prosecution to 12
give the accused person a copy of the thing, the court may also 13
direct that the accused person return the copy of the thing to 14
the prosecution within the period stated in the direction to the 15
accused person.'. 16
Clause 33 Amendment of s 590AS (Viewing particular evidence) 17
Section 590AS(1), `590AH(2)(e)'-- 18
omit, insert-- 19
`590AH(2)(i)'. 20
Clause 34 Amendment of s 590AV (Disclosure directions) 21
Section 590AV, heading, after `directions'-- 22
insert-- 23
`under particular provisions'. 24
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 35]
Clause 35 Insertion of new ch 62, ch div 4A 1
After section 590C-- 2
insert-- 3
`Chapter division 4A Disclosure obligation 4
directions 5
`590D Purpose and scope of ch div 4A 6
`(1) This chapter division makes particular provision for 7
disclosure obligation directions. 8
`(2) This chapter division does not affect-- 9
(a) any other power a court has in relation to a failure to 10
comply with a disclosure obligation, including, for 11
example, to exclude evidence if it would be unfair to an 12
accused person to admit the evidence; or 13
(b) any other action that may be taken against a party in 14
relation to a failure to comply with a disclosure 15
obligation. 16
`(3) This chapter division does not limit the making of practice 17
directions by the Chief Justice or Chief Judge about disclosure 18
in a proceeding. 19
`590E Definitions for ch div 4A 20
`In this chapter division-- 21
arresting officer has the same meaning it has in chapter 22
division 3. 23
disclosure obligation means-- 24
(a) the obligation of the prosecution, for the purposes of a 25
relevant proceeding under chapter division 3, to comply 26
with the requirements of that chapter division for 27
disclosure, other than the obligation to comply with a 28
disclosure direction as defined in section 590AV; or 29
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
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[s 35]
(b) the obligation of an accused person to comply with 1
requirements of chapter division 4 for disclosure. 2
disclosure obligation direction means a direction or ruling 3
under section 590AA(2)(ba), to the extent it relates to 4
compliance with a disclosure obligation. 5
party, to a proceeding, means-- 6
(a) an accused person who is charged with an offence the 7
subject of the proceeding; or 8
(b) the prosecution in relation to an offence the subject of 9
the proceeding. 10
prosecution has the same meaning it has in chapter division 3. 11
`590F Subject matter for disclosure obligation direction 12
`(1) A disclosure obligation direction may provide for any of the 13
following-- 14
(a) whether a party to a proceeding has a disclosure 15
obligation in relation to another party to the proceeding; 16
(b) requiring that a particular thing must be disclosed; 17
(c) allowing the court to inspect a particular thing to decide 18
whether the court should further direct that a party has a 19
disclosure obligation in relation to the thing; 20
(d) allowing the court to examine the arresting officer to 21
decide whether the prosecution has a disclosure 22
obligation in relation to a particular thing; 23
(e) requiring that the arresting officer file an affidavit to 24
allow the court to decide whether the prosecution has a 25
disclosure obligation in relation to a particular thing; 26
(f) allowing the accused person or a lawyer acting for the 27
accused person to cross-examine the arresting officer on 28
an affidavit mentioned in paragraph (e) to allow the 29
court to decide whether the prosecution has a disclosure 30
obligation in relation to a particular thing; 31
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 35]
(g) how a disclosure obligation is to be complied with in a 1
particular case; 2
(h) setting a timetable for compliance with a disclosure 3
obligation. 4
`(2) Subsection (1) does not limit section 590AA(2)(ba). 5
`(3) The court may make a disclosure obligation direction on the 6
conditions, whether about the circumstances of disclosure or 7
otherwise, it considers appropriate. 8
`(4) If a date is set for the commencement of the hearing of 9
evidence in the proceeding, any examination or 10
cross-examination allowed for in a disclosure obligation 11
direction must be conducted before that date. 12
`(5) If a person is examined by the court as provided for in 13
subsection (1)(d), required to file an affidavit as provided for 14
in subsection (1)(e) or cross-examined as provided for in 15
subsection (1)(f), the person is not excused from failing to 16
answer a question or file an affidavit on the ground that the 17
answer or affidavit might tend to incriminate the person 18
because the person would be required to admit to a failure to 19
comply with a disclosure obligation. 20
`(6) However, the answer or affidavit is not admissible against the 21
person in a criminal proceeding, other than a perjury 22
proceeding in relation to the answer or affidavit. 23
`(7) In this section-- 24
perjury proceeding, in relation to an answer or affidavit, 25
means a proceeding in which the falsity or misleading nature 26
of the answer or affidavit is relevant. 27
`590G Application for disclosure obligation direction 28
`(1) The procedures applying in relation to an application under 29
section 590AA(1) by a party to a proceeding for a disclosure 30
obligation direction are stated in the Criminal Practice Rules 31
1999, chapter 9A. 32
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 36]
`(2) To the greatest practicable extent, the procedures apply in 1
addition to, and do not limit, the procedures applying under 2
the Criminal Practice Rules 1999, chapter 9. 3
`(3) The existence of the procedures mentioned in subsection (1) is 4
not intended to stop either party to a proceeding from writing 5
to, or otherwise communicating information to, the other 6
party to resolve issues arising over a disclosure obligation.'. 7
Clause 36 Amendment of s 651 (Court may decide summary 8
offences if a person is charged on indictment) 9
Section 651(7), definition summary offence-- 10
insert-- 11
`(c) an indictable offence against this Code if, under section 12
552A, the prosecution has elected to have a charge for 13
the offence heard and decided summarily; or 14
(d) an indictable offence against this Code if, under section 15
552BA, the charge for the offence must be heard and 16
decided summarily.'. 17
Clause 37 Insertion of new s 706A 18
Chapter 71-- 19
insert-- 20
`706A Development of administrative arrangements 21
`(1) An administrative arrangement can not affect-- 22
(a) any power of a court, including any inherent power, to 23
give a direction or make an order in a particular case, or 24
generally; or 25
(b) the judicial independence of any court or judicial officer. 26
`(2) However, a practice direction may be made to give effect to an 27
administrative arrangement. 28
`(3) In this section-- 29
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 37]
administrative arrangement means an arrangement entered 1
into between 2 or more relevant agencies for the development 2
of compatible business and operating processes to facilitate 3
the efficient and timely resolution of proceedings under 4
relevant laws. 5
relevant agency means any of the following-- 6
(a) the chief executive; 7
(b) the chief executive (corrective services); 8
(c) the chief executive of the department in which the Youth 9
Justice Act 1992 is administered; 10
(d) the commissioner of the police service; 11
(e) the director of public prosecutions; 12
(f) the Chief Magistrate under the Magistrates Act 1991; 13
(g) the Chief Judge of the District Court of Queensland 14
under the District Court of Queensland Act 1967; 15
(h) the Chief Justice of Queensland; 16
(i) the chief executive officer, Legal Aid Queensland; 17
(j) the president of the Queensland Law Society 18
Incorporated; 19
(k) the president of the Bar Association of Queensland; 20
(l) if nominated by the chief executive--the chief executive 21
officer of a publicly funded, non-profit corporation 22
whose primary purpose as a corporation is to provide 23
legal services to Aboriginal and Torres Strait Islander 24
people. 25
relevant law means any of the following-- 26
(a) any law that includes provisions relating to criminal 27
procedure, including in particular this Code and the 28
Justices Act 1886; 29
(b) any other law that operates in conjunction with, or 30
whose operation is otherwise associated with, the 31
operation of a law mentioned in paragraph (a); 32
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 38]
(c) practice directions relating to criminal practice and 1
procedure for the purposes of the operation of a law 2
mentioned in paragraph (a).'. 3
Clause 38 Insertion of new ch 87 4
Part 9-- 5
insert-- 6
`Chapter 87 Transitional provisions for Civil 7
and Criminal Jurisdiction 8
Reform and Modernisation 9
Amendment Act 2010 10
`724 Definitions for ch 87 11
`In this chapter-- 12
amending Act means the Civil and Criminal Jurisdiction 13
Reform and Modernisation Amendment Act 2010. 14
originating step, for a proceeding, means-- 15
(a) the arrest of the defendant in the proceeding; or 16
(b) the making of a complaint under the Justices Act 1886, 17
section 42 in relation to the defendant in the proceeding; 18
or 19
(c) the serving of a notice to appear on the defendant in the 20
proceeding under the Police Powers and Responsibilities 21
Act 2000, section 382. 22
`725 New disclosure provisions apply only to prosecutions 23
commenced after commencement 24
`(1) Chapter 62, chapter divisions 2, 3, 4 and 4A, as amended or 25
inserted by the amending Act, apply to a proceeding for an 26
offence only if an originating step for the proceeding is taken 27
on or after the commencement of this section. 28
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 4 Amendment of Criminal Code
[s 38]
`(2) For subsection (1), it does not matter when the offence was 1
committed. 2
`726 New summary disposition provisions apply only to 3
prosecutions commenced after commencement 4
`(1) Chapter 58A, as amended by the amending Act, applies in 5
relation to a charge for an offence only if an originating step 6
for the proceeding for the charge is taken on or after the 7
commencement of this section. 8
`(2) For subsection (1), it does not matter when the offence was 9
committed. 10
`(3) Subsection (4) applies if-- 11
(a) an originating step for a proceeding for a charge for an 12
old offence is taken against a person on or after the 13
commencement of this section in relation to 14
circumstances that happened before the repeal of the 15
provision providing for the old offence; and 16
(b) the proceeding for the old offence is not prevented under 17
section 11(1). 18
`(4) The issue of whether the charge for the old offence must be 19
heard and decided summarily must, to the greatest practicable 20
extent, be decided according to whether a charge for the new 21
offence could be, or would be required to be, heard and 22
decided summarily. 23
`(5) In this section-- 24
new offence means the offence that, for the purposes of 25
section 11(1), is the offence under the law in force at the time 26
when the person is charged with the old offence. 27
old offence means an offence against a provision of this Code 28
that was repealed at any time before the commencement of 29
this section.'. 30
Page 43
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 5 Amendment of Criminal Practice Rules 1999
[s 39]
Part 5 Amendment of Criminal 1
Practice Rules 1999 2
Clause 39 Rules amended 3
This part amends the Criminal Practice Rules 1999. 4
Clause 40 Amendment of r 5 (Application of rules to Magistrates 5
Courts) 6
Rule 5, after the second dot point-- 7
insert-- 8
`· chapter 9A 9
· chapter 14, to the extent provided for in rule 59(3).'. 10
Clause 41 Amendment of ch 9, hdg 11
Chapter 9, heading, after `rulings'-- 12
insert-- 13
`generally'. 14
Clause 42 Insertion of new ch 9A 15
After rule 43-- 16
insert-- 17
`Chapter 9A Disclosure obligation 18
directions 19
`43A Purpose and scope of ch 9A 20
`This chapter states the procedures applying in relation to-- 21
(a) an application to a court under the Code, section 22
590AA(1) by a party to a relevant proceeding for a 23
disclosure obligation direction; or 24
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 5 Amendment of Criminal Practice Rules 1999
[s 42]
(b) a party to a relevant proceeding seeking, at a direction 1
hearing under the Justices Act 1886, section 83A, a 2
disclosure obligation direction. 3
`43B Definitions for ch 9A 4
`In this chapter-- 5
applicant means a party to a proceeding who-- 6
(a) applies for a disclosure obligation direction under the 7
Code, section 590AA(1); or 8
(b) seeks, at a direction hearing under the Justices Act 1886, 9
section 83A, a disclosure obligation direction. 10
applicant's communication means the applicant's 11
communication to the respondent under rule 43C. 12
disclosure obligation means a disclosure obligation under-- 13
(a) the Code, chapter 62, chapter division 4A; or 14
(b) the Justices Act 1886, part 4, division 10B. 15
disclosure obligation direction means a disclosure obligation 16
direction under-- 17
(a) the Code, chapter 62, chapter division 4A; or 18
(b) the Justices Act 1886, part 4, division 10B. 19
nominated time see rule 43C(2)(d). 20
party, to a proceeding, means-- 21
(a) an accused person who is charged with an offence the 22
subject of the proceeding; or 23
(b) the prosecution in relation to an offence the subject of 24
the proceeding. 25
prosecution has the same meaning it has for the Code, chapter 26
62, chapter division 3. 27
relevant proceeding means a relevant proceeding under the 28
Code, chapter 62, chapter division 3. 29
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 5 Amendment of Criminal Practice Rules 1999
[s 42]
respondent means a party to a proceeding against whom a 1
disclosure obligation direction is sought. 2
respondent's response means the respondent's response under 3
rule 43C. 4
`43C Procedure applying before filing of application for 5
disclosure obligation direction 6
