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Queensland
Justice and Other Legislation
Amendment Bill 2004
Queensland
Justice and Other Legislation Amendment
Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Bail Act 1980
4 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Amendment of s 14 (Release of persons apprehended on
making deposit of money as security for appearance) . . . . . . . . . 11
7 Amendment of s 15 (Procedure upon application for bail) . . . . . . 12
8 Amendment of s 16 (Refusal of bail) . . . . . . . . . . . . . . . . . . . . . . 12
Part 3 Amendment of Births, Deaths and Marriages Registration
Act 2003
9 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 Amendment of s 13 (Application to change child's first name
within a year of birth) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Amendment of s 15 (Change of name by registration). . . . . . . . . 14
12 Amendment of s 16 (Application to register change of adult's
name) .......................................... 14
13 Amendment of s 17 (Application to register change of child's
name) ......................................... 14
14 Amendment of s 19 (Registration of change of name) . . . . . . . . . 15
15 Amendment of s 20 (Notation of change of name other than by
registration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Amendment of s 21 (Limit on number of name changes) . . . . . . 15
17 Amendment of s 41 (Registering events in register) . . . . . . . . . . 16
18 Amendment of s 43 (Inquiry to ensure register correct) . . . . . . . . 16
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Justice and Other Legislation Amendment Bill 2004
Part 4 Amendment of Children Services Tribunal Act 2000
19 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
20 Amendment of s 11 (Selection) . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 5 Amendment of Civil Liability Act 2003
21 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
22 Amendment of s 5 (Civil liability excluded from Act). . . . . . . . . . . 17
23 Amendment of s 38 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . 17
24 Amendment of s 39 (Protection of volunteers) . . . . . . . . . . . . . . . 18
25 Insertion of new pt hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 1 Transitional provisions for Act No 16 of 2003'.
26 Insertion of new ch 5, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 2 Transitional provisions for Justice and Other
Legislation Amendment Act 2004
79 Food donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
80 Injuries under the Workers' Compensation and
Rehabilitation Act 2003 . . . . . . . . . . . . . . . . . . . . . . . 19
Part 6 Amendment of Criminal Code
27 Code amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
28 Amendment of s 98C (Bribery). . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 7 Amendment of Criminal Law (Rehabilitation of Offenders)
Act 1986
29 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
30 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 20
31 Amendment of s 10 (Permit to disclose convictions) . . . . . . . . . . 20
32 Insertion of new s 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
14 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 8 Amendment of Criminal Proceeds Confiscation Act 2002
33 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
34 Amendment of s 8 (Proceeding other than for offence is not
criminal proceeding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
35 Amendment of s 29 (Affidavit) . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
36 Insertion of new ss 39A-39D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
39A Time and place of examination. . . . . . . . . . . . . . . . . . 22
39B Examination to take place in private. . . . . . . . . . . . . . 22
39C Role of the examinee's lawyer . . . . . . . . . . . . . . . . . . 22
39D Recording evidence . . . . . . . . . . . . . . . . . . . . . . . . . . 23
37 Amendment of s 104 (Meaning of tainted property) . . . . . . . . . . . 24
38 Insertion of new ss 131A-131D . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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Justice and Other Legislation Amendment Bill 2004
131A Time and place of examination. . . . . . . . . . . . . . . . . . 24
131B Examination to take place in private. . . . . . . . . . . . . . 24
131C Role of the examinee's lawyer . . . . . . . . . . . . . . . . . . 25
131D Recording evidence . . . . . . . . . . . . . . . . . . . . . . . . . . 25
39 Amendment of s 200 (Application for special forfeiture order) . . . 26
40 Amendment of s 220 (Application of proceeds to satisfy order) . . 26
41 Replacement of s 258 (Publication of proceedings) . . . . . . . . . . . 26
