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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Constitutional and Other
Legislation Amendment
Bill 2005
Queensland
Constitutional and Other Legislation
Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Constitution of Queensland 2001
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Insertion of new s 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
14A When the Legislative Assembly must meet after an
election ............................... 6
5 Amendment of s 22 (No member to sit or vote without first taking
oath or making affirmation). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 25 (Functions of Parliamentary Secretary) . . . . 7
7 Insertion of new s 33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
33A Power of Governor--information . . . . . . . . . . . . . . . . 8
8 Amendment of s 34 (Power of Governor--Ministers) . . . . . . . . . . 8
9 Amendment of s 43 (Appointment of Ministers of the State) . . . . 8
10 Insertion of new ss 43A-43D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
43A Minister must be a member of the Legislative
Assembly or a candidate . . . . . . . . . . . . . . . . . . . . . . 9
43B Length of appointment of Ministers . . . . . . . . . . . . . . 9
43C The Premier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
43D Premier must be a member of the Legislative
Assembly or a candidate . . . . . . . . . . . . . . . . . . . . . . 10
11 Amendment of s 46 (Member may act for a Minister) . . . . . . . . . 11
12 Amendment of s 48 (Executive Council) . . . . . . . . . . . . . . . . . . . 11
13 Amendment of s 49 (Length of appointment as member of
Executive Council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Amendment of s 52 (Definitions for div 2) . . . . . . . . . . . . . . . . . . 12
2
Constitutional and Other Legislation Amendment
Bill 2005
15 Amendment of s 59 (Appointment of judges) . . . . . . . . . . . . . . . . 12
16 Amendment of s 60 (Length of judge's appointment). . . . . . . . . . 12
17 Amendment of s 61 (Removal from office for misbehaviour or
incapacity) .................................... 13
18 Insertion of new s 61A hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Insertion of new ss 61B and 61C . . . . . . . . . . . . . . . . . . . . . . . . . 14
61B Referral of allegations to, and jurisdiction of, tribunal . 14
61C Report by tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Insertion of new ch 9, pt 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Insertion of new ch 9, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Part 2 Constitutional and Other Legislation
Amendment Act 2005
94 Appointment of a Minister or the Premier. . . . . . . . . . 16
22 Amendment of sch 1 (Oaths and affirmations). . . . . . . . . . . . . . . 16
Part 3 Amendment of Parliament of Queensland Act 2001
23 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
24 Amendment of s 9 (Meaning of proceedings in the Assembly) . . 17
25 Insertion of new s 59A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
59A References to when the Assembly is not sitting . . . . . 18
26 Amendment of s 70 (Meaning of transacts business) . . . . . . . . . 18
27 Amendment of s 71 (Restrictions on member transacting
business with an entity of the State). . . . . . . . . . . . . . . . . . . . . . . 19
28 Amendment of s 78 (Main object of ch 5 and its achievement) . . 19
29 Amendment of s 87 (Constitutional reform) . . . . . . . . . . . . . . . . . 20
30 Amendment of s 89 (Legal reform). . . . . . . . . . . . . . . . . . . . . . . . 20
31 Insertion of new ch 7, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 4 Salary sacrifice
123A Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
123B Member may salary sacrifice . . . . . . . . . . . . . . . . . . . 21
123C Variation or revocation of election . . . . . . . . . . . . . . . 22
32 Insertion of new ch 10, pt 1 and pt 2 hdgs . . . . . . . . . . . . . . . . . . 22
33 Insertion of new ch 10, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 3 Constitutional and Other Legislation
Amendment Act 2005
164 Documents to which s 9(3) of the pre-amended Act
applied ............................. 22
165 Provision for amendments to ss 70 and 71 . . . . . . . . 23
34 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 24
3
Constitutional and Other Legislation Amendment
Bill 2005
Part 4 Amendment of Commission for Children and Young People
and Child Guardian Act 2000
35 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
36 Amendment of s 121 (Person may apply for review of decision) . 24
37 Amendment of s 122A (Notice of change in police information
about a person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
38 Amendment of s 126 (Use of information obtained under this
part about a person). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
39 Amendment of s 152 (Confidentiality of information about
criminal history) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Amendment of s 153 (Confidentiality of other information) . . . . . 27
41 Amendment of s 161 (Protection from liability). . . . . . . . . . . . . . . 28
42 Replacement of s 163 (Other reports relating to commissioner's
functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
163 Other reports by commissioner . . . . . . . . . . . . . . . . . 28
43 Amendment of s 163A (Annual report by commission) . . . . . . . . 29
44 Insertion of new pt 9, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 8 Further transitional provisions for the
Commission for Children and Young People
and Child Guardian Amendment Act 2004
196 Definitions for div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
197 Main purpose of div 8 . . . . . . . . . . . . . . . . . . . . . . . . . 30
198 Circumstances, after commencement, in which
pre-amended Act applies to outstanding relevant
application ........................... 30
199 Circumstances, after commencement, in which this
Act applies to outstanding relevant application . . . . . 31
200 Relevant applications dealt with before
commencement ........................ 32
201 Application of ss 122 and 122A in particular
circumstances ....................... 33
202 Circumstances, after commencement, relating to
ss 118 and 119 of pre-amended Act . . . . . . . . . . . . . 33
203 Circumstances, before commencement, relating to
ss 118 and 119 of pre-amended Act . . . . . . . . . . . . . 34
204 Circumstances where pre-amended Act applies to