`(1) This rule provides for the procedures that apply before the 7
filing of an application for a disclosure obligation direction. 8
`(2) The applicant must, by letter, or by email or some other 9
electronic form of written communication-- 10
(a) advise the respondent of the following-- 11
(i) what the applicant says the respondent should have 12
done, but has not done, in relation to the disclosure 13
obligation that is to be the subject of the disclosure 14
obligation direction to be sought by the applicant; 15
(ii) the disclosure obligation direction to be sought by 16
the applicant; and 17
(b) give the respondent a brief statement about what the 18
applicant considers the respondent should give the 19
applicant to satisfy the applicant that the respondent has 20
complied with the disclosure obligation; and 21
(c) advise the respondent whether the applicant is asking 22
for the court-- 23
(i) to require the parties to the proceeding to attend 24
before the court and make oral submissions in 25
relation to the application; or 26
(ii) to decide the application based on the material to 27
be placed before the court in the absence of the 28
parties; and 29
(d) nominate a time (the nominated time) for the 30
respondent to respond to the applicant's communication. 31
`(3) The nominated time must be-- 32
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 5 Amendment of Criminal Practice Rules 1999
[s 42]
(a) the time set by the court or by a practice direction; or 1
(b) if there is no time set by the court or by a practice 2
direction--a time that is reasonable in the 3
circumstances, but in any event not less than 7 days. 4
`(4) The response must-- 5
(a) state that the response is a response to the applicant's 6
communication; and 7
(b) advise the applicant of what the respondent intends to 8
do in response to the applicant's communication; and 9
(c) advise the applicant whether the respondent wishes the 10
court-- 11
(i) to require the parties to the proceeding to attend 12
before the court and make oral submissions in 13
relation to the application; or 14
(ii) to decide the application based on the material to 15
be placed before the court in the absence of the 16
parties. 17
`43D Filing of application for disclosure obligation direction 18
`(1) The applicant may file the application for a disclosure 19
obligation direction if-- 20
(a) the applicant receives a respondent's response but the 21
response is not satisfactory to the applicant; or 22
(b) the applicant does not receive a respondent's response 23
within the nominated time. 24
`(2) The applicant must file all of the following documents with 25
the application-- 26
(a) a copy of the applicant's communication; 27
(b) if the respondent gave a respondent's response--a copy 28
of the response; 29
(c) a copy of any other relevant correspondence exchanged 30
between the applicant and the respondent. 31
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 5 Amendment of Criminal Practice Rules 1999
[s 42]
`(3) The application must be filed, and served on each other party 1
to the relevant proceeding-- 2
(a) if the relevant proceeding is a prescribed summary trial 3
or a committal proceeding as mentioned in the Code, 4
section 590AD, definition relevant proceeding--not 5
later than the day before the date set by the court for the 6
commencement of the hearing of evidence in the 7
proceeding; or 8
(b) if the relevant proceeding is a trial on indictment as 9
mentioned in the Code, section 590AD, definition 10
relevant proceeding-- 11
(i) if the trial starts less than 28 days after presentation 12
of the indictment--before evidence starts to be 13
heard at the trial; or 14
(ii) otherwise--not more than 28 days after 15
presentation of the indictment. 16
`(4) Unless the court otherwise directs, the material before the 17
court in relation to an application for a disclosure obligation 18
direction must include the application for the disclosure 19
obligation direction and the documents mentioned in subrule 20
(2). 21
`43E Disposal of application for disclosure obligation 22
direction 23
`The court may dispose of an application for a disclosure 24
obligation direction without requiring the parties to the 25
proceeding to attend before the court, and without oral 26
submissions being made, unless the applicant has, in the 27
applicant's communication, or the respondent has, in the 28
respondent's response, stated that the party wishes to make an 29
oral submission in relation to the application.'. 30
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 5 Amendment of Criminal Practice Rules 1999
[s 43]
Clause 43 Amendment of r 59 (Application of ch 14) 1
Rule 59-- 2
insert-- 3
`(3) Rule 62 also applies to a proceeding in a Magistrates Court.'. 4
Clause 44 Amendment of r 62 (Verdict and judgment record) 5
(1) Rule 62(2)(c), after `judge'-- 6
insert-- 7
`, magistrate or justice'. 8
(2) Rule 62(3)-- 9
omit, insert-- 10
`(3) A copy of the record must be given to the chief executive 11
(corrective services) if-- 12
(a) an Act provides for it to be given; or 13
(b) the person is being committed into, or remanded in, 14
custody; or 15
(c) the record is otherwise relevant to the functions and 16
powers of the chief executive (corrective services).'. 17
(3) Rule 62-- 18
insert-- 19
`(5) The proper officer may amend the record if it is inaccurate in 20
any respect and, if a copy of an inaccurate record has been 21
given to the chief executive (corrective services), the proper 22
officer must replace the copy with a copy of the record as 23
amended.'. 24
Clause 45 Insertion of new ch 17 25
After rule 122-- 26
insert-- 27
Page 49
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 5 Amendment of Criminal Practice Rules 1999
[s 46]
`Chapter 17 Transitional provisions 1
`123 Transitional provision for Civil and Criminal 2
Jurisdiction Reform and Modernisation 3
Amendment Act 2010 4
`(1) On the commencement of this rule, rules 59 and 62, and 5
schedule 6, definition court, as amended by the amending Act, 6
and the relevant rule 5 amendment, have effect in relation to a 7
proceeding, regardless of when the proceeding was 8
commenced. 9
`(2) To remove any doubt, it is declared that chapter 9A, as 10
inserted by the amending Act, applies to a proceeding only if 11
the Criminal Code, chapter 62, chapter division 4A or the 12
Justices Act 1886, part 4, division 10B applies to the 13
proceeding. 14
`(3) In this rule-- 15
amending Act means the Civil and Criminal Jurisdiction 16
Reform and Modernisation Amendment Act 2010. 17
relevant rule 5 amendment means the amendment of rule 5 18
by the amending Act to the extent the amendment inserts a 19
reference to chapter 14.'. 20
Clause 46 Amendment of sch 6 (Dictionary) 21
(1) Schedule 6, definitions chief executive (corrective services) 22
and respondent-- 23
omit. 24
(2) Schedule 6-- 25
insert-- 26
`applicant, for chapter 9A, see rule 43B. 27
applicant's communication, for chapter 9A, see rule 43B. 28
disclosure obligation, for chapter 9A, see rule 43B. 29
disclosure obligation direction, for chapter 9A, see rule 43B. 30
Page 50
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 6 Amendment of District Court of Queensland Act 1967
[s 47]
nominated time, for chapter 9A, see rule 43B. 1
prosecution, for chapter 9A, see rule 43B. 2
relevant proceeding, for chapter 9A, see rule 43B. 3
respondent-- 4
(a) in an appeal, means-- 5
(i) a person who is defending the appeal; or 6
(ii) a cross-appellant; or 7
(b) for chapter 9A, see rule 43B. 8
respondent's response, for chapter 9A, see rule 43B.'. 9
(3) Schedule 6, definition court, paragraph (a), after `34'-- 10
insert-- 11
`and rule 62'. 12
(4) Schedule 6, definition party, paragraph (c)-- 13
renumber as paragraph (d). 14
(5) Schedule 6, definition party-- 15
insert-- 16
`(c) for chapter 9A, see rule 43B; or'. 17
Part 6 Amendment of District Court of 18
Queensland Act 1967 19
Clause 47 Act amended 20
This part amends the District Court of Queensland Act 1967. 21
Clause 48 Amendment of s 61 (Criminal jurisdiction if maximum 22
penalty more than 14 years) 23
(1) Section 61, heading, `14 years'-- 24
Page 51
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 6 Amendment of District Court of Queensland Act 1967
[s 49]
omit, insert-- 1
`20 years'. 2
(2) Section 61(1) and (2), `14 years'-- 3
omit, insert-- 4
`20 years'. 5
(3) Section 61(2)(b), `210(3) or (4),'-- 6
omit. 7
(4) Section 61(2)(b), `398, 409,'-- 8
omit. 9
Clause 49 Amendment of s 68 (Civil jurisdiction) 10
(1) Section 68(2), definition monetary limit, `$250000'-- 11
omit, insert-- 12
`$750000'. 13
(2) Section 68(3)(b), `in the case of proceedings falling within 14
subsection (1)(b)(iii), (xi) or (xii)--'-- 15
omit. 16
Clause 50 Amendment of s 69 (Powers of District Court) 17
(1) Section 69(1), after `authorities of the Supreme Court,'-- 18
insert-- 19
`including the powers and authorities conferred on the 20
Supreme Court by an Act,'. 21
(2) Section 69(1)-- 22
insert-- 23
`Example of power conferred on the Supreme Court by an Act-- 24
the power of the Supreme Court under the Land Title Act 1994, section 25
127 (Removing a caveat) to order that a caveat be removed'. 26
Page 52
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 6 Amendment of District Court of Queensland Act 1967
[s 51]
Clause 51 Amendment of s 75 (When a jury may be summoned) 1
(1) Section 75(a), (b) and (c), `$10000'-- 2
omit, insert-- 3
`the Magistrates Courts jurisdictional limit'. 4
(2) Section 75-- 5
insert-- 6
`(2) In this section-- 7
Magistrates Courts jurisdictional limit means the amount 8
applying under the Magistrates Courts Act 1921, section 4(a), 9
as the limit of the amount claimed in a personal action.'. 10
Clause 52 Amendment of s 77 (Removal of proceedings from 11
Supreme Court to District Court) 12
Section 77-- 13
insert-- 14
`(7) The reference in subsection (1)(b) to an Act amending the 15
jurisdiction of the District Court does not include reference to 16
the Civil and Criminal Jurisdiction Reform and 17
Modernisation Amendment Act 2010.'. 18
Clause 53 Amendment of s 78 (Removal of proceedings from the 19
District Court to a Magistrates Court) 20
Section 78-- 21
insert-- 22
`(7) The reference in subsection (1)(b) to an Act amending the 23
jurisdiction of Magistrates Courts does not include reference 24
to the Civil and Criminal Jurisdiction Reform and 25
Modernisation Amendment Act 2010.'. 26
Clause 54 Amendment of s 118 (Appeal to the Court of Appeal in 27
certain cases) 28
Section 118(2), after `final'-- 29
Page 53
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 6 Amendment of District Court of Queensland Act 1967
[s 55]
insert-- 1
`or interlocutory'. 2
Clause 55 Insertion of new ss 145 and 146 3
After section 144-- 4
insert-- 5
`145 Transitional provision for Civil and Criminal 6
Jurisdiction Reform and Modernisation 7
Amendment Act 2010--civil jurisdiction 8
`Sections 68, 75 and 118, as amended by the Civil and 9
Criminal Jurisdiction Reform and Modernisation Amendment 10
Act 2010, apply only to actions, matters or proceedings 11
commenced after the commencement of this section. 12
`146 Transitional provision for Civil and Criminal 13
Jurisdiction Reform and Modernisation 14
Amendment Act 2010--criminal jurisdiction 15
`(1) Section 61, as amended by the Civil and Criminal Jurisdiction 16
Reform and Modernisation Amendment Act 2010, applies in 17
relation to a charge for an offence only if an originating step 18
for the proceeding for the charge is taken on or after the 19
commencement of this section. 20
`(2) For subsection (1), it does not matter when the offence was 21
committed. 22
`(3) In this section-- 23
originating step, for a proceeding, means-- 24
(a) the arrest of the defendant in the proceeding; or 25
(b) the making of a complaint under the Justices Act 1886, 26
section 42 in relation to the defendant in the proceeding; 27
or 28
(c) the serving of a notice to appear on the defendant in the 29
proceeding under the Police Powers and Responsibilities 30
Act 2000, section 382.'. 31
Page 54
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 7 Amendment of Drug Court Act 2000
[s 56]
Part 7 Amendment of Drug Court Act 1
2000 2
Clause 56 Act amended 3
This part amends the Drug Court Act 2000. 4
Clause 57 Amendment of s 8 (What is a relevant offence) 5
Section 8(1)(b)-- 6
omit, insert-- 7
`(b) an indictable offence being dealt with summarily; 8
Examples of provisions requiring or permitting indictable offences 9
to be dealt with summarily-- 10
· Criminal Code, section 552A (Charges of indictable 11
offences that must be heard and decided summarily on 12
prosecution election) 13
· Criminal Code, section 552B (Charges of indictable 14
offences that must be heard and decided summarily unless 15
defendant elects for jury trial) 16
· Criminal Code, section 552BA (Charges of indictable 17
offences that must be heard and decided summarily) 18
· Drugs Misuse Act 1986, section 13 (Certain offences may 19
be dealt with summarily) or 14 (Other offences that may be 20
dealt with summarily if no commercial purpose alleged)'. 21
Clause 58 Amendment of s 36 (Final sentence to be decided on 22
completion or termination of rehabilitation program) 23
Section 36(4), note, `552A or 552B'-- 24
omit, insert-- 25
`552A, 552B or 552BA'. 26
Clause 59 Amendment of s 37 (Immunity from prosecution) 27
(1) Section 37(3)(b), `552B'-- 28
Page 55
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 7 Amendment of Drug Court Act 2000
[s 60]
omit, insert-- 1
`552A, 552B or 552BA'. 2
(2) Section 37(3)(b), `13'-- 3
omit, insert-- 4
`13 or 14'. 5
(3) Section 37(3)-- 6
insert-- 7
`Editor's note-- 8
Criminal Code, section 552A (Charges of indictable offences 9
that must be heard and decided summarily on prosecution 10
election), 552B (Charges of indictable offences that must be 11
heard and decided summarily unless defendant elects for jury 12
trial) or 552BA (Charges of indictable offences that must be 13
heard and decided summarily) or Drugs Misuse Act 1986, 14
section 13 (Certain offences may be dealt with summarily) or 14 15
(Other offences that may be dealt with summarily if no 16