258 Publication of proceedings . . . . . . . . . . . . . . . . . . . . . 27
Part 9 Amendment of Drug Rehabilitation (Court Diversion) Act
2000
42 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
43 Amendment of s 47 (Expiry of Act). . . . . . . . . . . . . . . . . . . . . . . . 27
Part 10 Amendment of Guardianship and Administration Act 2000
44 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
45 Amendment of s 18 (Inquiries about appropriateness and
competence) ..................................... 27
46 Amendment of s 26 (Automatic revocation) . . . . . . . . . . . . . . . . . 28
47 Amendment of s 86 (Appointment of president and deputy
presidents) ...................................... 29
48 Amendment of s 90 (Appointment of other tribunal members). . . 29
49 Amendment of s 91 (Selection) . . . . . . . . . . . . . . . . . . . . . . . . . . 29
50 Amendment of s 111 (Use of technology) . . . . . . . . . . . . . . . . . . 29
51 Amendment of s 145E (Mediator must disclose conflict of
interest) ...................................... 29
52 Amendment of sch 2 (Types of matters). . . . . . . . . . . . . . . . . . . . 30
Part 11 Amendment of Jury Act 1995
53 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
54 Amendment of s 70 (Confidentiality of jury deliberations) . . . . . . 30
Part 12 Amendment of Justices Act 1886
55 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
56 Amendment of s 142A (Permissible procedure in absence of
defendant in certain cases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 13 Amendment of Land and Resources Tribunal Act 1999
57 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
58 Amendment of s 27A (Membership of other decision-making
entity) ......................................... 32
59 Amendment of s 39 (General requirements for constituting
tribunal for proceeding). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
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Justice and Other Legislation Amendment Bill 2004
Part 14 Amendment of Land Court Act 2000
60 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
61 Amendment of s 16 (Appointment of president and other
members of Land Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
62 Amendment of s 42 (Retirement of members) . . . . . . . . . . . . . . . 33
Part 15 Amendment of Magistrates Act 1991
63 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
64 Amendment of s 23 (Decisions about constituting Magistrates
Courts) .......................................... 34
Part 16 Amendment of Peace and Good Behaviour Act 1982
65 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
66 Amendment of s 4 (Complaint in respect of breach of the peace) 34
Part 17 Amendment of Penalties and Sentences Act 1992
67 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
68 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 35
69 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 35
70 Amendment of s 15 (Information on sentence) . . . . . . . . . . . . . . 36
71 Amendment of s 57 (Matters to be considered on application) . . 36
72 Amendment of s 67 (Directions under fine option order) . . . . . . . 37
73 Amendment of s 68 (Period mentioned in s 66(2) may be
extended) ...................................... 37
74 Amendment of s 114 (General requirements of intensive
correction order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
75 Amendment of s 128 (Summons or warrant for contravention of
single community based order) . . . . . . . . . . . . . . . . . . . . . . . . . . 38
76 Amendment of s 129 (Summons or warrant for contravention of
multiple orders made by courts of different jurisdictions) . . . . . . . 38
77 Amendment of s 135 (Directions under community based order) 38
78 Amendment of s 154 (Calculation of term of imprisonment) . . . . 39
79 Omission of s 158 (Imprisonment to have effect from arrest). . . . 39
80 Amendment of s 161 (Time held in presentence custody to be
deducted) ........................................ 39
81 Insertion of new s 195A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
195A Failure to perform community service in a satisfactory
way .................................... 42
82 Insertion of new s 197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
197 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
83 Insertion of new s 212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
212 Transitionals for the 2004 amendments--approved
forms and serious violent offences . . . . . . . . . . . . . . . 43
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Justice and Other Legislation Amendment Bill 2004
84 Amendment of sch (Serious violent offences) . . . . . . . . . . . . . . . 44
Part 18 Amendment of Personal Injuries Proceedings Act 2002