application for review made before commencement . 35
205 Circumstances where this Act applies to notices
issued before the commencement . . . . . . . . . . . . . . . 36
206 References to prescribed notice. . . . . . . . . . . . . . . . . 36
4
Constitutional and Other Legislation Amendment
Bill 2005
Part 5 Amendments of other legislation
45 Minor and consequential amendments . . . . . . . . . . . . . . . . . . . . 36
Schedule Minor and consequential amendments . . . . . . . . . . . . . . . . . . 37
Anti-Discrimination Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Crime and Misconduct Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 37
District Court of Queensland Act 1967. . . . . . . . . . . . . . . . . . . . . 38
Justices of the Peace and Commissioners for Declarations Act
1991 .......................................... 38
Magistrates Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Magistrates Regulation 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Oaths Act 1867. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Supreme Court of Queensland Act 1991 . . . . . . . . . . . . . . . . . . . 42
2005
A Bill
for
An Act to amend the Constitution of Queensland 2001, the
Parliament of Queensland Act 2001 and the Commission for
Children and Young People and Child Guardian Act 2000, and
for other purposes
s1 6 s4
Constitutional and Other Legislation Amendment
Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Constitutional and Other 4
Legislation Amendment Act 2005. 5
Clause 2 Commencement 6
Sections 35 to 37 are taken to have commenced on 17 January 7
2005 immediately after the Commission for Children and 8
Young People and Child Guardian Amendment Act 2004 9
commenced. 10
Part 2 Amendment of Constitution of 11
Queensland 2001 12
Clause 3 Act amended in pt 2 13
This part amends the Constitution of Queensland 2001. 14
Clause 4 Insertion of new s 14A 15
Chapter 2, part 2-- 16
insert-- 17
`14A When the Legislative Assembly must meet after an 18
election 19
`(1) The Legislative Assembly must meet after a general election 20
no later than the end of the longest of the following periods-- 21
(a) 60 days after the day of the general election; 22
s5 7 s6
Constitutional and Other Legislation Amendment
Bill 2005
(b) if the 60 day period mentioned in paragraph (a) includes 1
all or part of the summer holidays--90 days after the 2
day of the general election; 3
(c) if a later date for the return of the writ for the general 4
election has been substituted under the Electoral Act 5
1992, section 82--the period starting on the day of the 6
general election and ending 1 week after the date of the 7
return of the writ. 8
`(2) In this section-- 9
general election means an election for the members of the 10
Legislative Assembly. 11
State school see the Education (General Provisions) Act 12
1989, section 2(1). 13
summer holidays means the days, that include Christmas Day, 14
appointed under legislation for student vacations for State 15
schools.'. 16
Clause 5 Amendment of s 22 (No member to sit or vote without 17
first taking oath or making affirmation) 18
Section 22(1), `of allegiance and of office'-- 19
omit, insert-- 20
`of office, or of allegiance and of office,'. 21
Clause 6 Amendment of s 25 (Functions of Parliamentary 22
Secretary) 23
(1) Section 25, existing provision-- 24
renumber as subsection (2). 25
(2) Section 25-- 26
insert-- 27
`(1) Subject to subsection (2), the main function of a 28
Parliamentary Secretary is to help a Minister to perform the 29
Minister's functions.'. 30
s7 8 s9
Constitutional and Other Legislation Amendment
Bill 2005
Clause 7 Insertion of new s 33A 1
After section 33-- 2
insert-- 3
`33A Power of Governor--information 4
`The Governor may ask the Premier or another Minister for 5
information on any particular matter about the Government of 6
the State that is relevant to the performance or exercise of the 7
Governor's functions or powers.'. 8
Clause 8 Amendment of s 34 (Power of Governor--Ministers) 9
Section 34, from `is not subject'-- 10
omit, insert-- 11
`must, in accordance with constitutional conventions, act on 12
the advice of the Premier.'. 13
Clause 9 Amendment of s 43 (Appointment of Ministers of the 14
State) 15
(1) Section 43-- 16
insert-- 17
`(1A) One of the offices declared under subsection (1) must be or 18
include the office of the Premier. 19
`(1B) A reference in this Act to the Premier is a reference to the 20
person appointed to the office mentioned in subsection (2).'. 21
(2) Section 43(2), `a Minister'-- 22
omit, insert-- 23
`the Premier or as another Minister'. 24
(3) Section 43(5), `of allegiance and of office'-- 25
omit, insert-- 26
`of office, or of allegiance and of office,'. 27
(4) Section 43(1A) to (6)-- 28
renumber as section 43(2) to (8). 29
s 10 9 s 10
Constitutional and Other Legislation Amendment
Bill 2005
Clause 10 Insertion of new ss 43A-43D 1
After section 43-- 2
insert-- 3
`43A Minister must be a member of the Legislative 4
Assembly or a candidate 5
`(1) A person may be appointed as a Minister if the person is-- 6
(a) a member of the Legislative Assembly; or 7
(b) a candidate for election as a member of the Legislative 8
Assembly under the Electoral Act 1992. 9
`(2) If a person is appointed as a Minister under subsection (1)(b), 10
the appointment ends 90 days after the appointment unless the 11
person becomes a member of the Legislative Assembly. 12
`(3) For this section, a person becomes a member of the 13
Legislative Assembly when the Electoral Commission of 14
Queensland is notified of the person's election under the 15
Electoral Act 1992, section 122.1 16
`(4) This section does not apply to the appointment of a person as 17
the Premier. 18
19
Note--
20
See section 43D for similar provisions applying to the Premier.
`43B Length of appointment of Ministers 21
`(1) The appointment of a person as a Minister ends on the 22
happening of any of the following-- 23
(a) the acceptance by the Governor of the person's 24
resignation as a Minister; 25
(b) the person's removal as a Minister by the Governor in 26
accordance with constitutional conventions relating to 27
the exercise of the power; 28
(c) section 43A(2) has effect in relation to the person's 29
appointment as a Minister. 30
1 Electoral Act 1992, section 122 (Notifying the results of an election)
s 10 10 s 10
Constitutional and Other Legislation Amendment
Bill 2005
`(2) This section does not apply to the Premier. 1
2
Note--
3
See section 43C(3) for similar provisions applying to the Premier.