commercial purpose alleged)'. 17
Clause 60 Insertion of new pt 7, div 3 18
After section 51-- 19
insert-- 20
`Division 3 Transitional provision for Civil and 21
Criminal Jurisdiction Reform and 22
Modernisation Amendment Act 23
2010 24
`52 Amendments apply only to prosecutions 25
commenced after commencement 26
`(1) Sections 8 and 37, as amended by the Civil and Criminal 27
Jurisdiction Reform and Modernisation Amendment Act 2010, 28
apply in relation to a charge for an offence only if an 29
originating step for the proceeding for the charge is taken on 30
or after the commencement of this section. 31
Page 56
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 8 Amendment of Drugs Misuse Act 1986
[s 61]
`(2) For subsection (1), it does not matter when the offence was 1
committed. 2
`(3) In this section-- 3
originating step, for a proceeding, means-- 4
(a) the arrest of the defendant in the proceeding; or 5
(b) the making of a complaint under the Justices Act 1886, 6
section 42 in relation to the defendant in the proceeding; 7
or 8
(c) the serving of a notice to appear on the defendant in the 9
proceeding under the Police Powers and Responsibilities 10
Act 2000, section 382.'. 11
Part 8 Amendment of Drugs Misuse 12
Act 1986 13
Clause 61 Act amended 14
This part amends the Drugs Misuse Act 1986. 15
Clause 62 Insertion of new s 14 16
Part 2-- 17
insert-- 18
`14 Other offences that may be dealt with summarily if 19
no commercial purpose alleged 20
`(1) Subject to subsection (2), if a person charged with the 21
commission of a crime defined in section 9, or an attempt to 22
commit the crime, is liable on conviction to more than 15 23
years imprisonment, proceedings for a charge of the offence 24
may be taken summarily. 25
Editor's note-- 26
section 9 (Possessing dangerous drugs) 27
Page 57
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 8 Amendment of Drugs Misuse Act 1986
[s 63]
Note-- 1
It is open to the director of public prosecutions to issue guidelines for 2
deciding whether to take proceedings summarily under subsection (1). 3
(See the Director of Public Prosecutions Act 1984, section 11 (Powers 4
of director).) 5
`(2) Proceedings may not be taken summarily if the prosecution 6
alleges that the possession the subject of the charge was for a 7
commercial purpose. 8
`(3) A person against whom proceedings are taken summarily 9
under this section is liable, on conviction, to not more than 3 10
years imprisonment.'. 11
Clause 63 Amendment of s 127 (No costs to be awarded) 12
Section 127-- 13
insert-- 14
`(2) Subsection (1) does not apply to costs awarded under a 15
relevant provision in relation to a failure to comply with a 16
direction about disclosure. 17
`(3) In this section-- 18
relevant provision means-- 19
(a) the Criminal Code, section 590AAA; or 20
(b) the Justices Act 1886, section 83B.'. 21
Clause 64 Insertion of new pt 7, div 7 22
After section 141-- 23
insert-- 24
Page 58
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 9 Amendment of Evidence Act 1977
[s 65]
`Division 7 Provision for Civil and Criminal 1
Jurisdiction Reform and 2
Modernisation Amendment Act 3
2010 4
`142 New summary disposition provisions apply only to 5
prosecutions commenced after commencement 6
`(1) Section 14, as inserted by the Civil and Criminal Jurisdiction 7
Reform and Modernisation Amendment Act 2010, applies in 8
relation to a charge for an offence only if an originating step 9
for the proceeding for the charge is taken on or after the 10
commencement of this section. 11
`(2) For subsection (1), it does not matter when the offence was 12
committed. 13
`(3) In this section-- 14
originating step, for a proceeding, means-- 15
(a) the arrest of the defendant in the proceeding; or 16
(b) the making of a complaint under the Justices Act 1886, 17
section 42 in relation to the defendant in the proceeding; 18
or 19
(c) the serving of a notice to appear on the defendant in the 20
proceeding under the Police Powers and Responsibilities 21
Act 2000, section 382.'. 22
Part 9 Amendment of Evidence Act 23
1977 24
Clause 65 Act amended 25
This part amends the Evidence Act 1977. 26
Page 59
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 10 Amendment of Financial Accountability Act 2009
[s 66]
Clause 66 Amendment of s 21AF (Evidence-in-chief) 1
(1) Section 21AF(3)(a), `(5)(a) and (d)'-- 2
omit, insert-- 3
`(5), (6), (6B)'. 4
(2) Section 21AF(3)(b)(i), `(5)'-- 5
omit, insert-- 6
`(5), (6), (6B), (6C)'. 7
Part 10 Amendment of Financial 8
Accountability Act 2009 9
Clause 67 Act amended 10
This part amends the Financial Accountability Act 2009. 11
Clause 68 Amendment of s 97 (Treasurer's unclaimed moneys fund) 12
Section 97-- 13
insert-- 14
`(3) The Treasurer may withdraw moneys transferred to the 15
consolidated fund under subsection (2)(b) and pay them to a 16
person who proves to the Treasurer's satisfaction that the 17
moneys are the property of the person.'. 18
Page 60
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 11 Amendment of Justices Act 1886
[s 69]
Part 11 Amendment of Justices Act 1
1886 2
Clause 69 Act amended 3
This part amends the Justices Act 1886. 4
Clause 70 Amendment of s 4 (Definitions) 5
(1) Section 4-- 6
insert-- 7
`arresting officer, for part 4, division 10B, see section 83D. 8
disclosure obligation, for part 4, division 10B, see section 9
83D. 10
disclosure obligation direction, for part 4, division 10B, see 11
section 83D. 12
party, for part 4, division 10B, see section 83D. 13
prosecution, for part 4, division 10B, see section 83D. 14
registry committal means a committal by the clerk of a court 15
under an order under part 5, division 7A.'. 16
(2) Section 4, definition justices or justice, `stipendiary'-- 17
omit. 18
Clause 71 Amendment of s 22C (Appointment of clerks of the court) 19
Section 22C(1), `, by gazette notice,'-- 20
omit. 21
Clause 72 Insertion of new s 22D 22
After section 22C-- 23
insert-- 24
Page 61
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 11 Amendment of Justices Act 1886
[s 73]
`22D Principal clerk of courts 1
`(1) The Governor in Council may appoint a principal clerk of 2
courts. 3
`(2) The principal clerk of courts is appointed under the Public 4
Service Act 2008. 5
`(3) The principal clerk of courts is appointed for all Magistrates 6
Courts in Queensland. 7
`(4) The appointment of a person as principal clerk of courts is for 8
the whole of Queensland, and the person must not be 9
appointed for any particular place. 10
`(5) The principal clerk of courts may, for any place for which a 11
clerk of the court or assistant clerk of the court is appointed 12
under section 22C, discharge all the functions the clerk of the 13
court or assistant clerk of the court may discharge. 14
`(6) The principal clerk of courts may give directions to each clerk 15
of the court and assistant clerk of the court appointed under 16
section 22C, and to any other officer employed in a registry of 17
a Magistrates Court, about the discharge of the functions of 18
the clerk of the court, assistant clerk of the court or other 19
officer.'. 20
Clause 73 Insertion of new ss 23EB and 23EC 21
Part 3, division 2A-- 22
insert-- 23
`23EB Management by clerk of the court of charge pending 24
finalisation of proceeding under ex officio indictment 25
`(1) A court may, under this section, refer to the clerk of the court 26
a charge before the court, but only if the defendant in relation 27
to the charge-- 28
(a) is represented by a lawyer; and 29
(b) is not in custody; and 30
(c) is not in breach of any condition of the undertaking on 31
which the defendant was granted bail. 32
Page 62
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 11 Amendment of Justices Act 1886
[s 73]
`(2) A charge (the relevant charge) may be referred to the clerk of 1
the court if-- 2
(a) it is a charge for an indictable offence; and 3
(b) the prosecution and the defendant advise the court they 4
are agreed that-- 5
(i) an indictment for the offence the subject of the 6
relevant charge has been or is to be presented under 7
the Criminal Code, section 561; or 8
Editor's note-- 9
Criminal Code, section 561 (Ex officio indictments) 10
(ii) an indictment for another indictable offence (the 11
other offence) has been or is to be presented under 12
the Criminal Code, section 561, and the other 13
offence arises out of the same set of circumstances 14
alleged in relation to the relevant charge. 15
`(3) If the relevant charge is referred under this section-- 16
(a) the clerk of the court has the following functions-- 17
(i) keeping the relevant charge under review; 18
(ii) referring the relevant charge back to the court if-- 19
(A) the clerk of the court considers this should be 20
done to ensure the hearing of the relevant 21
charge is not unnecessarily delayed; or 22
(B) the prosecution or the defendant asks the 23
clerk of the court to do so; and 24
(b) the registrar of the court in which the indictment 25
mentioned in subsection (2)(b)(i) or (ii) is presented 26
must, within 1 calendar month after the relevant charge 27
or the charge for the other offence is disposed of in that 28
court, advise the clerk of the court of the fact. 29
`(4) If the clerk of the court is advised under subsection (3)(b), no 30
further appearance is required in the Magistrates Court by any 31
party to the proceeding for the relevant charge. 32
Page 63
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 11 Amendment of Justices Act 1886
[s 74]
`(5) The functions of the clerk of the court under this section do 1
not include any function in relation to bail. 2
Note-- 3
See the Bail Act 1980, section 34BB (Varying bail for charge for 4
indictable offence referred to clerk of the court under Justices Act 5
1886). 6
`(6) If the relevant charge is referred back to the court under 7
subsection (3)(a)(ii), the clerk of the court must give 8
reasonable notice, in writing, to all parties to the proceeding-- 9
(a) advising that the relevant charge has been referred back 10
to the court; and 11
(b) stating the time and place for the next hearing of the 12
proceeding in the court. 13
`23EC Magistrate for other district or division authorised to 14
grant bail may also adjourn a hearing for offence 15
`(1) This section applies if an application for bail is made under 16
the Bail Act 1980, section 15A, as applied under section 15B 17
of that Act, to a magistrate constituting a Magistrates Court 18
(the bail court) for a district or division outside the district or 19
division in which the application would otherwise be required 20
to be made. 21
`(2) At the hearing, the magistrate, as well as deciding the 22
application for bail, may-- 23
(a) adjourn the proceeding for the offence to a stated time 24
and place; or 25
(b) adjourn the proceeding without stating a time and place, 26
and order that the time and place be decided by a 27
Magistrates Court, whether or not the bail court, for a 28
stated district or division.'. 29
Clause 74 Amendment of s 30 (Stipendiary magistrates) 30
(1) Section 30, heading, `Stipendiary magistrates'-- 31
omit, insert-- 32
Page 64
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 11 Amendment of Justices Act 1886
[s 75]
`Magistrates'. 1
(2) Section 30(1) and (2), `stipendiary'-- 2
omit. 3
Clause 75 Amendment of s 41 (Prosecution disclosure) 4
Section 41, before `are'-- 5
insert-- 6
`for a relevant proceeding as defined in the Criminal Code, 7
section 590AD'. 8
Clause 76 Amendment of s 52 (Limitation of proceedings) 9
Section 52-- 10
insert-- 11
`(2) However, if in relation to the matter of complaint-- 12
(a) a proceeding was previously commenced for an 13
indictable offence against the Criminal Code or the 14
Drugs Misuse Act 1986; and 15
(b) the proceeding has been discontinued, or is to be 16
discontinued by a Crown Law Officer as defined in the 17
Criminal Code; 18
complaint must be made within 2 years from the time when 19
the matter of the complaint arose. 20
`(3) Also, subsection (1) does not apply to an offence if, under the 21
Act providing for the offence, the Magistrates Court has 22
jurisdiction for the offence regardless of when the matter of 23
complaint arose. 24
Example for subsection (3)-- 25
The Criminal Code, section 552F gives jurisdiction to a Magistrates 26
Court that hears and decides a charge summarily under section 552A, 27
552B or 552BA of that Code despite the time that has elapsed from the 28
time when the matter of complaint of the charge arose.'. 29
Page 65
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 11 Amendment of Justices Act 1886
[s 77]
Clause 77 Amendment of s 56 (Service of summonses) 1
Section 56(5), `stipendiary'-- 2
omit. 3
Clause 78 Amendment of s 83A (Direction hearing) 4
(1) Section 83A(5)(aa)-- 5
omit, insert-- 6
`(aa) disclosure under the Criminal Code, chapter 62, chapter 7
division 3;'. 8
(2) After section 83A(5)-- 9
insert-- 10
`(5AA) A magistrate may also, at a direction hearing, give a direction 11
under this section requiring the prosecution to call the maker 12
of a written statement tendered or to be tendered by the 13
prosecution under section 110A(3)-- 14
(a) to attend before the court as a witness to give oral 15
evidence; or 16
(b) to be made available for cross-examination on the 17
written statement. 18
`(5AB) Subsection (5AA)-- 19
(a) applies subject to section 110B; and 20
(b) does not apply to a written statement given by an 21
affected child under the Evidence Act 1977, part 2, 22
division 4A, subdivision 2. 23
`(5AC) Also, a direction can not be given under subsection (5AA) if it 24
would provide for a cross-examination that is not otherwise 25
permitted. 26
Example-- 27
The Evidence Act 1977, section 21N provides that a person charged may 28
not cross-examine a protected witness in person.'. 29
(3) Section 83A(8), after `proceeding'-- 30
Page 66
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 11 Amendment of Justices Act 1886
[s 79]
insert-- 1
`, except to the extent they are awarded under section 83B 2
arising out of noncompliance with a direction given under 3
subsection (5)(aa)'. 4
(4) Section 83A(9)-- 5
renumber as section 83A(10). 6