85 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
86 Amendment of s 9A (Particular provision for notice of a claim
procedure for medical negligence cases). . . . . . . . . . . . . . . . . . . 45
87 Insertion of new s 77DA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
77DA Validity of s 77D proceedings . . . . . . . . . . . . . . . . . . . 45
Part 19 Amendment of Police Service Administration Act 1990
88 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
89 Amendment of s 10.5 (Liability for tort generally) . . . . . . . . . . . . . 47
Part 20 Amendment of Powers of Attorney Act 1998
90 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
91 Amendment of s 29 (Meaning of eligible attorney) . . . . . . . . . . . . 47
92 Insertion of new s 59AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
59AA Service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
93 Amendment of sch 2 (Types of matters). . . . . . . . . . . . . . . . . . . . 48
94 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 48
Part 21 Amendment of Public Trustee Act 1978
95 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
96 Amendment of s 30 (Election to administer estates under
$100 000 without grant of administration) . . . . . . . . . . . . . . . . . . 48
97 Amendment of s 31 (Appointment of public trustee in the place
of existing personal representative) . . . . . . . . . . . . . . . . . . . . . . . 49
98 Amendment of s 33 (Consequences of election) . . . . . . . . . . . . . 49
99 Amendment of s 35 (Administration of small estates) . . . . . . . . . 49
100 Amendment of s 43 (Legacies or shares of person under a
disability etc. may be paid to public trustee) . . . . . . . . . . . . . . . . . 49
101 Amendment of s 45 (Administration of benefit funds) . . . . . . . . . 49
102 Amendment of s 48 (General powers) . . . . . . . . . . . . . . . . . . . . . 50
103 Amendment of s 51 (Public trustee may hold property to which
mentally incapable beneficiary is entitled) . . . . . . . . . . . . . . . . . . 50
104 Amendment of s 54 (Where residue may be paid to spouse) . . . 50
105 Amendment of s 88 (Disposal of property on death where
value under $50 000) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
106 Amendment of s 104 (Manner in which public trustee may
become administrator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Part 22 Amendment of Regulatory Offences Act 1985
107 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
108 Amendment of s 5 (Unauthorised dealing with shop goods) . . . . 51
6
Justice and Other Legislation Amendment Bill 2004
Part 23 Amendment of Succession Act 1981
109 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
110 Amendment of s 41 (Estate of deceased person liable for
maintenance) ..................................... 51
Part 24 Amendment of Supreme Court Act 1995
111 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
112 Amendment of s 18 (Actions how brought) . . . . . . . . . . . . . . . . . 52
113 Amendment of s 22 (Payment into court in one sum) . . . . . . . . . 52
114 Insertion of new ss 23A-23D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
23A Damages for spouse's benefit in wrongful death
proceeding .............................. 53
23B Damages for child's benefit in wrongful death
proceeding ............................ 54
23C Sections 23A and 23B do not limit . . . . . . . . . . . . . . . 55
23D Transitional provision for Justice and Other
Legislation Amendment Act 2004. . . . . . . . . . . . . . . . 55
Part 25 Amendment of Transport Operations (Road Use
Management) Act 1995
115 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
116 Insertion of new s 131A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
131A Removing absolute disqualification imposed before
13/3/2 .............................. 56
Part 26 Amendment of Trustee Companies Act 1968
117 Act amended in this pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
118 Replacement of s 66B (Restriction on giving guarantees) . . . . . . 57
66B Liability under guarantee . . . . . . . . . . . . . . . . . . . . . . 57
119 Amendment of sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Perpetual Trustees Australia Limited 57
Perpetual Trustees Queensland Limited 57
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Anti-Discrimination Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Bail Act 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Births, Deaths and Marriages Registration Act 2003 . . . . . . . . . . 59
Childrens Court Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . 61
Criminal Offence Victims Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . 61
Criminal Proceeds Confiscation Act 2002 . . . . . . . . . . . . . . . . . . 62
7