`43C The Premier 4
`(1) The role of the Premier is to be chief Minister, chairperson of 5
Cabinet and chief advisor to the Governor. 6
`(2) In appointing a person as the Premier, the Governor must 7
appoint someone who the Governor believes can form a 8
Government that is most likely to command the confidence of 9
a majority of the members of the Legislative Assembly. 10
`(3) The appointment of a person as the Premier ends on the 11
happening of any of the following-- 12
(a) the acceptance by the Governor of the person's 13
resignation as Premier; 14
(b) the person's removal as Premier by the Governor in 15
accordance with constitutional conventions relating to 16
the exercise of the power; 17
(c) section 43D(2) has effect in relation to the person's 18
appointment as Premier. 19
`(4) Subsections (2) and (3) have no effect on the evolution of the 20
constitutional conventions, including those relating to the 21
exercise of the reserve powers. 22
`(5) Also, subsections (2) and (3) do not make justiciable the 23
exercise by the Governor of a power to appoint or remove a 24
person as Premier if the exercise by the Governor of that 25
power as a reserve power was not justiciable before the 26
enactment of the subsections. 27
`43D Premier must be a member of the Legislative 28
Assembly or a candidate 29
`(1) A person may be appointed as the Premier if the person is-- 30
(a) a member of the Legislative Assembly; or 31
s 11 11 s 12
Constitutional and Other Legislation Amendment
Bill 2005
(b) a candidate for election as a member of the Legislative 1
Assembly under the Electoral Act 1992. 2
`(2) If a person is appointed as the Premier under subsection 3
(1)(b), the appointment ends 90 days after the appointment 4
unless the person becomes a member of the Legislative 5
Assembly. 6
`(3) For this section, a person becomes a member of the 7
Legislative Assembly when the Electoral Commission of 8
Queensland is notified of the person's election under the 9
Electoral Act 1992, section 122.2'. 10
Clause 11 Amendment of s 46 (Member may act for a Minister) 11
(1) Section 46(3), `of allegiance and of office'-- 12
omit, insert-- 13
`of office, or of allegiance and of office,'. 14
(2) Section 46(6), `section 43(4)'-- 15
omit, insert-- 16
`section 43(6)'. 17
Clause 12 Amendment of s 48 (Executive Council) 18
(1) Section 48-- 19
insert-- 20
`(1A) The main function of the Executive Council is to advise the 21
Governor on the Government of the State, including by 22
making recommendations to the Governor about the exercise 23
of the powers of the Governor in Council.'. 24
(2) Section 48(1A) to (4)-- 25
renumber as section 48(2) to (5). 26
2 Electoral Act 1992, section 122 (Notifying the results of an election)
s 13 12 s 16
Constitutional and Other Legislation Amendment
Bill 2005
Clause 13 Amendment of s 49 (Length of appointment as member of 1
Executive Council) 2
(1) Section 49, heading, `Council'-- 3
omit, insert-- 4
`Council and a related matter'. 5
(2) Section 49, from `only'-- 6
omit, insert-- 7
`on the person's removal as a member of Executive Council 8
by the Governor in accordance with constitutional 9
conventions relating to the exercise of the power.'. 10
(3) Section 49-- 11
insert-- 12
`(2) A member of the Executive Council may attend Executive 13
Council meetings only while the member is a Minister.'. 14
Clause 14 Amendment of s 52 (Definitions for div 2) 15
Section 52, definition State-- 16
omit, insert-- 17
`State includes a department of government of the State and 18
part of a department of government of the State.'. 19
Clause 15 Amendment of s 59 (Appointment of judges) 20
Section 59(2), `of allegiance and of office'-- 21
omit, insert-- 22
`of loyalty and of office, or of allegiance and of office,'. 23
Clause 16 Amendment of s 60 (Length of judge's appointment) 24
(1) Section 60(2)-- 25
omit, insert-- 26
`(2) A judge must retire on reaching 70 years of age. 27
s 17 13 s 17
Constitutional and Other Legislation Amendment
Bill 2005
`(2A) Despite subsection (2), a judge who, before retiring, whether 1
or not because of subsection (2), starts the hearing of a 2
proceeding remains a judge for the purposes of finishing the 3
proceeding.'. 4
(2) Section 60(2A) and (3)-- 5
renumber as section 60(3) and (4). 6
Clause 17 Amendment of s 61 (Removal from office for 7
misbehaviour or incapacity) 8
(1) Section 61(3) and (4)-- 9
omit, insert-- 10
`(3) For subsection (2)(a), there is proved misbehaviour justifying 11
removal from the office only if-- 12
(a) a tribunal states in a report under section 61C-- 13
(i) a finding that some or all the allegations of 14
misbehaviour referred to the tribunal are proved on 15
the balance of probabilities; and 16
(ii) that the proved misbehaviour is capable in law of 17
justifying removal from the office; and 18
(b) the Legislative Assembly-- 19
(i) accepts the finding of the tribunal; and 20
(ii) decides that the judge should be removed from the 21
office. 22
`(4) For subsection (2)(b), there is proved incapacity to perform 23
the duties of the office only if-- 24
(a) a tribunal states in a report under section 61C a finding 25
that incapacity to perform the duties of the office is 26
proved on the balance of probabilities; and 27
(b) the Legislative Assembly-- 28
(i) accepts the finding of the tribunal; and 29
(ii) decides that the judge should be removed from the 30
office.'. 31
s 18 14 s 19
Constitutional and Other Legislation Amendment
Bill 2005
(2) Section 61(5), `The tribunal'-- 1
omit, insert-- 2
`A tribunal mentioned in section 61'. 3
(3) Section 61(5) to (10)-- 4
renumber and relocate as section 61A(1) to (6). 5
Clause 18 Insertion of new s 61A hdg 6
After section 61-- 7
insert-- 8
`61A Establishment of a tribunal'. 9
Clause 19 Insertion of new ss 61B and 61C 10
After section 61A-- 11
insert-- 12
`61B Referral of allegations to, and jurisdiction of, tribunal 13
`(1) For section 61, the Legislative Assembly must refer to the 14
tribunal established under section 61A specific allegations 15
of-- 16
(a) misbehaviour; or 17
(b) incapacity to perform the duties of the office concerned. 18
`(2) The jurisdiction of the tribunal is limited to the specific 19
allegations. 20
`(3) The Legislative Assembly may refer further specific 21
allegations to the tribunal and, if it does so, the jurisdiction of 22
the tribunal is extended to those allegations. 23
`(4) The Legislative Assembly may act under subsection (3) on its 24
own initiative or after receiving an interim report from the 25
tribunal asking for a referral of further specific allegations to 26
the tribunal. 27
`(5) The Legislative Assembly may only refer an allegation to the 28
tribunal under subsection (1) or (3) if it is a matter that is to 29
constitute the jurisdiction of the tribunal. 30
s 20 15 s 21
Constitutional and Other Legislation Amendment
Bill 2005
`61C Report by tribunal 1
`(1) The tribunal must report in writing to the Legislative 2
Assembly-- 3
(a) if the allegations are of misbehaviour-- 4
(i) whether some or all the allegations referred to the 5
tribunal are proved on the balance of probabilities; 6
and 7
(ii) whether the proved misbehaviour is capable in law 8
of justifying removal from the office; or 9
(b) if the allegations are of incapacity to perform the duties 10
of the office, whether incapacity to perform the duties of 11
the office is proved on the balance of probabilities. 12
`(2) Despite subsection (1), it is not necessary for the tribunal to 13
report anything to the Legislative Assembly that it considers 14
immaterial to the exercise by the Legislative Assembly of its 15
power under section 61. 16
17
Examples--
18
A tribunal investigating allegations of misbehaviour by a judge finds that
19
none of the allegations are proved on the balance of probabilities. The
20
tribunal need only report this finding to the Legislative Assembly.
21
A tribunal investigating allegations of misbehaviour by a judge finds that
22
the misbehaviour, even if proved on the balance of probabilities, is not
23
capable in law of justifying removal from the office. The tribunal need
24
only report this finding to the Legislative Assembly.'.