(5) Section 83A-- 7
insert-- 8
`(9) A direction hearing for a disclosure obligation direction under 9
division 10B, or for a direction under subsection (5AA), may 10
be held on the date set by the court for the commencement of 11
the hearing of evidence in the proceeding the subject of the 12
direction.'. 13
Clause 79 Insertion of new s 83B and new pt 4, div 10B 14
After section 83A-- 15
insert-- 16
`83B Noncompliance with direction about disclosure 17
`(1) If it appears to the court that a person has not complied with a 18
direction given under section 83A(5)(aa), the court may order 19
the person to file an affidavit, or give evidence in court, 20
explaining and justifying the failure to comply. 21
`(2) If the court requires the person to file an affidavit, a copy of 22
the affidavit must be served on the defendant. 23
`(3) An order under subsection (1) may be made-- 24
(a) on the court's own initiative; or 25
(b) on the application of the defendant. 26
`(4) If the court is not satisfied the person's affidavit or evidence 27
satisfactorily explains and justifies the noncompliance, the 28
court may-- 29
(a) adjourn the proceeding to allow enough time for-- 30
Page 67
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 11 Amendment of Justices Act 1886
[s 79]
(i) the person to comply with the disclosure direction; 1
and 2
(ii) the defendant to consider anything disclosed under 3
the disclosure direction and obtain any necessary 4
further evidence; and 5
(b) if the court is satisfied that the noncompliance was 6
unjustified, unreasonable or deliberate--make, in 7
relation to the adjournment, an award in favour of the 8
defendant of an amount of costs the court considers just 9
and reasonable; and 10
(c) if an award of costs is made under paragraph (b)--fix a 11
time for the amount to be paid. 12
`(5) This section does not limit the court's power otherwise to deal 13
with a failure to comply with a direction of any kind given 14
under section 83A, including, for example, any power in the 15
court to punish for contempt. 16
`(6) A person is not excused from failing to file an affidavit or give 17
evidence under this section on the ground that an affidavit or 18
evidence explaining and justifying a failure to comply with 19
the direction given under section 83A(5)(aa) might tend to 20
incriminate the person because the person would be required 21
to admit to the failure to comply. 22
`(7) However, the affidavit or evidence is not admissible against 23
the person in a criminal proceeding or a proceeding for 24
contempt. 25
`(8) Subsection (7) does not stop the affidavit or evidence from 26
being admissible against the person-- 27
(a) in a perjury proceeding in relation to the affidavit or 28
evidence; or 29
(b) for the purposes of making an order under subsection 30
(4). 31
`(9) In this section-- 32
perjury proceeding, in relation to an affidavit or evidence, 33
means a proceeding in which the falsity or misleading nature 34
of the affidavit or evidence is relevant. 35
Page 68
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 11 Amendment of Justices Act 1886
[s 79]
`Division 10B Disclosure obligation directions 1
`83C Purpose and scope of div 10B 2
`(1) This division makes particular provision for disclosure 3
obligation directions. 4
`(2) This division does not affect-- 5
(a) any other power a court has in relation to a failure to 6
comply with a disclosure obligation, including, for 7
example, the court's power to exclude evidence if it 8
would be unfair to a defendant to admit the evidence; or 9
(b) any other action that may be taken against the 10
prosecution in relation to a failure to comply with a 11
disclosure obligation. 12
`(3) This division does not limit the making of practice directions 13
by the Chief Magistrate about disclosure in a proceeding. 14
`83D Definitions for div 10B 15
In this division-- 16
arresting officer has the same meaning it has in the Criminal 17
Code, chapter 62, chapter division 3. 18
disclosure obligation means the obligation of the prosecution, 19
for the purposes of a relevant proceeding under the Criminal 20
Code, chapter 62, chapter division 3, to comply with the 21
requirements of that chapter division for disclosure to a 22
defendant, other than the obligation to comply with a 23
disclosure direction as defined in the Criminal Code, section 24
590AV. 25
disclosure obligation direction means a direction under 26
section 83A, to the extent it relates to compliance with a 27
disclosure obligation. 28
party, to a proceeding, includes-- 29
(a) a defendant who is charged with an offence the subject 30
of the proceeding; and 31
Page 69
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 11 Amendment of Justices Act 1886
[s 79]
(b) the prosecution in relation to an offence the subject of 1
the proceeding. 2
prosecution has the same meaning it has in the Criminal 3
Code, chapter 62, chapter division 3. 4
`83E Subject matter for disclosure obligation direction 5
`(1) A disclosure obligation direction may provide for any of the 6
following-- 7
(a) whether the prosecution has a disclosure obligation in 8
relation to a defendant; 9
(b) requiring that a particular thing must be disclosed; 10
(c) allowing the court to inspect a particular thing to decide 11
whether the court should further direct that the 12
prosecution has a disclosure obligation in relation to the 13
thing; 14
(d) allowing the court to examine the arresting officer to 15
decide whether the prosecution has a disclosure 16
obligation in relation to a particular thing; 17
(e) requiring that the arresting officer file an affidavit to 18
allow the court to decide whether the prosecution has a 19
disclosure obligation in relation to a particular thing; 20
(f) allowing the defendant or a lawyer acting for the 21
defendant to cross-examine the arresting officer on an 22
affidavit mentioned in paragraph (e) to allow the court to 23
decide whether the prosecution has a disclosure 24
obligation in relation to a particular thing; 25
(g) how a disclosure obligation is to be complied with in a 26
particular case; 27
(h) setting a timetable for compliance with a disclosure 28
obligation. 29
`(2) Subsection (1) does not limit section 83A(5)(aa). 30
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`(3) The court may make a disclosure obligation direction on the 1
conditions, whether about the circumstances of disclosure or 2
otherwise, it considers appropriate. 3
`(4) Any examination or cross-examination allowed for in a 4
disclosure obligation direction-- 5
(a) must be conducted before the date set for the 6
commencement of the hearing of evidence in the 7
proceeding; and 8
(b) can not affect any restrictions applying under part 5, 9
division 5 on the calling and cross-examination of 10
witnesses at a committal proceeding. 11
`(5) If a person is examined by the court as provided for in 12
subsection (1)(d), required to file an affidavit as provided for 13
in subsection (1)(e) or cross-examined as provided for in 14
subsection (1)(f), the person is not excused from failing to 15
answer a question or file an affidavit on the ground that the 16
answer or affidavit might tend to incriminate the person 17
because the person would be required to admit to a failure to 18
comply with a disclosure obligation. 19
`(6) However, the answer or affidavit is not admissible against the 20
person in a criminal proceeding, other than a perjury 21
proceeding in relation to the answer or affidavit. 22
`(7) In this section-- 23
perjury proceeding, in relation to an answer or affidavit, 24
means a proceeding in which the falsity or misleading nature 25
of the answer or affidavit is relevant. 26
`83F Application for disclosure obligation direction 27
`(1) The procedures applying in relation to a defendant seeking, at 28
a direction hearing under section 83A, a disclosure obligation 29
direction are stated in the Criminal Practice Rules 1999, 30
chapter 9A. 31
`(2) To the greatest practicable extent, the procedures apply in 32
addition to, and do not limit, the procedures applying under 33
section 83A. 34
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`(3) The existence of the procedures mentioned in subsection (1) is 1
not intended to stop a party to a proceeding from writing to, or 2
otherwise communicating information to, another party to 3
resolve issues arising over a disclosure obligation.'. 4
Clause 80 Amendment of s 84 (Remand of defendant) 5
Section 84(1), `by their warrant'-- 6
omit. 7
Clause 81 Insertion of new s 88A 8
Part 4, division 11-- 9
insert-- 10
`88A Use of verdict and judgment record 11
`An order under section 84(1) providing for the remand of a 12
defendant, or under section 88(2)(a) providing for the 13
committal of a defendant, may be issued by a clerk of the 14
court, acting as a proper officer under the Criminal Practice 15
Rules 1999, in the form of a verdict and judgment record as 16
provided for under the rules.'. 17
Clause 82 Amendment of s 102C (Application for dismissal of 18
frivolous or vexatious complaints) 19
Section 102C, `stipendiary'-- 20
omit. 21
Clause 83 Amendment of s 102D (Appeal to Supreme Court from 22
magistrate's decision) 23
Section 102D(1) and (2), `stipendiary'-- 24
omit. 25
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Clause 84 Amendment of s 102E (Further proceedings on a 1
dismissed or struck out complaint prohibited) 2
Section 102E, `stipendiary'-- 3
omit. 4
Clause 85 Insertion of new s 103B 5
Part 5, division 5-- 6
insert-- 7
`103B Magistrate supervisory role 8
`(1) A magistrate has an overall supervisory responsibility for any 9
committal proceeding coming before a Magistrates Court at a 10
place where the magistrate is appointed to constitute a 11
Magistrates Court. 12
`(2) The supervisory responsibility includes setting timetables for 13
the committal proceeding to the extent not otherwise provided 14
for under an Act or practice direction. 15
`(3) Subsections (1) and (2) do not affect-- 16
(a) the powers of a justice or justices to act in relation to the 17
examination of witnesses in relation to an indictable 18
offence; or 19
(b) any other power of the court to control a proceeding or 20
of a magistrate to give a direction under section 83A; or 21
(c) the operation of the provisions of this division relating 22
to registry committals; or 23
(d) the duty of a magistrate to comply with directions or 24
requirements given or made by the Chief Magistrate.'. 25
Clause 86 Amendment of s 104 (Proceedings upon an examination 26
of witnesses in relation to an indictable offence) 27
Section 104(2)(b), after `to call witnesses'-- 28
insert-- 29
`for the defence'. 30
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Clause 87 Amendment of s 110A (Use of tendered statements in lieu 1
of oral testimony in committal proceedings) 2
(1) Section 110A(1) to (6)-- 3
omit, insert-- 4
`(1) This section applies if justices are conducting a proceeding 5
with a view to determining whether a defendant should be 6
committed for trial or sentence for an indictable offence. 7
`(2) If a written statement of a witness is tendered to them by the 8
defence, the justices may, subject to the provisions of this 9
section being satisfied, admit the statement as evidence 10
without the witness appearing before them to give evidence or 11
make a statement. 12
`(3) If a written statement of a witness is tendered to them by the 13
prosecution, the justices-- 14
(a) must, subject to the provisions of this section being 15
satisfied, admit the statement as evidence; and 16
(b) must not require the witness to appear before them to 17
give evidence or make a statement unless the witness is 18
required to be called by the prosecution because a 19
direction has been issued under section 83A(5AA). 20
`(4) However, if the defendant is not represented by a lawyer, 21
subsection (3) does not apply unless the justices are satisfied 22
that all of the following are true-- 23
(a) the defendant understands what the proceeding is about 24
and the possible consequences for the defendant arising 25
out of the proceeding; 26
(b) the defendant is aware that the defendant-- 27
(i) is entitled to be legally represented; and 28
(ii) may apply for legal assistance; 29
(c) the defendant has been made aware that the defendant 30
has a right to apply for a direction under section 31
83A(5AA) that the witness attend the proceeding to give 32
oral evidence; 33
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(d) the defendant has been given an explanation of the 1
requirements that apply under this division for making 2
an application as mentioned in paragraph (c). 3
`(5) Subsection (3)(b) does not stop the prosecution and the 4
defence agreeing that the witness will be present to be 5
cross-examined. 6
Note-- 7
It is open to the director of public prosecutions to issue guidelines for 8
the giving of agreement under subsection (5). (See the Director of 9
Public Prosecutions Act 1984, section 11 (Powers of director).) 10
`(6) If a witness is cross-examined because of an agreement under 11
subsection (5) or because of a direction given under section 12
83A(5AA), the justices must consider both the witness's 13
written statement and the oral evidence given by the witness. 14
`(6A) If a written statement is admitted as evidence under 15
subsection (2) or (3), the statement-- 16
(a) is taken to be evidence given or a statement made under 17
section 104 upon an examination of witnesses in 18
relation to an indictable offence; and 19
(b) is admissible as evidence to the same extent as it would 20
be if the contents of the statement had been given by the 21
oral evidence of the person who made the written 22
statement. 23
`(6B) A written statement tendered by the defence must not be 24
admitted unless-- 25
(a) the prosecution agrees to its admission; and 26
(b) no other party to the proceeding objects, before the 27
written statement is admitted in evidence, to the 28
statement being admitted under this section. 29
`(6C) A written statement tendered by the defence or the 30
prosecution must not be admitted unless-- 31