Justice and Other Legislation Amendment Bill 2004
Criminal Law Amendment Act 1892 . . . . . . . . . . . . . . . . . . . . . . . 63
Criminal Law (Sexual Offences) Act 1978 . . . . . . . . . . . . . . . . . . 63
Dispute Resolution Centres Act 1990 . . . . . . . . . . . . . . . . . . . . . 63
District Court of Queensland Act 1967. . . . . . . . . . . . . . . . . . . . . 64
Drug Rehabilitation (Court Diversion) Act 2000 . . . . . . . . . . . . . . 64
Evidence Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Financial Transaction Reports Act 1992. . . . . . . . . . . . . . . . . . . . 65
Guardianship and Administration Act 2000 . . . . . . . . . . . . . . . . . 65
Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Jury Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Legal Profession Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Powers of Attorney Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Property Law Act 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Small Claims Tribunals Act 1973 . . . . . . . . . . . . . . . . . . . . . . . . . 67
Succession Act 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Vexatious Litigants Act 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
2004
A Bill
for
An Act to amend legislation administered by the
Attorney-General, and for other purposes
s1 10 s5
Justice and Other Legislation Amendment Bill 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Justice and Other Legislation 4
Amendment Act 2004. 5
Clause 2 Commencement 6
This Act, other than section 6(2),1 commences on a day to be 7
fixed by proclamation. 8
Clause 3 Acts amended in schedule 9
The schedule amends the Acts mentioned in it. 10
Part 2 Amendment of Bail Act 1980 11
Clause 4 Act amended in this pt 12
This part amends the Bail Act 1980. 13
Clause 5 Amendment of s 6 (Definitions) 14
Section 6-- 15
insert-- 16
`community justice group means-- 17
(a) the community justice group established under the 18
Community Services (Aborigines) Act 1984, part 5, 19
1 Section 6(2) will commence on assent, relying on the Acts Interpretation Act 1954,
section 15A (Commencement of Acts on date of assent)
s6 11 s6
Justice and Other Legislation Amendment Bill 2004
division 1, or the Community Services (Torres Strait) Act 1
1984, part 5, division 1, for the community of a 2
defendant who is an Aboriginal or Torres Strait Islander 3
person; or 4
(b) a group of persons within the community of a defendant 5
who is an Aboriginal or Torres Strait Islander person, 6
other than a department of government, that is involved 7
in the provision of any of the following-- 8
(i) information to a court about Aboriginal or Torres 9
Strait Islander offenders; 10
(ii) diversionary, interventionist or rehabilitation 11
activities relating to Aboriginal or Torres Strait 12
Islander offenders; 13
(iii) other activities relating to local justice issues; or 14
(c) a group of persons made up of elders or other respected 15
persons of the defendant's community. 16
defendant's community, in relation to a defendant who is an 17
Aboriginal or Torres Strait Islander person, means the 18
defendant's Aboriginal or Torres Strait Islander community, 19
whether it is-- 20
(a) an urban community; or 21
(b) a rural community; or 22
(c) a community on DOGIT land under the Aboriginal 23
Land Act 1991 or the Torres Strait Islander Land Act 24
1991.'. 25
Clause 6 Amendment of s 14 (Release of persons apprehended on 26
making deposit of money as security for appearance) 27
(1) Section 14(1)(a)(i), before `police establishment'-- 28
insert-- 29
`police station or'. 30
(2) Section 14-- 31
insert-- 32
`(4) Without limiting subsection (3), the bench charge sheet may 33
be forwarded by electronic communication.'. 34
s7 12 s8
Justice and Other Legislation Amendment Bill 2004
Clause 7 Amendment of s 15 (Procedure upon application for bail) 1
Section 15-- 2
insert-- 3
`(f) if the defendant is an Aboriginal or Torres Strait Islander 4
person--the court may receive and take into account any 5
submissions made by a representative of the community 6
justice group in the defendant's community, including, 7
for example, about-- 8
(i) the defendant's relationship to the defendant's 9
community; or 10
(ii) any cultural considerations; or 11
(iii) any considerations relating to programs and 12
services established for offenders in which the 13
community justice group participates. 14
`(2) If required by a court for subsection (1)(f), a representative of 15
the community justice group in the defendant's community 16
must advise the court whether-- 17
(a) any member of the community justice group that is 18
responsible for the submission is related to the 19
defendant or the victim; or 20
(b) there are any circumstances that give rise to a conflict of 21