Clause 20 Insertion of new ch 9, pt 1 hdg 25
Chapter 9, before section 81-- 26
insert-- 27
`Part 1 Act No. 80 of 2001'. 28
Clause 21 Insertion of new ch 9, pt 2 29
Chapter 9, after section 93-- 30
insert-- 31
s 22 16 s 22
Constitutional and Other Legislation Amendment
Bill 2005
`Part 2 Constitutional and Other 1
Legislation Amendment Act 2
2005 3
`94 Appointment of a Minister or the Premier 4
`The enactment of section 43A or 43C3 has no effect on the 5
appointment of a Minister or the Premier of the State holding 6
any office immediately before the commencement of the 7
section.'. 8
Clause 22 Amendment of sch 1 (Oaths and affirmations) 9
(1) Schedule 1, before the Oath or affirmation of allegiance and 10
of office--member of the Legislative Assembly-- 11
insert-- 12
`Oath or affirmation of office--member of the Legislative Assembly 13
I, ..(name).., do sincerely promise and swear (or, for an affirmation--do 14
sincerely promise and affirm) that 15
I will well and truly serve the people of Queensland and faithfully 16
perform the duties and responsibilities of a member of the Legislative 17
Assembly to the best of my ability and according to law. 18
So help me God! (or omitted for an affirmation).'. 19
(2) Schedule 1, before the Oath or affirmation of allegiance and 20
of office--Minister of the State and acting Minister of the 21
State-- 22
insert-- 23
`Oath or affirmation of office--Minister of the State and acting 24
Minister of the State 25
I, ..(name).., do sincerely promise and swear (or, for an affirmation--do 26
sincerely promise and affirm) that 27
3 Section 43A (Minister must be a member of the Legislative Assembly or a
candidate) or 43C (The Premier)
s 23 17 s 24
Constitutional and Other Legislation Amendment
Bill 2005
I will well and truly serve the people of Queensland in the office of 1
(portfolio title) (or, for an acting Minister of the State--acting in the office 2
of (portfolio title)). 3
So help me God! (or omitted for an affirmation).'. 4
(3) Schedule 1, before the Oath or affirmation of allegiance and 5
of office--Judge-- 6
insert-- 7
`Oath or affirmation of loyalty and of office--Judge 8
I, ..(name).., do sincerely promise and swear (or, for an affirmation--do 9
sincerely promise and affirm) that 10
As a judge of the Supreme Court of Queensland (or District Court of 11
Queensland) (and/or as (title of other office, for example, Chief Justice of 12
Queensland)), I will faithfully serve the people and the State of Queensland 13
and I will at all times and in all things do equal justice to all persons and 14
discharge the duties and responsibilities of the office according to law to 15
the best of my knowledge and ability without fear favour or affection. 16
So help me God! (or omitted for an affirmation).'. 17
Part 3 Amendment of Parliament of 18
Queensland Act 2001 19
Clause 23 Act amended in pt 3 20
This part amends the Parliament of Queensland Act 2001. 21
Clause 24 Amendment of s 9 (Meaning of proceedings in the 22
Assembly) 23
(1) Section 9(3)-- 24
omit. 25
(2) Section 9(4) and (5)-- 26
renumber as section 9(3) and (4). 27
s 25 18 s 26
Constitutional and Other Legislation Amendment
Bill 2005
Clause 25 Insertion of new s 59A 1
Chapter 3, part 4, after section 59-- 2
insert-- 3
`59A References to when the Assembly is not sitting 4
`(1) Subsection (2) applies if an Act or the standing rules and 5
orders refer to something being done, or state the effect of 6
something done, in relation to a document when the Assembly 7
is not sitting. 8
`(2) The reference to the Assembly not sitting is taken to include 9
the Assembly being expired, prorogued or dissolved. 10
`(3) If a document is taken to have been tabled in the Assembly 11
because of subsection (2) when the Assembly-- 12
(a) has expired or is dissolved; or 13
(b) is prorogued and the Assembly expires or is dissolved 14
before its next session; 15
the document is taken to be a document of the next Assembly. 16
`(4) If a document is taken to have been tabled in the Assembly 17
because of subsection (2) when the Assembly is prorogued 18
and the Assembly does not expire and is not dissolved before 19
its next session, the document is taken to be a document of the 20
next session of the Assembly.'. 21
Clause 26 Amendment of s 70 (Meaning of transacts business) 22
(1) Section 70(1)(a), after `State'-- 23
insert-- 24
`for the supply of goods to the entity to be used in the service 25
of the public'. 26
(2) Section 70(2)(a), `for a contract'-- 27
omit, insert-- 28
`for subsection (1)(a)'. 29
(3) Section 70(2)(a)(ii) and (iii)-- 30
omit. 31
s 27 19 s 28
Constitutional and Other Legislation Amendment
Bill 2005
(4) Section 70(2)(a)(iv)-- 1
renumber as section 70(2)(a)(ii). 2
(5) Section 70(2)(b), `for a duty or service'-- 3
omit, insert-- 4
`for subsection (1)(b)'. 5
(6) Section 70(2)(b)(ii), `service or duty'-- 6
omit, insert-- 7
`duty or service'. 8
(7) Section 70(5)-- 9
insert-- 10
`duty or service includes a duty or service constituted by the 11
act of transacting any business for the State entity concerned. 12
`entity, of the State, does not include a local government.'. 13
Clause 27 Amendment of s 71 (Restrictions on member transacting 14
business with an entity of the State) 15
(1) Section 71(7)-- 16
omit. 17
(2) Section 71(8)-- 18
insert-- 19
`entity, of the State, does not include a local government.'. 20
(3) Section 71(8)-- 21
renumber as section 71(7). 22
Clause 28 Amendment of s 78 (Main object of ch 5 and its 23
achievement) 24
(1) Section 78, heading-- 25
omit, insert-- 26
`78 Main objects of ch 5 and their achievement'. 27
s 29 20 s 31
Constitutional and Other Legislation Amendment
Bill 2005
(2) Section 78(1)-- 1
omit, insert-- 2
`(1) The main objects of this chapter are to-- 3
(a) enhance the transparency and accountability of public 4
administration in Queensland; and 5
(b) extend democratic government in Queensland.'. 6
(3) Section 78(2), `main object is'-- 7
omit, insert-- 8
`main objects are'. 9
Clause 29 Amendment of s 87 (Constitutional reform) 10
Section 87, after `impliedly'-- 11
insert-- 12
`amending or'. 13
Clause 30 Amendment of s 89 (Legal reform) 14
(1) Section 89, before paragraph (a)-- 15
insert-- 16
`(aa) considering whether Queensland law has sufficient 17
regard to Aboriginal tradition and Island custom; and 18
(ab) the particular effect any Queensland law has on 19
Aboriginal people and Torres Strait Islanders; and'. 20
(2) Section 89(aa) to (b)-- 21
renumber as section 89(a) to (d). 22
Clause 31 Insertion of new ch 7, pt 4 23
Chapter 7-- 24
insert-- 25
s 31 21 s 31
Constitutional and Other Legislation Amendment
Bill 2005
`Part 4 Salary sacrifice 1
`123A Application of pt 4 2
`This part applies to a member if the Parliamentary 3
Contributory Superannuation Act 1970 does not apply to the 4
member. 5
`123B Member may salary sacrifice 6
`(1) A member may, by written notice given to the Clerk, elect that 7
the annual salary and any additional salary of the member be 8
provided-- 9
(a) in part by the payment of salary to the member; and 10