(a) a copy of it has been made available, by or on behalf of 32
the party proposing to tender it, to the other party or 33
parties; and 34
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(b) when the copy was made available, the party proposing 1
to tender it advised that the copy was being made 2
available with the intention that the written statement be 3
admitted under this section; and 4
(c) it is signed by the person making it and contains a 5
declaration by the person under the Oaths Act 1867, or a 6
written acknowledgement by the person, to the effect 7
that-- 8
(i) the statement is true to the best of the person's 9
knowledge and belief; and 10
(ii) the person made the statement knowing that the 11
person may be liable to prosecution for stating in it 12
anything that the person knew was false. 13
`(6D) Subsections (6E) and (6F) apply if-- 14
(a) all the evidence before the justices, whether for the 15
prosecution or the defence, without reference to other 16
evidence by way of exhibits, comprises written 17
statements admitted in accordance with this section; and 18
(b) the lawyer for the defendant consents to the defendant 19
being committed for trial, or consents to the defendant 20
being committed for sentence, without consideration of 21
the contents of the written statements. 22
`(6E) The justices must, without deciding under section 104(2) 23
whether the evidence is sufficient to put the defendant upon 24
trial for an indictable offence, but subject otherwise to section 25
104 with necessary changes-- 26
(a) formally charge the defendant; and 27
(b) order the defendant to be committed for trial or for 28
sentence. 29
`(6F) Subsection (6E) may be applied to commit the defendant for 30
trial or sentence even if, before the lawyer for the defendant 31
consented under subsection (6D)(b), 1 or more unsuccessful 32
applications were made to the court for a direction under 33
section 83A(5AA) to require a person to attend a proceeding 34
to give oral evidence. 35
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Note-- 1
Subsection (6E) could not be applied if any application of the type 2
mentioned in this subsection were successful because in that case, the 3
requirement stated in subsection (6D)(a) would not be satisfied.'. 4
(2) Section 110A(8), after `A written statement'-- 5
insert-- 6
`tendered by the defence'. 7
(3) Section 110A(9), `prosecution case or as part of the'-- 8
omit. 9
(4) Section 110A(10), after `for sentence,'-- 10
insert-- 11
`or the defendant is not legally represented,'. 12
(5) Section 110A(14), `subsection (5)'-- 13
omit, insert-- 14
`subsection (6C)'. 15
Clause 88 Insertion of new ss 110B and 110C 16
After section 110A-- 17
insert-- 18
`110B Special provisions applying to a direction under 19
s 83A(5AA) 20
`(1) A magistrate at a direction hearing must not give a direction 21
under section 83A(5AA) in relation to the maker of a written 22
statement unless the magistrate is satisfied there are 23
substantial reasons why, in the interests of justice, the maker 24
should attend to give oral evidence or be made available for 25
cross-examination on the written statement. 26
Note-- 27
Under section 83A a magistrate, on the magistrate's own initiative, may 28
direct the parties to a proceeding to attend at a direction hearing. Also, 29
under that section, a party to the proceeding may apply to a court, in the 30
approved form, for a direction hearing. 31
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`(2) An application in relation to the maker of a particular written 1
statement may be made only once unless a magistrate gives 2
leave for a subsequent application to be made on the basis of 3
special reasons considered by the magistrate to exist. 4
`(3) An application for a direction under section 83A(5AA) may 5
be made only if-- 6
(a) the defendant has, by letter, or by email or some other 7
electronic form of written communication (the 8
defendant's communication) advised the prosecution of 9
the following-- 10
(i) the name of the maker of the written statement the 11
subject of the application; 12
(ii) the general issues relevant to the making of the 13
application; 14
Examples of general issues-- 15
identification evidence, expert opinion evidence 16
(iii) the reasons to be relied on to justify the calling of 17
the maker of the written statement to give oral 18
evidence; 19
(iv) a time (the nominated time) for the prosecution to 20
respond to the defendant's communication; and 21
(b) the prosecution's response to the defendant's 22
communication (the prosecution's response) has been 23
received, or it has not been received within the 24
nominated time; and 25
(c) there is filed with the application-- 26
(i) a copy of the defendant's communication; and 27
(ii) the prosecution's response, if it has been received. 28
`(4) The nominated time must be-- 29
(a) the time set by the court or by a practice direction; or 30
(b) if there is no time set by the court or by a practice 31
direction--a time that is reasonable in the 32
circumstances, but in any event not less than 7 days. 33
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`(5) The prosecution's response may state whether the prosecution 1
agrees to the calling of the maker of the statement, and any 2
conditions attaching to the prosecution's agreement. 3
Note-- 4
Section 110A(5) (Use of tendered statements in lieu of oral testimony in 5
committal proceedings) allows for agreement between the prosecution 6
and defence about the maker of a written statement being present for 7
cross-examination. 8
`(6) A magistrate must give reasons for the magistrate's decision 9
at a direction hearing about an application for a direction 10
under section 83A(5AA). 11
`(7) An application for a direction under section 83A(5AA) must 12
be filed and served on the other party or parties before the date 13
set by the court or by practice direction, and in any event, if 14
the court sets a date for the commencement of the hearing of 15
evidence in the committal proceeding, not later than that date. 16
`(8) A direction given under section 83A(5AA) on the application 17
of the defendant may be withdrawn, on the application of the 18
prosecution, if the defendant or the defendant's lawyer does 19
not appear at the hearing. 20
`110C Limitation on cross-examination 21
`(1) If a witness attends before the justices because of a direction 22
given, on application by the defendant, under section 23
83A(5AA) requiring the prosecution to call the witness, the 24
justices must not allow the person to be cross-examined about 25
an issue that is not relevant to the reasons given by the 26
magistrate for requiring the person to attend. 27
`(2) However, the justices may allow cross-examination that is 28
otherwise not permitted under subsection (1) if the justices are 29
satisfied there are substantial reasons why, in the interests of 30
justice, the cross-examination should be allowed. 31
`(3) The prosecution may re-examine a witness who is 32
cross-examined. 33
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`(4) The limitations on cross-examination provided for in 1
subsections (1) and (2) are additional to, and do not affect the 2
operation of, any other law limiting cross-examination. 3
Examples of other laws that operate to limit cross-examination-- 4
1 The Evidence Act 1977, section 9E states principles for dealing 5
with child witnesses. 6
2 The Evidence Act 1977, section 20 provides for the court to 7
disallow particular questions as to credit. 8
3 The Evidence Act 1977, section 21 provides for the court to 9
disallow questions the court considers improper. 10
4 The Evidence Act 1977, part 2, division 6 provides for the 11
cross-examination of protected witnesses.'. 12
Clause 89 Insertion of new pt 5, div 7A 13
Part 5-- 14
insert-- 15
`Division 7A Registry committals 16
`114 Registry committal by clerk of court 17
`(1) The clerk of the court at a place may order a defendant to be 18
committed to be tried or sentenced for an indictable offence, if 19
all of the following apply-- 20
(a) the indictable offence is not to be heard and decided 21
summarily; 22
(b) all evidence of witnesses for the prosecution (including 23
the evidence of any affected child under the Evidence 24
Act 1977, part 2, division 4A, given under the 25
requirements of that division) is intended to be given in 26
written statements; 27
(c) the written statements have been filed in the court and 28
copies given to the defendant by the prosecution; 29
(d) the defendant, if an individual, is not in custody, and is 30
not in breach of any condition of the undertaking on 31
which the defendant was granted bail; 32
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(e) the defendant is represented by a lawyer; 1
(f) the lawyer has, by written notice, or by email or some 2
other electronic form of written communication, given a 3
notice to the clerk of the court-- 4
(i) stating that the defendant does not intend to give 5
evidence or call any witness in relation to the 6
defendant's committal for the indictable offence; 7
and 8
(ii) acknowledging that the functions of the clerk of 9
the court for a registry committal do not include 10
considering or deciding whether the evidence 11
before the clerk of the court is sufficient to put the 12
defendant on trial for the indictable offence; and 13
(iii) stating whether the defendant wishes to be 14
committed for trial, or to be committed for 15
sentence; 16
(g) the notice given under paragraph (f) is given to the clerk 17
of the court not later than the date set by the court or by 18
practice direction; 19
(h) the defendant has served on the prosecution a copy of 20
the notice given under paragraph (f) not later than the 21
day it is given to the clerk of the court. 22
`(2) If the notice under subsection (1)(f) states that the defendant 23
wishes to be committed for sentence, the defendant's lawyer 24
must also have filed with the clerk of the court a written 25
statement signed by the defendant stating that the defendant 26
pleads guilty to the offence and that the defendant 27
acknowledges that the defendant is not obliged to enter any 28
plea and has nothing to hope from any promise, and nothing 29
to fear from any threat, that may have been held out to induce 30
the defendant to make any admission or confession of guilt. 31
`(3) After the defendant is ordered to be committed to be tried or 32
sentenced, there must not be any examination of any person in 33
relation to the committal of the defendant for trial or sentence 34
for the indictable offence. 35
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`(4) A document required to be served under subsection (1)(h) 1
may be served electronically. 2
`(5) An order under subsection (1) has effect as if it were an order 3
of justices. 4
`(6) For subsection (1)-- 5
(a) it is not necessary for the written statements to have 6
been filed in the court as mentioned in subsection (1)(c) 7
if the defendant's lawyer has, in the notice mentioned in 8
subsection (1)(f), included a statement consenting to the 9
written statements not being filed; and 10
(b) it is not necessary for the written statements to have 11
been given to the defendant as mentioned in subsection 12
(1)(c) if the defendant's lawyer has, in the notice 13
mentioned in subsection (1)(f), included a statement 14
consenting to the written statements not being given. 15
`115 Process of clerk of the court for registry committal 16
`(1) The functions of the clerk of the court for a registry committal 17
do not include considering or deciding whether the evidence 18
before the clerk of the court is sufficient to put the defendant 19
on trial for the indictable offence. 20
`(2) However, if under a registry committal a clerk of the court 21
orders a defendant who is an individual to be committed to be 22
tried for an indictable offence, the clerk of the court must give 23
notice to the defendant to the same effect as the warning 24
required to be given to a defendant under section 104(5). 25
`(3) The notice under subsection (2) may be given electronically. 26
`(4) Nothing in this part is taken to require the defendant or any 27
other party to appear at a registry committal. 28
`(5) A registry committal must be conducted by the clerk of the 29
court on the basis of the charges of indictable offences as 30
agreed to by the prosecution and the defence. 31
`(6) For the purposes of subsection (5), the clerk of the court has 32
the same power a magistrate would have to amend, including 33
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[s 89]
to withdraw, charges to ensure the defendant is committed for 1
trial or for sentence on charges as agreed, rather than charges 2
on which the defendant may have initially been brought 3
before the court. 4
`(7) Subsection (8) applies if the parties agree that circumstances 5
applying in relation to a registry committal are circumstances 6
that-- 7
(a) for a committal for trial under section 108, would permit 8
the making of an order under section 108(2); or 9
(b) for a committal for sentence under section 113, would 10
permit the making of an order under section 113(4). 11
`(8) The clerk of the court must make an order for committal for 12
trial or sentence of the type mentioned in subsection (7). 13
`(9) An order under subsection (8) has effect as if it were an order 14
of justices ordering the committal of the defendant for trial or 15
sentence under section 108 or 113 as appropriate. 16
`(10) The functions of the clerk of the court for a registry committal 17
do not include remanding the defendant in custody, or any 18
function in relation to bail. 19
Note for subsection (10)-- 20
The Bail Act 1980, section 34BA (Varying bail on registry committal) 21
provides for the automatic continuation of the defendant's bail. It is 22
taken to have been granted by the court to which the defendant is 23
committed for trial or sentence. 24
`116 Limited application of divs 5 to 7 for registry 25
committals 26
`(1) If there is a registry committal, subject to subsection (2), it 27
takes the place of the procedures relating to committal for trial 28