interest between any member of the community justice 22
group that is responsible for the submission and the 23
defendant or victim.'. 24
Clause 8 Amendment of s 16 (Refusal of bail) 25
(1) Section 16(2)-- 26
insert-- 27
`(e) if the defendant is an Aboriginal or Torres Strait Islander 28
person--any submissions made by a representative of 29
the community justice group in the defendant's 30
community, including, for example, about-- 31
(i) the defendant's relationship to the defendant's 32
community; or 33
(ii) any cultural considerations; or 34
s9 13 s 10
Justice and Other Legislation Amendment Bill 2004
(iii) any considerations relating to programs and 1
services established for offenders in which the 2
community justice group participates.'. 3
(2) Section 16-- 4
insert-- 5
`(6) If required by a court or police officer for subsection (2)(e), a 6
representative of the community justice group in the 7
defendant's community must advise the court or police officer 8
whether-- 9
(a) any member of the community justice group that is 10
responsible for the submission is related to the 11
defendant or the victim; or 12
(b) there are any circumstances that give rise to a conflict of 13
interest between any member of the community justice 14
group that is responsible for the submission and the 15
defendant or victim.'. 16
Part 3 Amendment of Births, Deaths 17
and Marriages Registration Act 18
2003 19
Clause 9 Act amended in this pt 20
This part amends the Births, Deaths and Marriages 21
Registration Act 2003. 22
Clause 10 Amendment of s 13 (Application to change child's first 23
name within a year of birth) 24
(1) Section 13(6) to (8)-- 25
renumber as section 13(7) to (9). 26
(2) Section 13-- 27
insert-- 28
s 11 14 s 13
Justice and Other Legislation Amendment Bill 2004
`(6) The registrar must not approve an application to register a 1
change of a child's first name to a prohibited name.'. 2
Clause 11 Amendment of s 15 (Change of name by registration) 3
Section 15(1), `or by other legal process in another State'-- 4
omit. 5
Clause 12 Amendment of s 16 (Application to register change of 6
adult's name) 7
(1) Section 16(2)-- 8
renumber as section 16(3). 9
(2) Section 16-- 10
insert-- 11
`(2) When deciding whether the person ordinarily resides in 12
Queensland, the registrar may consider-- 13
(a) how long the person has resided in Queensland, and if a 14
regulation prescribes a minimum period of residence, 15
whether the person has resided in Queensland for the 16
minimum period; and 17
(b) whether or not the person is employed in Queensland; 18
and 19
(c) whether or not the person is enrolled on an electoral roll 20
under the Electoral Act 1992; and 21
(d) any other consideration prescribed under a regulation.'. 22
Clause 13 Amendment of s 17 (Application to register change of 23
child's name) 24
(1) Section 17(7)-- 25
renumber as section 17(8). 26
(2) Section 17-- 27
insert-- 28
`(7) When deciding whether the child ordinarily resides in 29
Queensland, the registrar may consider-- 30
s 14 15 s 16
Justice and Other Legislation Amendment Bill 2004
(a) how long the child has resided in Queensland, and if a 1
regulation prescribes a minimum period of residence, 2
whether the child has resided in Queensland for the 3
minimum period; and 4
(b) whether or not the child is employed in Queensland; and 5
(c) any other consideration prescribed under a regulation.'. 6
Clause 14 Amendment of s 19 (Registration of change of name) 7
Section 19-- 8
insert-- 9
`(5) The registrar must note the change of the person's name on 10
the previous entry, if any, for the person in the change of name 11
register. 12
`(6) If an application to register a person's change of name states 13
only 1 name for the person, the name is taken, for this Act, to 14
be the person's surname.'. 15
Clause 15 Amendment of s 20 (Notation of change of name other 16
than by registration) 17
(1) Section 20(10)-- 18
renumber as section 20(11). 19
(2) Section 20-- 20
insert-- 21
`(10) If an application to register a person's change of name states 22
only 1 name for the person, the name is taken, for this Act, to 23
be the person's surname.'. 24
Clause 16 Amendment of s 21 (Limit on number of name changes) 25
Section 21-- 26
insert-- 27
`(4) For subsection (1)(b), the 1 year period runs from when the 28
person's change of name was registered under this Act or 29
under a corresponding law, whichever is later in time.'. 30
s 17 16 s 20
Justice and Other Legislation Amendment Bill 2004
Clause 17 Amendment of s 41 (Registering events in register) 1
Section 41(4)(a), `application and other information,'-- 2
omit, insert-- 3
`the application information that is necessary for the register, 4
and any other information'. 5