(b) in part by the payment of employer superannuation 11
contributions to the State Public Sector Superannuation 12
Fund under the Superannuation (State Public Sector) 13
Act 1990. 14
`(2) The payment under subsection (1)(b) can not be more than-- 15
(a) for the member's annual salary--50% of that salary; and 16
(b) for any additional salary of the member--50% of that 17
salary. 18
`(3) Despite part of the annual salary or any additional salary of 19
the member being paid to the State Public Sector 20
Superannuation Fund under the election, the member is taken 21
to have received the annual salary and any additional salary 22
the member is entitled to. 23
`(4) In this section-- 24
additional salary, of a member, means salary the member is 25
entitled to under part 2. 26
annual salary, of a member, means the annual salary the 27
member is entitled to under part 1. 28
s 32 22 s 33
Constitutional and Other Legislation Amendment
Bill 2005
`123C Variation or revocation of election 1
`(1) A member may vary or revoke an election made under section 2
123B by written notice given to the Clerk. 3
`(2) The variation is subject to section 123B(2).'. 4
Clause 32 Insertion of new ch 10, pt 1 and pt 2 hdgs 5
(1) Before section 162-- 6
insert-- 7
`Part 1 Parliament of Queensland 8
Amendment Act 2003'. 9
(2) Before section 163-- 10
insert-- 11
`Part 2 Parliament of Queensland 12
Amendment Act 2004'. 13
Clause 33 Insertion of new ch 10, pt 3 14
Chapter 10, after section 163-- 15
insert-- 16
`Part 3 Constitutional and Other 17
Legislation Amendment Act 18
2005 19
`164 Documents to which s 9(3) of the pre-amended Act 20
applied 21
`(1) Section 84 does not apply to a previous document if it did not 22
apply to the document immediately before the 23
commencement under section 9(3) of the pre-amended Act. 24
`(2) In this section-- 25
4 Section 8 (Assembly proceedings can not be impeached or questioned)
s 33 23 s 33
Constitutional and Other Legislation Amendment
Bill 2005
commencement means the commencement of this section. 1
pre-amended Act means this Act as in force before the 2
commencement of the Constitutional and Other Legislation 3
Amendment Act 2005, part 3.5 4
previous document means a document tabled in, or presented 5
or submitted to, the Assembly, a committee or an inquiry 6
before the commencement. 7
`165 Provision for amendments to ss 70 and 71 8
`(1) During the transitional period, section 71(1) and (2)6 are taken 9
always to have applied in relation to a contract or the 10
performance of a duty or service as if sections 707 and 71 as 11
amended by the amendment had commenced on 6 June 2002. 12
`(2) For deciding whether a member has contravened section 71(1) 13
during the transitional period, section 72(1)(h)8 is taken to 14
apply as if sections 70 and 71 as amended by the amendment 15
had commenced on 6 June 2002. 16
`(3) Section 159(6)9 has effect as if sections 70 and 71 as amended 17
by the amendment had commenced on 6 June 2002. 18
`(4) In this section-- 19
amendment means the Constitutional and Other Legislation 20
Amendment Act 2005, sections 26 and 27. 21
transitional period means the period starting at the beginning 22
of 6 June 2002 and ending at the end of the day before the 23
commencement of the amendment.'. 24
5 Constitutional and Other Legislation Amendment Act 2005, part 3 (Amendment of
Parliament of Queensland Act 2001)
6 Section 71 (Restrictions on member transacting business with an entity of the State)
7 Section 70 (Meaning of transacts business)
8 Section 72 (Vacating seats of members in particular circumstances)
9 Section 159 (Transitional provisions relating to chapter 4)
s 34 24 s 36
Constitutional and Other Legislation Amendment
Bill 2005
Clause 34 Amendment of schedule (Dictionary) 1
Schedule-- 2
insert-- 3
`transacts business see section 70(1).'. 4
Part 4 Amendment of Commission for 5
Children and Young People and 6
Child Guardian Act 2000 7
Clause 35 Act amended in pt 4 8
This part amends the Commission for Children and Young 9
People and Child Guardian Act 2000. 10
Clause 36 Amendment of s 121 (Person may apply for review of 11
decision) 12
(1) Section 121(1)-- 13
omit, insert-- 14
`(1) A person may apply to the Children Services Tribunal for a 15
review of either of the following decisions of the 16
commissioner-- 17
(a) a decision as to whether or not there is an exceptional 18
case as mentioned in section 102(4) or (7), 119B(2) or 19
119D(3) if, because of the decision, the commissioner 20
issued a negative notice, or refused to cancel a negative 21
notice, about the person; 22
(b) a decision that the person had been charged with an 23
excluding offence if, because of the decision, the 24
positive notice held by the person was suspended under 25
section 119C(1).'. 26
s 37 25 s 37
Constitutional and Other Legislation Amendment
Bill 2005
(2) Section 121(1)-- 1
insert-- 2
`(1A) An application to review a decision mentioned in subsection 3
(1)(b) may only be made if the person claims he or she has not 4
been charged with the relevant excluding offence.'. 5
Clause 37 Amendment of s 122A (Notice of change in police 6
information about a person) 7
(1) Section 122A(1)-- 8
omit, insert-- 9
`(1) This section applies if, for a person in relation to whom either 10
of the following happens, the police commissioner reasonably 11
suspects the person is a person mentioned in section 122(1)(a) 12
to (c)-- 13
(a) the person's criminal history changes; 14
(b) the police commissioner decides, under section 121A, 15
that information about the person is investigative 16
information (regardless of when the act or omission 17
relevant to the investigative information happened or is 18
alleged to have happened). 19
`(1A) The police commissioner may notify the commissioner that-- 20
(a) the person's criminal history has changed; or 21
(b) the police commissioner has decided that information 22
about the person is investigative information.'. 23
(2) Section 122A(2)(c)-- 24
omit, insert-- 25
`(c) a brief description of the conviction or charge to which 26
the change relates, or of the investigative information.'. 27
(3) Section 122A(4), `subsection (1)'-- 28
omit, insert-- 29
`subsection (1A)'. 30
s 38 26 s 39
Constitutional and Other Legislation Amendment
Bill 2005
Clause 38 Amendment of s 126 (Use of information obtained under 1
this part about a person) 2
Section 126, after `for this part'-- 3
insert-- 4
`or a report under section 163'. 5
Clause 39 Amendment of s 152 (Confidentiality of information about 6
criminal history) 7
(1) Section 152-- 8
insert-- 9
`(2A) This section also applies to a person who is or has been-- 10
(a) the Minister and in that capacity received a verbal 11
report, or a written report (a document), under section 12
16310 that included information mentioned in subsection 13
(1)(b); or 14
(b) a person mentioned in subsection (4)(c) or (d) and in 15
that capacity acquired the information, or gained access 16
to the document in so far as it relates to the 17
information.'. 18
(2) Section 152(4)-- 19
insert-- 20