or sentence that would otherwise apply, or would otherwise 29
continue to apply, under divisions 5, 6 and 7. 30
`(2) Section 110A(12) to (15), and any other provision of this or 31
another Act directly or indirectly referred to in section 32
110A(12) to (15), have effect for a registry committal, to the 33
greatest practicable extent, as if a reference to a written 34
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statement admitted in accordance with section 110A were a 1
reference to a written statement given in evidence for the 2
registry committal (other than the evidence of any affected 3
child under the Evidence Act 1977, part 2, division 4A, given 4
under the requirements of that division). 5
`117 Application of registry committals to indictable 6
offences under other Acts 7
`(1) This section applies to an offence against a provision of 8
another Act if-- 9
(a) the Act (the other Act) provides that the offence is an 10
indictable offence; and 11
(b) whether or not the other Act allows for the summary 12
conviction of a person charged with the offence, it 13
makes provision, whether or not by reference to this 14
Act, for the court to proceed by way of a committal 15
proceeding in relation to the offence. 16
Example-- 17
Under the Property Agents and Motor Dealers Act 2000, section 589, a 18
charge for an indictable offence under that Act, depending on 19
circumstances as provided for in the section, at the level of a Magistrates 20
Court, either could be heard and decided summarily, or could be the 21
subject of a committal proceeding, effectively as provided for under this 22
Act. 23
`(2) To remove any doubt, it is declared that if a person is charged 24
with the offence, and the offence is not to be heard and 25
decided summarily, the person may be committed for trial or 26
sentence on the basis of a registry committal. 27
`(3) If there is a registry committal, it takes the place of any 28
committal proceeding otherwise provided for in the other 29
Act.'. 30
Clause 90 Insertion of new s 130 31
Part 5, division 8-- 32
insert-- 33
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`130 Division applies also to registry committals 1
`(1) This division applies to registry committals, to the greatest 2
practicable extent, in the same way it applies to committals by 3
justices for trial or sentence. 4
`(2) For applying subsection (1), a reference in section 126, 127 or 5
129 to the committing justices, however described, is taken to 6
include a reference to a clerk of the court who, under division 7
7A, ordered a defendant to be committed to be tried or 8
sentenced for an indictable offence.'. 9
Clause 91 Amendment of s 142A (Permissible procedure in absence 10
of defendant in certain cases) 11
Section 142A(13), `stipendiary'-- 12
omit. 13
Clause 92 Insertion of new pt 11, div 5 14
After section 275-- 15
insert-- 16
`Division 5 Civil and Criminal Jurisdiction 17
Reform and Modernisation 18
Amendment Act 2010 19
`276 Definitions for div 5 20
`In this division-- 21
amending Act means the Civil and Criminal Jurisdiction 22
Reform and Modernisation Amendment Act 2010. 23
originating step, for a proceeding, means-- 24
(a) the arrest of the defendant in the proceeding; or 25
(b) the making of a complaint under the Justices Act 1886, 26
section 42 in relation to the defendant in the proceeding; 27
or 28
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(c) the serving of a notice to appear on the defendant in the 1
proceeding under the Police Powers and Responsibilities 2
Act 2000, section 382. 3
`277 Particular amendments apply only to charges 4
originated after commencement 5
`(1) The relevant provisions, as amended or inserted by the 6
amending Act, apply in relation to a charge for an offence 7
only if an originating step for the proceeding for the charge is 8
taken on or after the commencement of this section. 9
`(2) For subsection (1), it does not matter when the offence was 10
committed. 11
`(3) For applying this section to section 52(2) as inserted by the 12
amending Act-- 13
(a) the complaint that must be made within 2 years from the 14
time when the matter of the complaint arose, as 15
mentioned in the inserted section 52(2), is, for this 16
section, the originating step that must be taken on or 17
after the commencement of this section; but 18
(b) it does not matter if the commencement of the 19
previously commenced proceeding, as mentioned in the 20
inserted section 52(2), happened before or after the 21
commencement of this section. 22
`(4) In this section-- 23
relevant provisions means-- 24
(a) section 23EB; and 25
(b) section 52; and 26
(c) section 83A; and 27
(d) section 83B; and 28
(e) part 4, division 10B; and 29
(f) the provisions of this Act relating to committals of 30
persons for trial or sentence for indictable offences, 31
including part 5, division 7A. 32
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Editor's note-- 1
part 5 (Proceedings in case of indictable offences), division 7A 2
(Registry committals) 3
`278 Particular provisions apply to proceeding whenever 4
commenced 5
`On the commencement of this section, sections 23EC, 84 and 6
88A, as amended or inserted by the amending Act, have effect 7
in relation to a proceeding, regardless of when the proceeding 8
was commenced. 9
`279 Existing appointment as principal clerk of courts 10
continues 11
`If immediately before the commencement of this section a 12
person held appointment under the Public Service Act 2008 as 13
Court Administrator, Magistrates Courts Branch, Department 14
of Justice and Attorney-General, the person-- 15
(a) without further appointment, is taken to hold the 16
appointment of the principal clerk of courts under the 17
Justices Act 1886, section 22D; and 18
Note-- 19
Because of the person's appointment as principal clerk of courts 20
as provided for in paragraph (a), the person will also be the 21
principal registrar of Magistrates Courts as provided for in the 22
Magistrates Courts Act 1921, section 3A. 23
(b) continues to hold the appointment in accordance with 24
with the terms of the person's appointment under the 25
Public Service Act 2008.'. 26
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Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 12 Amendment of Magistrates Act 1991
[s 93]
Part 12 Amendment of Magistrates Act 1
1991 2
Clause 93 Act amended 3
This part amends the Magistrates Act 1991. 4
Clause 94 Amendment of s 41 (Functions of magistrates generally) 5
Section 41(1), `direction given to, or requirement made by,'-- 6
omit, insert-- 7
`direction or requirement given or made to the magistrate by'. 8
Clause 95 Amendment of s 53J (Practice direction) 9
(1) Section 53J(1)(d)-- 10
omit. 11
(2) Section 53J(1)(e)-- 12
renumber as section 53J(1)(d). 13
(3) Section 53J(2)(c)-- 14
omit. 15
Clause 96 Insertion of new pt 10, div 6 16
Part 10-- 17
insert-- 18
Page 88
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 13 Amendment of Magistrates Courts Act 1921
[s 97]
`Division 6 Transitional provision for Civil and 1
Criminal Jurisdiction Reform and 2
Modernisation Amendment Act 3
2010 4
`64 Continuing operation of practice direction for judicial 5
registrars 6
`(1) This section applies to-- 7
(a) an application that, immediately before the 8
commencement of this section, was in the course of 9
being heard and decided by a judicial registrar under a 10
practice direction given under section 53J(1)(d); or 11
(b) a matter for which, immediately before the 12
commencement of this section, a judicial registrar 13
constituted a Magistrates Court under a practice 14
direction given under section 53J(2)(c). 15
`(2) The judicial registrar may continue-- 16
(a) to hear and decide the application; or 17
(b) to constitute, and exercise all the jurisdiction and powers 18
of, a Magistrates Court for the matter.'. 19
Part 13 Amendment of Magistrates 20
Courts Act 1921 21
Clause 97 Act amended 22
This part amends the Magistrates Courts Act 1921. 23
Page 89
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 13 Amendment of Magistrates Courts Act 1921
[s 98]
Clause 98 Amendment of s 2 (Definitions) 1
Section 2-- 2
insert-- 3
`prescribed limit means $150000.'. 4
Clause 99 Insertion of new s 3A 5
Part 1-- 6
insert-- 7
`3A Principal clerk of courts is principal registrar 8
`(1) There is to be a principal registrar of Magistrates Courts. 9
`(2) The principal clerk of courts appointed under the Justices Act 10
1886, section 22D also holds appointment as the principal 11
registrar of Magistrates Courts. 12
`(3) The principal registrar of Magistrates Courts may-- 13
(a) discharge the powers and functions of each registrar 14
mentioned in section 3; and 15
(b) give directions to each registrar mentioned in section 3, 16
and to any other officer employed in a registry of a 17
Magistrates Court, about the discharge of the functions 18
of the registrar or other officer.'. 19
Clause 100 Amendment of s 4 (Jurisdiction of Magistrates Courts) 20
Section 4, `$50000'-- 21
omit, insert-- 22
`the prescribed limit'. 23
Clause 101 Insertion of new s 4AA 24
After section 4-- 25
insert-- 26
Page 90
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 13 Amendment of Magistrates Courts Act 1921
[s 102]
`4AA Proceeding commenced in central registry 1
`(1) Despite section 4, if under the rules a proceeding that may be 2
started in a Magistrates Court is started in a registry for a 3
Magistrates Court that is a central registry, that Magistrates 4
Court has jurisdiction for the proceeding. 5
`(2) Subsection (1) does not prevent the proceeding being 6
transferred to another Magistrates Court under the rules. 7
Examples-- 8
Rule 40 (Change of venue by court order) of the rules allows a 9
proceeding to be sent for trial to, or to be dealt with by, another court if 10
the first court is satisfied the proceeding can be more conveniently or 11
fairly heard or dealt with in the other court. Rule 41 (Change of venue 12
by agreement) of the rules allows the court to transfer a proceeding on 13
the agreement of the parties.'. 14
Clause 102 Amendment of s 5 (Abandonment of excess etc.) 15
Section 5, `$50000'-- 16
omit, insert-- 17
`the prescribed limit'. 18
Clause 103 Amendment of s 6 (Splitting debt by giving bills etc.) 19
Section 6, `$50000'-- 20
omit, insert-- 21
`the prescribed limit'. 22
Clause 104 Amendment of s 45 (Appeal) 23
(1) Section 45(1) and (2), `$5000'-- 24
omit, insert-- 25
`the minor civil dispute limit'. 26
(2) Section 45-- 27
insert-- 28
Page 91
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 14 Amendment of Penalties and Sentences Act 1992
[s 105]
`(5) In this section-- 1
minor civil dispute limit means the amount that is, for the 2
time being, the prescribed amount under the Queensland Civil 3
and Administrative Tribunal Act 2009.'. 4
Clause 105 Insertion of new s 60 5
After section 59-- 6
insert-- 7
`60 Transitional provision for Civil and Criminal 8
Jurisdiction Reform and Modernisation Amendment 9
Act 2010 10
`Sections 4, 4AA, 5, 6 and 45, as amended or inserted by the 11
Civil and Criminal Jurisdiction Reform and Modernisation 12
Amendment Act 2010, apply only to actions or proceedings 13
commenced after the commencement of this section.'. 14
Part 14 Amendment of Penalties and 15
Sentences Act 1992 16
Clause 106 Act amended 17
This part amends the Penalties and Sentences Act 1992. 18
Clause 107 Amendment of s 152A (Proper officer to give chief 19
executive (corrective services) record of order of 20
imprisonment) 21
Section 152A(3), `for a court other than a Magistrates 22
Court,'-- 23
omit. 24
Page 92
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 15 Amendment of Police Service Administration Act 1990
[s 108]
Clause 108 Insertion of new s 218 1
Part 14-- 2
insert-- 3
`218 Transitional provision for Civil and Criminal 4
Jurisdiction Reform and Modernisation Amendment 5
Act 2010 6
`On the commencement of this section, section 152A, as 7
amended by the Civil and Criminal Jurisdiction Reform and 8
Modernisation Amendment Act 2010, has effect in relation to 9
a proceeding, regardless of when the proceeding was 10
commenced.'. 11
Part 15 Amendment of Police Service 12
Administration Act 1990 13
Clause 109 Act amended 14
This part amends the Police Service Administration Act 1990. 15
Clause 110 Amendment of s 4.8 (Commissioner's responsibility) 16
Section 4.8(2)-- 17
insert-- 18
`(u) in relation to a proceeding against a person charged by a 19
police officer for an offence-- 20
(i) taking part in conferences with the person's legal 21
representative about the conduct of the proceeding 22
in order to narrow issues or help in the timely 23
resolution of the proceeding; and 24
(ii) without limiting the actions that may be taken as a 25
result of the conferences mentioned in 26
subparagraph (i)-- 27
Page 93
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 16 Amendment of Property Law Act 1974
[s 111]
(A) amending, substituting or withdrawing the 1
charge; and 2
(B) deciding the facts to be presented to the 3
court; and 4
(C) if there is a prosecution election available, in 5
relation to the charge, as to the charge being 6
heard summarily--deciding whether to 7
exercise the election; and 8
(D) in exercising an election mentioned in 9
sub-subparagraph (C)--having regard to any 10
guidelines under the Director of Public 11
Prosecutions Act 1984, section 11 that apply 12
to the commissioner and to any other 13
relevant considerations and requirements; 14
and 15
(E) deciding the submissions that will be made 16
to the court by the prosecution in the 17
sentencing of the offender.'. 18
Part 16 Amendment of Property Law 19
Act 1974 20
Clause 111 Act amended 21
This part amends the Property Law Act 1974. 22
Clause 112 Amendment of s 147 (Arrears of rent etc.) 23
Section 147(5), `$40000' 24
omit, insert-- 25
`$150000'. 26
Page 94
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 16 Amendment of Property Law Act 1974
[s 113]
Clause 113 Amendment of s 259 (Definitions for pt 19) 1
(1) Section 259, definition, monetary limit, paragraph (a), editor's 2
note, `$250000'-- 3
omit, insert-- 4