Clause 18 Amendment of s 43 (Inquiry to ensure register correct) 6
Section 43-- 7
insert-- 8
`(4) In this section-- 9
registrable event includes any event for which the registrar 10
may be required, under this Act, to record or note in a 11
register.'. 12
Part 4 Amendment of Children 13
Services Tribunal Act 2000 14
Clause 19 Act amended in this pt 15
This part amends the Children Services Tribunal Act 2000. 16
Clause 20 Amendment of s 11 (Selection) 17
Section 11-- 18
insert-- 19
`(4) Despite subsections (1) and (2), a member may be 20
reappointed to office without the vacancy in the office being 21
advertised.'. 22
s 21 17 s 23
Justice and Other Legislation Amendment Bill 2004
Part 5 Amendment of Civil Liability 1
Act 2003 2
Clause 21 Act amended in this pt 3
This part amends the Civil Liability Act 2003. 4
Clause 22 Amendment of s 5 (Civil liability excluded from Act) 5
(1) Section 5(b) and (c)-- 6
renumber as section 5(c) and (d). 7
(2) Section 5-- 8
insert-- 9
`(b) an injury as defined under the Workers' Compensation 10
and Rehabilitation Act 2003, other than an injury to 11
which section 34(1)(c) or 352 of that Act applies; or'. 12
Clause 23 Amendment of s 38 (Interpretation) 13
(1) Section 38(1), definition community work, `cultural 14
purpose'-- 15
omit, insert-- 16
`cultural purpose, and includes making donations of food if 17
the donations are not for private financial gain and are done 18
for a charitable, benevolent, philanthropic, sporting, 19
recreational, political, educational or cultural purpose'. 20
(2) Section 38(1), definition volunteer-- 21
omit, insert-- 22
`volunteer means a person who-- 23
(a) does community work on a voluntary basis; or 24
(b) donates food in the circumstances mentioned in 25
section 39(3).'. 26
2 Workers' Compensation and Rehabilitation Act 2003, section 34 (Injury while at or
after worker attends place of employment) or 35 (Other circumstances)
s 24 18 s 25
Justice and Other Legislation Amendment Bill 2004
Clause 24 Amendment of s 39 (Protection of volunteers) 1
Section 39-- 2
insert-- 3
`(2) A person does not incur any personal civil liability in relation 4
to any act or omission done or made by the person, when 5
donating food in the circumstances mentioned in 6
subsection (3), giving rise to harm resulting from the 7
consumption of the food. 8
`(3) The circumstances are-- 9
(a) that the person donated the food to a community 10
organisation-- 11
(i) in good faith for a charitable, benevolent, 12
philanthropic, sporting, recreational, political, 13
educational or cultural purpose; and 14
(ii) with the intention that the consumer of the food 15
would not have to pay for the food; and 16
(b) that the food was safe to consume at the time it left the 17
person's possession; and 18
(c) if the food was of a nature that required it to be handled 19
in a particular way to remain safe to consume after it left 20
the person's possession--that the person informed the 21
community organisation of the handling requirements; 22
and 23
(d) if the food only remained safe to consume for a 24
particular period of time after it left the person's 25
possession--that the person informed the community 26
organisation of the time limit. 27
`(4) In this section-- 28
possession includes control.'. 29
Clause 25 Insertion of new pt hdg 30
Before section 76-- 31
insert-- 32
s 26 19 s 27
Justice and Other Legislation Amendment Bill 2004
`Part 1 Transitional provisions for Act 1
No 16 of 2003'. 2
Clause 26 Insertion of new ch 5, pt 2 3
After section 78-- 4
insert-- 5
`Part 2 Transitional provisions for 6
Justice and Other Legislation 7
Amendment Act 2004 8
`79 Food donations 9
`Chapter 2, part 3, division 2 applies in relation to persons 10
donating food in circumstances mentioned in section 39(3) 11
only after the commencement of the Justice and Other 12
Legislation Amendment Act 2004, section 23.3'. 13
`80 Injuries under the Workers' Compensation and 14
Rehabilitation Act 2003 15
`Section 5(b) has effect in relation to an injury as defined 16
under the Workers' Compensation and Rehabilitation Act 17
2003, other than an injury to which section 34(1)(c) or 35 of 18
that Act applies, whether the injury happened before, on or 19
after the commencement of this section.'. 20
Part 6 Amendment of Criminal Code 21
Clause 27 Code amended in this pt 22
This part amends the Criminal Code. 23
3 Section 23 (Amendment of s 38 (Interpretation))
s 28 20 s 32
Justice and Other Legislation Amendment Bill 2004
Clause 28 Amendment of s 98C (Bribery) 1
Section 98C(2), `else'-- 2
omit. 3
Part 7 Amendment of Criminal Law 4
(Rehabilitation of Offenders) 5
Act 1986 6
Clause 29 Act amended in this pt 7
This part amends the Criminal Law (Rehabilitation of 8
Offenders) Act 1986. 9