`(ba) if subsection (2A)(a) applies--to a public service officer 21
of the department, the commissioner, a staff member or 22
a member of the Minister's staff for the purpose of 23
obtaining advice relating to the information; or 24
(bb) if subsection (2A)(b) applies-- to the Minister, a public 25
service officer of the department, the commissioner, a 26
staff member or a member of the Minister's staff for the 27
purpose of providing advice to the Minister relating to 28
the information; or'. 29
10 Section 163 (Other reports by the commissioner)
s 40 27 s 40
Constitutional and Other Legislation Amendment
Bill 2005
(3) Section 152(4)(d), after `Act'-- 1
insert-- 2
`or is authorised under section 163'. 3
(4) Section 152(4)(ba) to (d)-- 4
renumber as section 152(4)(c) to (f). 5
Clause 40 Amendment of s 153 (Confidentiality of other 6
information) 7
(1) Section 153(3), before paragraph (a)-- 8
insert-- 9
`(aa) the Minister or a member of the Minister's staff; or'. 10
(2) Section 153(3)-- 11
insert-- 12
`(ba) a public service officer of the department; or'. 13
(3) Section 153(3)(aa) to (d)-- 14
renumber as section 153(3)(a) to (f). 15
(4) Section 153-- 16
insert-- 17
`(5) Without limiting subsection (4)(a), a person makes a record of 18
confidential information or discloses it to someone else for 19
this Act in the following circumstances-- 20
(a) if the person is the Minister--the Minister makes the 21
record, or discloses the information to the 22
commissioner, a member of the commission's staff, a 23
public service officer of the department or a member of 24
the Minister's staff, (the relevant person) for the 25
purpose of obtaining advice relating to a report given to 26
the Minister under section 163; 27
(b) if the person is a relevant person--the person makes the 28
record, or discloses the information to the Minister or 29
another relevant person, for the purpose of providing 30
advice to the Minister relating to the report.'. 31
s 41 28 s 42
Constitutional and Other Legislation Amendment
Bill 2005
Clause 41 Amendment of s 161 (Protection from liability) 1
(1) Section 161(3), definition official, before paragraph (a)-- 2
insert-- 3
`(aa) the Minister or a member of the Minister's staff; or'. 4
(2) Section 161(3), definition official-- 5
insert-- 6
`(ba) a public service officer of the department; or'. 7
(3) Section 161(3), definition official, paragraph (c), `(a) or (b)'-- 8
omit, insert-- 9
`(b) or (c)'. 10
(4) Section 161(3), definition official, paragraphs (aa) to (d)-- 11
renumber as paragraphs (a) to (f). 12
Clause 42 Replacement of s 163 (Other reports relating to 13
commissioner's functions) 14
Section 163-- 15
omit, insert-- 16
`163 Other reports by commissioner 17
`(1) The commissioner may provide the Minister with a report 18
relating to the administration of this Act, including the 19
performance and exercise of the commissioner's functions 20
and powers under this Act. 21
`(2) The commissioner must provide the Minister with a report of 22
a type mentioned in subsection (1) if the Minister asks for it. 23
`(3) A report under this section-- 24
(a) may relate to matters generally or to a particular matter; 25
or 26
(b) may include confidential information about a person 27
obtained under part 6 including confidential information 28
s 43 29 s 44
Constitutional and Other Legislation Amendment
Bill 2005
to which section 126 or 153 applies or that is mentioned 1
in 152(1)(b).11'. 2
Clause 43 Amendment of s 163A (Annual report by commission) 3
Section 163A-- 4
insert-- 5
`(c) information about the number of times the Minister 6
asked the commissioner for a report under section 163 7
during the year.'. 8
Clause 44 Insertion of new pt 9, div 8 9
After section 195-- 10
insert-- 11
`Division 8 Further transitional provisions for 12
the Commission for Children and 13
Young People and Child Guardian 14
Amendment Act 2004 15
`196 Definitions for div 8 16
`In this division-- 17
commencement means commencement of this section. 18
post-amended Act means the Commission for Children and 19
Young People and Child Guardian Act 2000 as in force from 20
time to time on and after 17 January 2005 and before the 21
commencement. 22
pre-amended Act means the Commission for Children and 23
Young People and Child Guardian Act 2000 as in force 24
immediately before 17 January 2005. 25
11 Sections 126 (Use of information obtained under this part about a person), (152
(Confidentiality of information about criminal history) and 153 (Confidentiality of
other information)
s 44 30 s 44
Constitutional and Other Legislation Amendment
Bill 2005
relevant applicant, in relation to a relevant application, means 1
the person in relation to whom the relevant application is 2
made. 3
relevant application means an application under section 100 4
or 10112 of the pre-amended Act that was received by the 5
commissioner before 17 January 2005. 6
suitability notice means a suitability notice under the 7
pre-amended Act. 8
`197 Main purpose of div 8 9
`The main purpose of this division is to clarify and declare the 10
law applying, in particular circumstances, to relevant 11
applications and to suitability notices. 12
`198 Circumstances, after commencement, in which 13
pre-amended Act applies to outstanding relevant 14
application 15
`(1) This section applies to a relevant application and the relevant 16
applicant if-- 17
(a) a decision under section 102(1)13 of the pre-amended 18
Act about the relevant application had not been made 19
before 17 January 2005; and 20
(b) before the commencement, the commissioner had not 21
issued a prescribed notice to the relevant applicant; and 22
(c) on or after 17 January 2005, no police information and 23
no disciplinary information about the relevant applicant 24
was received by the commissioner. 25
`(2) The pre-amended Act applies to the relevant application and 26
the relevant applicant for the purpose of making a decision 27
about the relevant application. 28
12 Section 100 (Application for notice--regulated employment) or 101 (Application
for notice--regulated business) of the pre-amended Act
13 Section 102 (Decision on application) of the pre-amended Act
s 44 31 s 44
Constitutional and Other Legislation Amendment
Bill 2005
`(3) If the decision, by application of the pre-amended Act, 1
involves declaring the relevant applicant to be a suitable 2
person for child-related employment, the relevant applicant is 3
to be issued, under section 102(2)(a) of this Act, with a 4
positive notice. 5
`(4) If the decision, by application of the pre-amended Act, 6
involves declaring the relevant applicant to be an unsuitable 7
person for child-related employment, the relevant applicant is 8
to be issued, under section 102(2)(b) of this Act, with a 9
negative notice. 10
`(5) On the issuing of a positive notice as mentioned in subsection 11
(3), or a negative notice as mentioned in subsection (4), this 12
Act, and not the pre-amended Act, applies. 13
`(6) Despite subsection (5), if a negative notice is issued-- 14
(a) the relevant applicant may only apply under section 121 15