`$750000'. 5
(2) Section 259, definition monetary limit, paragraph (b)-- 6
omit, insert-- 7
`(b) for a Magistrates Court--means the prescribed limit 8
under the Magistrates Courts Act 1921. 9
Editor's note-- 10
Magistrates Courts Act 1921, section 2 (Definitions)-- 11
prescribed limit means $150000.'. 12
Clause 114 Insertion of new pt 22 13
After section 352-- 14
insert-- 15
`Part 22 Transitional Provision for Civil 16
and Criminal Jurisdiction 17
Reform and Modernisation 18
Amendment Act 2010 19
`353 Amendments do not affect existing matters 20
`(1) The amendment of section 147(5) by the amending Act does 21
not apply in relation to a further matter of complaint as 22
mentioned in section 147(5) if the proceeding in relation to the 23
complaint was commenced before the commencement of this 24
section. 25
`(2) The change to the monetary limit for part 19 brought into 26
effect by amendments of this Act, the Magistrates Courts Act 27
1921 and the District Court of Queensland Act 1967 by the 28
Page 95
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 17 Amendment of Public Trustee Act 1978
[s 115]
amending Act does not apply to a proceeding commenced 1
before the commencement of this section. 2
`(3) In this section-- 3
amending Act means the Civil and Criminal Jurisdiction 4
Reform and Modernisation Amendment Act 2010.'. 5
Part 17 Amendment of Public Trustee 6
Act 1978 7
Clause 115 Act amended 8
This part amends the Public Trustee Act 1978. 9
Clause 116 Amendment of s 25 (Unclaimed moneys fund) 10
(1) Section 25(2)-- 11
omit, insert-- 12
`(2) As soon as reasonably practicable after the end of each 13
financial year, the public trustee must pay to the consolidated 14
fund all amounts that, as at the end of the financial year, have 15
been credited to the unclaimed moneys fund for 6 years or 16
more.'. 17
(2) Section 25(3), `also'-- 18
omit. 19
Clause 117 Amendment of s 98 (Definitions) 20
(1) Section 98, definition unclaimed moneys, paragraph (b)-- 21
renumber as paragraph (c). 22
(2) Section 98, definition unclaimed moneys-- 23
insert-- 24
Page 96
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 17 Amendment of Public Trustee Act 1978
[s 118]
`(b) all principal and interest moneys and all dividends, 1
bonuses, profits, and other sums of money that-- 2
(i) are held by the State; and 3
(ii) have been in the possession of the State for 1 year 4
or more after they have become payable to the 5
owner; and'. 6
Clause 118 Amendment of s 99A (Public trustee's register of 7
unclaimed moneys) 8
Section 99A-- 9
insert-- 10
`(4) The public trustee may remove from the register the details 11
mentioned in subsection (2) in relation to an amount held for a 12
person if the amount held remains unclaimed for 25 years. 13
Note-- 14
After 6 years, the amount will be transferred from the fund to the 15
consolidated fund, but the register will continue to record the details of 16
the amount for 25 years from the date on which the moneys were 17
received into the unclaimed moneys fund.'. 18
Clause 119 Amendment of s 102 (Unclaimed moneys to be paid to 19
public trustee) 20
Section 102, heading, after `trustee'-- 21
insert-- 22
`by accountable person'. 23
Clause 120 Insertion of new s 102B 24
Part 8, division 1, subdivision 2-- 25
insert-- 26
Page 97
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 17 Amendment of Public Trustee Act 1978
[s 121]
`102B Unclaimed moneys to be paid to public 1
trustee--money held or received by the State 2
`(1) All unclaimed moneys that remain unclaimed must be paid to 3
the public trustee. 4
`(2) In this section-- 5
unclaimed moneys means an amount mentioned in section 6
98, definition unclaimed moneys, paragraph (b).'. 7
Clause 121 Amendment of s 115 (Unclaimed moneys to be credited 8
to fund) 9
Section 115, after `section 102'-- 10
insert-- 11
`or 102B'. 12
Clause 122 Amendment of s 117A (Treasurer to pay claimant) 13
(1) Section 117A(2)-- 14
renumber as section 117A(3). 15
(2) Section 117A(1)-- 16
omit, insert-- 17
`(1) If-- 18
(a) a person (the claimant) claims to be entitled to receive 19
an amount paid into the consolidated fund under section 20
25(2); and 21
(b) the public trustee is satisfied the claimant is entitled to 22
receive the amount claimed; 23
the public trustee must pay the amount claimed to the 24
claimant. 25
`(2) The Treasurer must reimburse the public trustee out of the 26
consolidated fund for the amount paid by the public trustee 27
under subsection (1) if the Treasurer is advised by the public 28
trustee that the public trustee has paid the amount claimed to 29
the claimant.'. 30
Page 98
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 18 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 123]
Part 18 Amendment of Queensland 1
Civil and Administrative 2
Tribunal Act 2009 3
Clause 123 Act amended 4
This part amends the Queensland Civil and Administrative 5
Tribunal Act 2009. 6
Clause 124 Amendment of s 50 (Decision by default for debt) 7
Section 50(2)(b) to (d)-- 8
omit, insert-- 9
`(b) interest on the amount claimed at the rate the tribunal 10
considers appropriate; and 11
(c) either-- 12
(i) for an application for a minor civil dispute--costs 13
stated in the rules as costs that may be awarded for 14
minor civil disputes under section 102; or 15
(ii) for an application other than for a minor civil 16
dispute-- 17
(A) the fee paid for the application; and 18
(B) legal costs based on a scale stated in the 19
rules.'. 20
Clause 125 Amendment of ch 7, hdg (Transitional provisions) 21
Chapter 7, heading, after `provisions'-- 22
insert-- 23
`for Act No. 23 of 2009'. 24
Clause 126 Insertion of new ch 8 25
After section 279-- 26
Page 99
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 19 Amendment of State Penalties Enforcement Act 1999
[s 127]
insert-- 1
`Chapter 8 Validating provision for 2
particular decisions by 3
default 4
`280 Declaration and validation concerning particular 5
decisions by default 6
`(1) Section 50, as amended by the amending Act, is taken always 7
to have applied during the transitional period in relation to a 8
non-legal costs decision by default. 9
`(2) In this section-- 10
amending Act means the Civil and Criminal Jurisdiction 11
Reform and Modernisation Amendment Act 2010. 12
non-legal costs decision by default means a decision by 13
default, relating to a minor civil dispute, that does not include 14
an amount for legal costs. 15
transitional period means the period starting at the beginning 16
of 1 December 2009 and ending at the end of the day before 17
the commencement of this section.'. 18
Part 19 Amendment of State Penalties 19
Enforcement Act 1999 20
Clause 127 Act amended 21
This part amends the State Penalties Enforcement Act 1999. 22
Clause 128 Amendment of s 106 (General effect of suspension of 23
driver licence) 24
(1) Section 106(2) and (3), `this section'-- 25
Page 100
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 19 Amendment of State Penalties Enforcement Act 1999
[s 129]
omit, insert-- 1
`section 105'. 2
(2) Section 106(4), from `all'-- 3
omit, insert-- 4
`the person pays the unpaid amount or the amount is 5
otherwise discharged under this Act.'. 6
Clause 129 Amendment of s 150A (Registrar may write off unpaid 7
fine or other amount) 8
Section 150A(2)-- 9
omit, insert-- 10
`(2) However, a fine or other amount that has been written off may 11
be reinstated if-- 12
(a) the fine or other amount was incorrectly identified for 13
writing off; or 14
(b) the reinstatement is permitted under a guideline issued 15
by the Minister under section 150B. 16
`(3) The fine or other amount-- 17
(a) stops being payable from the time it is written off; and 18
(b) starts being payable again from the time it is reinstated.'. 19
Clause 130 Amendment of s 150B (Guidelines) 20
Section 150B(1), after `writing off'-- 21
insert-- 22
`or reinstatement'. 23
Clause 131 Insertion of new pt 10, div 6 24
Part 10-- 25
insert-- 26
Page 101
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 20 Amendment of Supreme Court of Queensland Act 1991
[s 132]
`Division 6 Transitional provision for Civil and 1
Criminal Jurisdiction Reform and 2
Modernisation Amendment Act 3
2010 4
`182 Effect of provision disqualifying person from holding 5
or obtaining driver licence 6
`Section 106(4) as amended by the Civil and Criminal 7
Jurisdiction Reform and Modernisation Amendment Act 2010 8
has effect in relation to a person whose licence is suspended 9
under section 105 regardless of whether the suspension 10
happened before or after the commencement of this section.'. 11
Part 20 Amendment of Supreme Court 12
of Queensland Act 1991 13
Clause 132 Act amended 14
This part amends the Supreme Court of Queensland Act 1991. 15
Clause 133 Insertion of new s 139 16
After section 138-- 17
insert-- 18
`139 Transitional provision for Civil and Criminal 19
Jurisdiction Reform and Modernisation Amendment 20
Act 2010 21
`The amendment of the Criminal Practice Rules 1999 and the 22
Uniform Civil Procedure Rules 1999 by the Civil and 23
Criminal Jurisdiction Reform and Modernisation Amendment 24
Act 2010 does not affect the power of the Governor in Council 25
to further amend the rules or to repeal them.'. 26
Page 102
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 21 Amendment of Uniform Civil Procedure Rules 1999
[s 134]
Part 21 Amendment of Uniform Civil 1
Procedure Rules 1999 2
Clause 134 Rules amended 3
This part amends the Uniform Civil Procedure Rules 1999. 4
Clause 135 Amendment of ch 2, pt 6, div 1, hdg 5
Chapter 2, part 6, division 1, heading, `of Supreme Court'-- 6
omit. 7
Clause 136 Amendment of r 33 (Central registry of Supreme Court) 8
(1) Rule 33, heading, `of Supreme Court'-- 9
omit. 10
(2) Rule 33, `in the Supreme Court'-- 11
omit, insert-- 12
`in a court'. 13
Clause 137 Replacement of ch 2, pt 6, div 2, hdg 14
Chapter 2, part 6, division 2, heading-- 15
omit, insert-- 16
`Division 2 Starting proceeding other than in 17
central registry'. 18
Clause 138 Replacement of r 34 (Application of div 2) 19
Rule 34-- 20
omit, insert-- 21
Page 103
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 21 Amendment of Uniform Civil Procedure Rules 1999
[s 139]
`34 Application of div 2 1
`This division applies to the following courts if a person 2
decides to start a proceeding other than in a central registry of 3
a court-- 4
(a) the Supreme Court; 5
(b) the District Court; 6
(c) Magistrates Courts.'. 7
Clause 139 Amendment of r 283 (Judgment by default--debt or 8
liquidated demand) 9
Rule 283-- 10
insert-- 11
`(10) If the court as constituted by a registrar is considering whether 12
to give judgment, the registrar is not required to consider the 13
merits of the plaintiff's claim against the defendant. 14
Note-- 15
Under rule 982, the matter could be referred to a judge or magistrate for 16
disposal, or for consideration and referral back, if the circumstances set 17
out in that rule apply.'. 18
Clause 140 Amendment of r 286 (Judgment by default--recovery of 19
possession of land) 20
Rule 286-- 21
insert-- 22
`(5) If the court as constituted by a registrar is considering whether 23
to give judgment, the registrar is not required to consider the 24
merits of the plaintiff's claim against the defendant. 25
Note-- 26
Under rule 982, the matter could be referred to a judge or magistrate for 27
disposal, or for consideration and referral back, if the circumstances set 28
out in that rule apply.'. 29
Page 104
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 21 Amendment of Uniform Civil Procedure Rules 1999
[s 141]
Clause 141 Insertion of new ch 24, pt 4 1
Chapter 24-- 2
insert-- 3
`Part 4 Provision for Civil and Criminal 4
Jurisdiction Reform and 5
Modernisation Amendment Act 6
2010 7
`999 Transitional provision 8
`Schedule 3, as amended by the Civil and Criminal 9
Jurisdiction Reform and Modernisation Amendment Act 2010, 10
applies only to proceedings commenced after the 11
commencement of this section.'. 12
Clause 142 Amendment of sch 3 (Scale of costs--Magistrates 13
Courts) 14
(1) Schedule 3, part 1, item 1(3), `part 2'-- 15
omit, insert-- 16
`part 2 or 3'. 17
(2) Schedule 3, part 2, heading, after `Costs'-- 18
insert-- 19
`(up to $50000)'. 20
(3) Schedule 3, part 2, column G, heading, `Over $20 000' 21
omit, insert-- 22
`$20 001 to $50 000'. 23
(4) Schedule 3-- 24
insert-- 25
Page 105
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 21 Amendment of Uniform Civil Procedure Rules 1999
[s 142]
`Part 3 Costs (over $50000) 1
This part applies if the amount recovered by the plaintiff is over $50000. 2
$
(including
GST)
General care and conduct
1 In addition to an amount that is to be allowed under
another item of this schedule, the amount that is to be
allowed for a solicitor's care and conduct of a
proceeding is the amount the registrar considers
reasonable having regard to the circumstances of the
proceeding including, for example--
(a) the complexity of the proceeding; and
(b) the difficulty and novelty of any question raised
in the proceeding; and
(c) the importance of the proceeding to the party;
and
(d) the amount involved; and
(e) the skill, labour, specialised knowledge and
responsibility involved in the proceeding on the
part of the solicitor; and
(f) the number and importance of the documents
prepared or perused, without regard to the length
of the documents; and
(g) the time spent by the solicitor; and
(h) research and consideration of questions of law
and fact.
Registrar's discretion
2 For a matter for which a cost is not provided for in
this schedule, the amount to be allowed is the cost the
registrar considers reasonable.
Page 106
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 21 Amendment of Uniform Civil Procedure Rules 1999
[s 142]
$
(including
GST)
Costs on quarter-hourly basis
3 If, under an item of this schedule, costs in relation to a
matter are allowable on a quarter-hourly basis, the
amount to be allowed is--
(a) for less than a quarter-hour spent on the
matter--the cost of 1 quarter-hour; or
(b) for part of a quarter-hour after the first
quarter-hour spent on the matter--a
proportionate amount of the cost of 1
quarter-hour.