Clause 30 Amendment of s 3 (Interpretation) 10
Section 3(1)-- 11
insert-- 12
`approved form means a form approved under section 14.'. 13
Clause 31 Amendment of s 10 (Permit to disclose convictions) 14
Section 10, `prescribed form and manner'-- 15
omit, insert-- 16
`approved form and the way prescribed under a regulation'. 17
Clause 32 Insertion of new s 14 18
After section 13-- 19
insert-- 20
`14 Approved forms 21
`The chief executive may approve forms for use under this 22
Act.'. 23
s 33 21 s 36
Justice and Other Legislation Amendment Bill 2004
Part 8 Amendment of Criminal 1
Proceeds Confiscation Act 2
2002 3
Clause 33 Act amended in this pt 4
This part amends the Criminal Proceeds Confiscation Act 5
2002. 6
Clause 34 Amendment of s 8 (Proceeding other than for offence is 7
not criminal proceeding) 8
(1) Section 8, heading-- 9
omit, insert-- 10
`8 Proceedings are civil, not criminal'. 11
(2) Section 8-- 12
insert-- 13
`(6) The Uniform Civil Procedure Rules 1999, to the extent that 14
they are not inconsistent with this Act, apply to the 15
proceeding.'. 16
Clause 35 Amendment of s 29 (Affidavit) 17
Section 29(c)-- 18
omit, insert-- 19
`(c) for property mentioned in section 28(3)(b)-- 20
(i) the officer suspects the property is serious crime 21
derived property because of a serious crime related 22
activity of a prescribed respondent, and the reason 23
for the suspicion; or 24
(ii) the officer suspects the property is under the 25
effective control of the prescribed respondent, and 26
the reason for the suspicion; or'. 27
Clause 36 Insertion of new ss 39A-39D 28
After section 39-- 29
s 36 22 s 36
Justice and Other Legislation Amendment Bill 2004
insert-- 1
`39A Time and place of examination 2
`The examination of a person must be conducted at the time 3
and place stated in the examination order. 4
`39B Examination to take place in private 5
`(1) The examination must take place in private. 6
`(2) The court or judicial registrar may give directions about who 7
may be present during the examination, or during a part of it. 8
`(3) These people are entitled to be present at the examination-- 9
(a) a lawyer of the person being examined; and 10
(b) an appropriate officer; and 11
(c) a commission officer; and 12
(d) a lawyer representing an appropriate officer or a 13
commission officer; and 14
(e) any person who is entitled to be present because of a 15
direction under subsection (2). 16
`39C Role of the examinee's lawyer 17
`The lawyer of the person being examined may, at the times 18
during the examination that the court or judicial registrar 19
decides-- 20
(a) address the court or judicial registrar about matters on 21
which the person has been examined; and 22
(b) examine the person about matters on which the person 23
has been examined. 24
s 36 23 s 36
Justice and Other Legislation Amendment Bill 2004
`39D Recording evidence 1
`(1) The court or judicial registrar must ensure that, if practicable, 2
evidence given at an examination in Queensland is recorded 3
under the Recording of Evidence Act 19624 or recorded in 4
another way and authenticated by the court or judicial 5
registrar. 6
`(2) The court or judicial registrar must authenticate and sign any 7
deposition or other recording. 8
`(3) If evidence given at an examination is recorded in a 9
deposition, it must-- 10
(a) contain, in question and answer form, the evidence of 11
the person examined; and 12
(b) be transcribed and read over by or to the person in the 13
court's or judicial registrar's presence and in the 14
presence of the parties who wish to attend; and 15
(c) be signed by the person, or, if the person refuses to sign 16
the deposition, by the court or judicial registrar for the 17
person. 18
`(4) The court or judicial registrar may impose on the person being 19
examined the conditions (if any) that the court or judicial 20
registrar reasonably considers necessary to prevent improper 21
disclosure of the record.'. 22
4 Note the Recording of Evidence Act 1962, section 5--
5 Power to direct recording under this Act
(1) In any legal proceeding in or before any court or judicial person, the court
or judicial person may in its or the judicial person's discretion, with or
without any application for the purpose, direct that any evidence to be
given and any ruling, direction, address, summing up, and other matter in
the legal proceeding (or of any part of the legal proceeding in question) be
recorded--
(a) if a shorthand reporter is available--in shorthand; or
(b) if a mechanical device and a recorder are available--by the
mechanical device; or
(c) if a shorthand reporter, mechanical device, and a recorder are
available--in shorthand or by the mechanical device or partly in
shorthand and partly by the mechanical device.