of the pre-amended Act for a review of the decision 16
under section 102 of the pre-amended Act; and 17
(b) the pre-amended Act applies to the application for 18
review, the review and any appeal relating to the 19
decision on review. 20
`199 Circumstances, after commencement, in which this 21
Act applies to outstanding relevant application 22
`This Act, and not the pre-amended Act, applies to all matters 23
relating to a relevant application, and any decision relating to 24
the relevant application, if-- 25
(a) a decision under section 102(1) of the pre-amended Act 26
about the relevant application had not been made before 27
17 January 2005; and 28
(b) before the commencement, the commissioner had not 29
issued a prescribed notice to the relevant applicant; and 30
(c) on or after 17 January 2005, police information or 31
disciplinary information about the relevant applicant 32
was received by the commissioner. 33
s 44 32 s 44
Constitutional and Other Legislation Amendment
Bill 2005
`200 Relevant applications dealt with before 1
commencement 2
`(1) This section applies to a relevant application if a decision in 3
relation to the relevant application was made on or after 17 4
January 2005 and before the commencement. 5
`(2) If the commissioner dealt with the relevant application by 6
applying the pre-amended Act, it is declared that-- 7
(a) the relevant application has been validly dealt with by 8
applying the pre-amended Act; and 9
(b) a decision of the commissioner in relation to the relevant 10
application is not invalid only because the decision 11
involved the application of the pre-amended Act; and 12
(c) this Act, and not the pre-amended Act, applies to all 13
matters relating to the decision after the decision is 14
made. 15
`(3) Despite subsection (2)(c), if the decision is to issue a negative 16
notice-- 17
(a) the relevant applicant may only apply under section 121 18
of the pre-amended Act for a review of the decision 19
under section 102 of the pre-amended Act; and 20
(b) the pre-amended Act applies to the application for 21
review, the review and any appeal relating to the 22
decision on review. 23
`(4) If the commissioner dealt with the relevant application by 24
applying the post-amended Act, it is declared that-- 25
(a) the relevant application has been validly dealt with by 26
applying the post-amended Act; and 27
(b) a decision of the commissioner in relation to the relevant 28
application is not invalid only because the decision 29
involved the application of the post-amended Act; and 30
(c) this Act, and not the pre-amended Act, applies to all 31
matters relating to the decision. 32
s 44 33 s 44
Constitutional and Other Legislation Amendment
Bill 2005
`201 Application of ss 122 and 122A in particular 1
circumstances 2
`(1) For the application of sections 122 and 122A14 to a relevant 3
application and the relevant applicant, the relevant application 4
is taken to be an application for a prescribed notice that has 5
not been withdrawn and the relevant applicant is taken not to 6
have withdrawn his or her consent to employment screening 7
under part 6.15 8
`(2) Subsection (1) does not prevent a relevant application from 9
being withdrawn before the commissioner decides the 10
relevant application. 11
`202 Circumstances, after commencement, relating to 12
ss 118 and 119 of pre-amended Act 13
`(1) This section applies if-- 14
(a) before 17 January 2005, the commissioner-- 15
(i) had received an application under section 118(2) of 16
the pre-amended Act to cancel a negative notice (a 17
previous section 118 application); or 18
(ii) had received or otherwise become aware of 19
information that may have allowed the 20
commissioner to exercise a power as mentioned in 21
section 119(1) or (1A) of the pre-amended Act (the 22
previous section 119 power) in relation to a 23
suitability notice; and 24
(b) before the commencement, the commissioner had not 25
decided whether or not to grant the previous section 118 26
application or to exercise the previous section 119 27
power. 28
(2) The pre-amended Act applies in relation to the previous 29
section 118 application or the exercise of the previous section 30
119 power and, subject to subsection (6), the commissioner 31
14 Sections 122 (Commissioner may obtain information from police commissioner)
and 122A (Notice of change in police information about a person)
15 Part 6 (Screening for regulated employment and regulated businesses)
s 44 34 s 44
Constitutional and Other Legislation Amendment
Bill 2005
may grant or refuse the previous section 118 application or 1
exercise or not exercise the previous section 119 power. 2
`(3) After a decision is made about whether or not to grant the 3
previous section 118 application, or to exercise the previous 4
section 119 power, this Act, and not the pre-amended Act, 5
applies. 6
`(4) However, if the decision under subsection (2) is a decision to 7
issue a negative notice to a person, or a decision refusing a 8
person's application to cancel a negative notice-- 9
(a) the person may only apply under section 121 of the 10
pre-amended Act for a review of the decision; and 11
(b) the pre-amended Act applies to the application for 12
review, the review and any appeal relating to the 13
decision on review. 14
`(5) Despite subsections (1) to (4), subsection (6) applies if, on or 15
after 17 January 2005, the commissioner received or receives 16
information that allowed or allows the commissioner to 17
exercise a power as mentioned in section 119(1) or (2) of this 18
Act in relation to a suitability notice-- 19
(a) that is the subject of a previous section 118 application; 20
or 21
(b) to which a previous section 119 power may be 22
exercised. 23
`(6) This Act, and not the pre-amended Act, applies to all matters 24
relating to the suitability notice mentioned in subsection (5). 25
`203 Circumstances, before commencement, relating to 26
ss 118 and 119 of pre-amended Act 27
`(1) If, on or after 17 January 2005 and before the commencement, 28
the commissioner cancelled or refused to cancel a suitability 29
notice, whether under section 118 or 119 of the pre-amended 30
Act or post-amended Act, the cancellation or refusal is 31
declared to have been validly dealt with by applying the 32
pre-amended Act or post-amended Act. 33
`(2) If the cancellation or refusal has been dealt with by applying 34
the pre-amended Act, the cancellation or refusal may only be 35
s 44 35 s 44
Constitutional and Other Legislation Amendment
Bill 2005
reviewed on an application for review under section 121 of the 1
pre-amended Act and the pre-amended Act applies to the 2
application for review, the review and any appeal relating to 3
the decision on review. 4
`(3) Subject to subsection (2), this Act, and not the pre-amended 5
Act, applies to all matters relating to the cancellation or 6
refusal. 7
`204 Circumstances where pre-amended Act applies to 8
application for review made before commencement 9
`(1) If, before the commencement, there was no final decision in 10