Drafting documents
4 Drafting a document--for each 100 words . . . . . . . . . 14.00
Producing documents
5 Producing a document in final form--for each 100
words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.60
Preparing exhibit certificates
6 Preparing an exhibit certificate--for each exhibit,
including a paginated book . . . . . . . . . . . . . . . . . . . . . 2.80
Copying documents
7 Copying a document--for each page . . . . . . . . . . . . . 0.20
Perusing documents
8 Perusing a document--for each 100 words . . . . . . . . . 2.80
Examining or comparing documents
9 Examining a document or comparing documents, if
perusal is unnecessary--
Page 107
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 21 Amendment of Uniform Civil Procedure Rules 1999
[s 142]
$
(including
GST)
(a) by a solicitor--for each quarter-hour. . . . . . . . . . 44.00
(b) by an employee--for each quarter-hour . . . . . . . 14.00
Serving documents
10 Serving on a person 1 or more documents at the same
time--
(a) personal service, by a solicitor or a solicitor's
employee, if personal service is required for 1 or
more of the documents served . . . . . . . . . . . . . . . 31.00
However, if the registrar considers another
amount is reasonable (having regard, for
example, to the distance travelled, the time
involved, and the number of attendances
necessary to effect service), the amount the
registrar considers reasonable.
(b) ordinary service . . . . . . . . . . . . . . . . . . . . . . . . . . 19.50
(c) service by post . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.00
(d) service by facsimile--
(i) for the first page. . . . . . . . . . . . . . . . . . . . . . 6.40
(ii) for each extra page. . . . . . . . . . . . . . . . . . . . 0.80
(e) service by email . . . . . . . . . . . . . . . . . . . . . . . . . . 6.40
Attendances
11 Attendance, if capable of being done by an
employee--
(a) to file or deliver a document, obtain an
appointment, insert an advertisement, or settle an
order; or
(b) to search; or
(c) to do something of a similar nature . . . . . . . . . . . 19.50
12 Attendance by telephone that does not involve the
exercise of skill or legal knowledge. . . . . . . . . . . . . . . 13.00
Page 108
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 21 Amendment of Uniform Civil Procedure Rules 1999
[s 142]
$
(including
GST)
13 Attendance in court, mediation or case appraisal, at a
compulsory conference or before the registrar, by a
solicitor who appears without a barrister--for each
quarter-hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49.50
14 Attendance for a hearing or trial held at a place other
than the town where the solicitor lives or carries on
business--
(a) by the solicitor--
(i) for the time spent in attendance at the
hearing or trial--for each quarter-hour . . . . 44.00
(ii) for the time the solicitor is absent from the
solicitor's place of business, including time
used in travelling to or from the hearing or
trial, other than in attendance at the hearing
or trial--
(A) for an absence of 4 hours or less . . . . . 350.00
(B) for an absence of more than 4
hours--for each quarter-hour to a
maximum of 8 hours . . . . . . . . . . . . . . 21.50
(iii) the expenses the registrar considers
reasonable for each day of absence,
including Saturdays and Sundays; and
(iv) the actual expenses of transport to and from
the hearing or trial the registrar considers
reasonable; or
(b) by the solictor's employee--the amount the
registrar considers reasonable.
However, if the solicitor's absence is to attend more
than 1 hearing or trial at the same place, the costs are
to be divided proportionately.
15 Attendance at a call-over, to be apportioned if the
attendance is for more than 1 proceeding . . . . . . . . . . 35.50
Page 109
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 21 Amendment of Uniform Civil Procedure Rules 1999
[s 142]
$
(including
GST)
16 Other attendances--
(a) by a solicitor, involving skill or legal
knowledge--for each quarter-hour . . . . . . . . . . . 44.00
(b) by an employee--for each quarter-hour . . . . . . . 14.00
However, the costs allowed under this item are to be
reduced by 25% in relation to time necessarily spent
at court before an appearance in court.
Correspondence
17 (1) A short letter of a formal nature, written or received,
or forwarding a document without comment. . . . . . . . 10.50
(2) An ordinary letter, written or received, including a
letter between principal and agent . . . . . . . . . . . . . . . . 26.00
(3) A special letter involving skill or legal knowledge,
including an allowance for drafting and producing. . . 28.50
However, if the registrar considers a higher amount is
reasonable for a special letter involving skill or legal
knowledge, the amount the registrar considers
reasonable.
(4) Correspondence between offices of the same firm of
solicitors--the allowance that would have been
allowable if an agent had been engaged and the
engagement was normal and reasonable in the
circumstances.
Sending documents
18 Postage, carriage or transmission of documents, in
addition to the other costs allowed under this
schedule--
(a) for facsimile transmissions--
(i) for the first page. . . . . . . . . . . . . . . . . . . . . . 6.40
(ii) for each extra page. . . . . . . . . . . . . . . . . . . . 0.80
(b) for email transmissions . . . . . . . . . . . . . . . . . . . . 6.40
Page 110
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 21 Amendment of Uniform Civil Procedure Rules 1999
[s 142]
$
(including
GST)
(c) for the postage, carriage or transmission of any
other document--the amount the registrar
considers reasonable.
Electronic conduct of proceedings
19 (1) Printing an email, sent or received, or electronically
scanning or imaging a document, other than a
document mentioned in subitem (3)--for each page. . 0.40
(2) Examining an electronic document or comparing
electronic documents, including emails, if perusal is
unnecessary--for each 100 words . . . . . . . . . . . . . . . . 0.80
(3) Preparing a document for disclosure, or to be
exchanged electronically, by--
(a) barcoding the document--for each page . . . . . . . 0.40
(b) electronically scanning or imaging the
document--for each page . . . . . . . . . . . . . . . . . . 0.40
(c) entering data about the document in a database,
including delimiting the document to decide
start and end pages, and carrying out quality
control of the data, for example, to check for
missing data and check spelling--for each
document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.60
(4) To the extent a proceeding is conducted
electronically, costs, including the costs of any
electronic service provider, to the extent the registrar
considers the costs have been reasonably incurred and
paid.
Fixed cost items
20 Costs for issuing a claim . . . . . . . . . . . . . . . . . . . . . . . 455.00
21 Costs for obtaining judgment under chapter 9, part 1,
division 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215.00
22 Costs for obtaining an enforcement warrant . . . . . . . . 160.00'.
Page 111
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 22 Amendment of Workers' Compensation and Rehabilitation Act 2003
[s 143]
Clause 143 Amendment of sch 4 (Dictionary) 1
Schedule 4, definition central registry-- 2
omit, insert-- 3
`central registry means-- 4
(a) for the Supreme Court--the registry of the court at 5
Brisbane, Rockhampton, Townsville or Cairns; or 6
(b) for the District Court--the registry of the court at 7
Brisbane, Rockhampton, Townsville or Cairns; or 8
(c) for a Magistrates Court--the registry of a Magistrates 9
Court in the central division of the Brisbane District, or 10
at Rockhampton, Townsville or Cairns.'. 11
Part 22 Amendment of Workers' 12
Compensation and 13
Rehabilitation Act 2003 14
Clause 144 Act amended 15
This part amends the Workers' Compensation and 16
Rehabilitation Act 2003. 17
Clause 145 Amendment of s 546 (Notice of review decision) 18
Section 546(3)(b), `an industrial magistrate or'-- 19
omit. 20
Clause 146 Amendment of s 548A (Meaning of appeal body) 21
(1) Section 548A(1), from `is'-- 22
omit, insert-- 23
`is the industrial commission.'. 24
Page 112
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 22 Amendment of Workers' Compensation and Rehabilitation Act 2003
[s 147]
(2) Section 548A(2), `appeal body'-- 1
omit, insert-- 2
`appeal body'. 3
Clause 147 Amendment of s 550 (Procedure for appeal) 4
Section 550(3A)-- 5
omit. 6
Clause 148 Amendment of s 566 (Decision about payment of 7
compensation) 8
Section 566(1), `the industrial magistrate,'-- 9
omit. 10
Clause 149 Insertion of new ch 26 11
After section 662-- 12
insert-- 13
`Chapter 26 Transitional provision for 14
Civil and Criminal 15
Jurisdiction Reform and 16
Modernisation Amendment 17
Act 2010 18
`663 Appeals commenced before amendment of s 548A 19
`Chapter 13, part 3, as amended by the Civil and Criminal 20
Jurisdiction Reform and Modernisation Amendment Act 2010, 21
applies only to an appeal commenced after the 22
commencement of this section.'. 23
Page 113
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 23 Amendment of Youth Justice Act 1992
[s 150]
Part 23 Amendment of Youth Justice 1
Act 1992 2
Clause 150 Act amended 3
This part amends the Youth Justice Act 1992. 4
Clause 151 Amendment of s 8 (Meaning of serious offence) 5
Section 8(2)-- 6
omit, insert-- 7
`(2) An offence is not a serious offence if-- 8
(a) it is a relevant offence under the Criminal Code, section 9
552BA; or 10
Editor's note-- 11
Criminal Code, section 552BA (Charge of indictable offences 12
that must be heard and decided summarily) 13
(b) it is an offence that is the subject of a charge to which 14
the Criminal Code, section 552A or 552B applies; or 15
Editor's note-- 16
Criminal Code, section 552A (Charges of indictable offences 17
that must be heard and decided summarily on prosecution 18
election) or 552B (Charges of indictable offences that must be 19
heard and decided summarily unless defendant elects for jury 20
trial) 21
(c) under the Drugs Misuse Act 1986, section 13, 22
proceedings for a charge for the offence may be taken 23
summarily; or 24
Editor's note-- 25
Drugs Misuse Act 1986, section 13 (Certain offences may be 26
dealt with summarily) 27
(d) under the Drugs Misuse Act 1986, section 14, 28
proceedings for a charge for the offence may be taken 29
summarily. 30
Page 114
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 23 Amendment of Youth Justice Act 1992
[s 152]
Note-- 1
Proceedings for a charge for an offence may not be taken 2
summarily under section 14 if the prosecution allegations 3
include an allegation as to a commercial purpose. 4
Editor's note-- 5
Drugs Misuse Act 1986, section 14 (Other offences that may be 6
dealt with summarily if no commercial purpose alleged) 7
`(2A) If it is necessary for the purposes of subsection (2) to have 8
reference to the table of excluded offences included in the 9
Criminal Code, section 552BB, a reference in that table to the 10
circumstance that the offender does not plead guilty to an 11
offence is taken to be a reference to a child not admitting to 12
committing the offence.'. 13
Clause 152 Amendment of s 78 (Procedural elections under this Act 14
in relation to an indictable offence replace other 15
elections) 16
Section 78, after `any other Act'-- 17
insert-- 18
`or any provision of another Act that requires the indictable 19
offence to be heard and decided summarily'. 20
Clause 153 Amendment of s 160 (Copy of court order or decision to 21
be given to child, parent etc.) 22
Section 160(2)(a), after `prescribed form'-- 23
insert-- 24
`or in the form of a verdict and judgment record under the 25
Criminal Practice Rules 1999'. 26
Clause 154 Amendment of s 176 (Sentence orders--serious 27
offences) 28
(1) Section 176, heading, `serious'-- 29
omit, insert-- 30
Page 115
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 23 Amendment of Youth Justice Act 1992
[s 155]
`life and other significant'. 1
(2) Section 176(1), (2) and (3), `serious offence'-- 2
omit, insert-- 3
`relevant offence'. 4
(3) Section 176-- 5
insert-- 6
`(9) In this section-- 7
relevant offence means a life offence, or an offence of a type 8
that, if committed by an adult, would make the adult liable to 9
imprisonment for 14 years or more, but does not include any 10
of the following offences-- 11
(a) an offence of receiving if the value of the property, 12
benefit or detriment is not more than $5000; 13
(b) an offence against the Criminal Code, section 419 or 14
421, if-- 15
(i) the offence involved stealing or an intent to steal, 16
or an intent to destroy or damage property, or the 17
damage or destruction of property; and 18
(ii) the offender was not armed or pretending to be 19
armed when the offence was committed; and 20
(iii) the value of any property stolen, damaged or 21
destroyed was not more than $1000; 22
(c) an offence that, if committed by an adult, may be dealt 23
with summarily under the Drugs Misuse Act 1986, 24
section 13.'. 25
Clause 155 Insertion of new pt 11, div 8 26
Part 11-- 27
insert-- 28
Page 116
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
Part 23 Amendment of Youth Justice Act 1992
[s 155]
`Division 8 Transitional provision for Civil and 1
Criminal Jurisdiction Reform and 2
Modernisation Amendment Act 3
2010 4
`352 Particular amended provisions apply only to 5
prosecutions commenced after commencement 6
`(1) Sections 8, 78 and 176, as amended by the Civil and Criminal 7
Jurisdiction Reform and Modernisation Amendment Act 2010, 8
apply in relation to an offence only if an originating step for a 9
proceeding for the offence is taken on or after the 10
commencement of this section. 11
`(2) For subsection (1), it does not matter when the offence was 12
committed. 13
`(3) In this section-- 14
originating step, for a proceeding, means-- 15
(a) the arrest of the defendant in the proceeding; or 16
(b) the making of a complaint under the Justices Act 1886, 17
section 42 in relation to the defendant in the proceeding; 18
or 19
(c) the serving of a notice to appear on the defendant in the 20
proceeding under the Police Powers and Responsibilities 21
Act 2000, section 382.'. 22
© State of Queensland 2010
Page 117
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