relation to a previous application for review, the pre-amended 11
Act applies to the previous application for review, the review 12
and any appeal relating to the decision on review. 13
`(2) If, before the commencement, the tribunal had started to hear 14
a previous application for review but had not made a final 15
decision, the tribunal may, for the purposes of subsection (1), 16
exercise its powers under the Children Services Tribunal Act 17
2000 and issue directions in relation to the previous 18
application for review and the hearing. 19
`(3) If, before the commencement, a final decision in relation to a 20
previous application for review had been made, the 21
pre-amended Act applies to the following-- 22
(a) if, under the Children Services Tribunal Act 2000, 23
section 38(1)(c),16 the tribunal had set aside the 24
commissioner's decision that was the subject of the 25
previous application for review and returned it to the 26
commissioner for reconsideration--the reconsideration; 27
(b) otherwise--any appeal relating to the final decision. 28
`(4) In this section-- 29
final decision means a decision of the tribunal under the 30
Children Services Tribunal Act 2000, section 38. 31
previous application for review means an application to the 32
tribunal for a review of a decision made before 17 January 33
16 Children Services Tribunal Act 2000, section 38 (Powers of tribunal on review)
s 45 36 s 45
Constitutional and Other Legislation Amendment
Bill 2005
2005 to issue a negative notice or to refuse to cancel a 1
negative notice. 2
tribunal means the Children Services Tribunal. 3
`205 Circumstances where this Act applies to notices 4
issued before the commencement 5
`(1) This section applies to each of the following notices-- 6
(a) a suitability notice issued under the pre-amended Act 7
and in force immediately before 17 January 2005; 8
(b) a prescribed notice issued on or after 17 January 2005 9
and before the commencement. 10
`(2) It is declared that this Act applies in relation to the notice 11
unless-- 12
(a) a provision of this division provides that the 13
pre-amended Act applies; or 14
(b) division 7 otherwise provides. 15
`206 References to prescribed notice 16
`It is declared that in an Act or document, a reference to a 17
prescribed notice may, if the context permits, be taken to 18
include a reference to a suitability notice.'. 19
Part 5 Amendments of other 20
legislation 21
Clause 45 Minor and consequential amendments 22
The schedule amends the Acts and regulation mentioned in it. 23
37
Constitutional and Other Legislation Amendment
Bill 2005
Schedule Minor and consequential 1
amendments 2
section 45 3
Anti-Discrimination Act 1991 4
1 Section 106A-- 5
insert-- 6
`(3A) Despite subsection (2), this Act has no effect on the 7
imposition of a compulsory retirement age on a Supreme 8
Court judge or a District Court judge under the Constitution of 9
Queensland 2001, section 60.'. 10
2 Section 106A(3A) and (4)-- 11
renumber as section 106A(4) and (5). 12
Crime and Misconduct Act 2001 13
1 Section 70(1), `section 61'-- 14
omit, insert-- 15
`section 61A'. 16
38
Constitutional and Other Legislation Amendment
Bill 2005
Schedule (continued)
District Court of Queensland Act 1967 1
1 Section 14(1) and (2)-- 2
omit, insert-- 3
`The Constitution of Queensland 2001, section 60, provides 4
for the retirement of judges.'. 5
Justices of the Peace and Commissioners for 6
Declarations Act 1991 7
1 Section 20(1), before paragraph (a)-- 8
insert-- 9
`(aa) take an oath of loyalty and of office in the following 10
form-- 11
"I, , do swear that I will faithfully serve the 12
people and the State of Queensland and I will do right to 13
all manner of people according to law without fear or 14
favour, affection or ill-will. 15
SO HELP ME GOD!"; or'. 16
2 Section 20(1)(a), `and office'-- 17
omit, insert-- 18
`and of office'. 19
39
Constitutional and Other Legislation Amendment
Bill 2005
Schedule (continued)
3 Section 20(1), after paragraph (a)-- 1
insert-- 2
`(ab) make an affirmation of loyalty and of office in the 3
following form-- 4
"I, , do solemnly, sincerely, declare and affirm 5
that I will faithfully serve the people and the State of 6
Queensland and I will do right to all manner of people 7
according to law without fear or favour, affection or 8
ill-will."; or'. 9
4 Section 20(1)(b), `and office'-- 10
omit, insert-- 11
`and of office'. 12
5 Section 20(1)(aa) to (b)-- 13
renumber as section 20(1)(a) to (d). 14
6 Section 20(4), `affirmation of'-- 15
omit, insert-- 16
`affirmation of loyalty,'. 17
Magistrates Act 1991 18
1 Section 11(4), `, other than subsections (9) and (10),'-- 19
omit. 20
40
Constitutional and Other Legislation Amendment
Bill 2005
Schedule (continued)
2 After section 61-- 1
insert-- 2
`Division 5 Transitional provision for 3
Constitutional and Other 4
Legislation Amendment Act 2005 5
`62 Regulation-making power unaffected 6
`The amendment of the Magistrates Regulation 2003 by the 7
Constitutional and Other Legislation Amendment Act 2005 8
does not affect the power of the Governor in Council to 9
further amend the regulation or to repeal it.'. 10
Magistrates Regulation 2003 11
1 Section 3, `section 8'-- 12
omit, insert-- 13
`section 9'. 14
2 Section 3(a), `as follows--'-- 15
omit, insert-- 16
`either of the following-- 17
Oath of loyalty and of office 18
I, ________, swear that I will faithfully serve the people 19
and the State of Queensland in the office of magistrate and 20
that I will treat everyone fairly and without bias according to 21
law--SO HELP ME GOD! 22
Oath of allegiance and of office'. 23
41
Constitutional and Other Legislation Amendment
Bill 2005
Schedule (continued)
3 Section 3(b), `as follows--'-- 1
omit, insert-- 2
`either of the following-- 3
Affirmation of loyalty and of office 4
I, ________, solemnly affirm that I will faithfully serve 5
the people and the State of Queensland in the office of 6
magistrate and that I will treat everyone fairly and without 7
bias according to law. 8
Affirmation of allegiance and of office'. 9
Oaths Act 1867 10
1 Part 2, after section 5A-- 11
insert-- 12
`5B Oath of loyalty may be taken instead of oath of allegiance 13
`(1) If a person is required to or may, whether under an Act or 14
otherwise, take an oath of allegiance, there may be substituted 15
for the oath of allegiance under section 5A an oath of loyalty 16
in the following form-- 17
I, , do sincerely promise and swear that I 18
will faithfully serve the people and the State of Queensland. 19
So help me God!'. 20
`(2) If under an Act a person is required to or may take an oath of 21
loyalty and the Act does not state the form of the oath, the 22
form is that stated in subsection (1).'. 23
42
Constitutional and Other Legislation Amendment
Bill 2005
Schedule (continued)
Supreme Court of Queensland Act 1991 1
1 Section 23(1) and (2)-- 2
omit, insert-- 3
`The Constitution of Queensland 2001, section 60, provides 4
for the retirement of judges.'. 5
© State of Queensland 2005
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