s 37 24 s 38
Justice and Other Legislation Amendment Bill 2004
Clause 37 Amendment of s 104 (Meaning of tainted property) 1
(1) Section 104(1)(b) and (c), `property derived'-- 2
omit, insert-- 3
`property or another benefit derived'. 4
(2) Section 104-- 5
insert-- 6
`(5) For part 3, property mentioned in subsection (1) includes 7
benefits that the prescribed respondent has derived, is 8
deriving, or is to derive, under a contract formed on or after 12 9
May 1989 about either of the following-- 10
(a) a depiction of a confiscation offence or alleged 11
confiscation offence in a movie, book, newspaper, 12
magazine, radio, or television production, or in any 13
other electronic form, or live or recorded entertainment 14
of any kind; 15
(b) an expression of the prescribed respondent's thoughts, 16
opinions or emotions about a confiscation offence.'. 17
Clause 38 Insertion of new ss 131A-131D 18
After section 131-- 19
insert-- 20
`131A Time and place of examination 21
`The examination of a person must be conducted at the time 22
and place stated in the examination order. 23
`131B Examination to take place in private 24
`(1) The examination must take place in private. 25
`(2) The court or judicial registrar may give directions about who 26
may be present during the examination, or during a part of it. 27
`(3) These people are entitled to be present at the examination-- 28
(a) a lawyer of the person being examined; and 29
(b) an appropriate officer; and 30
(c) a commission officer; and 31
s 38 25 s 38
Justice and Other Legislation Amendment Bill 2004
(d) a police officer; and 1
(e) a lawyer representing an appropriate officer, 2
commission officer or police officer; and 3
(f) any person who is entitled to be present because of a 4
direction under subsection (2). 5
`131C Role of the examinee's lawyer 6
`The lawyer of the person being examined may, at the times 7
during the examination that the court or judicial registrar 8
decides-- 9
(a) address the court or judicial registrar about matters on 10
which the person has been examined; and 11
(b) examine the person about matters on which the person 12
has been examined. 13
`131D Recording evidence 14
`(1) The court or judicial registrar must ensure that, if practicable, 15
evidence given at an examination in Queensland is recorded 16
under the Recording of Evidence Act 19625 or recorded in 17
another way and authenticated by the court or judicial 18
registrar. 19
`(2) The court or judicial registrar must authenticate and sign any 20
deposition or other recording. 21
5 Note the Recording of Evidence Act 1962, section 5--
5 Power to direct recording under this Act
(1) In any legal proceeding in or before any court or judicial person, the court
or judicial person may in its or the judicial person's discretion, with or
without any application for the purpose, direct that any evidence to be
given and any ruling, direction, address, summing up, and other matter in
the legal proceeding (or of any part of the legal proceeding in question) be
recorded--
(a) if a shorthand reporter is available--in shorthand; or
(b) if a mechanical device and a recorder are available--by the
mechanical device; or
(c) if a shorthand reporter, mechanical device, and a recorder are
available--in shorthand or by the mechanical device or partly in
shorthand and partly by the mechanical device.
s 39 26 s 41
Justice and Other Legislation Amendment Bill 2004
`(3) If evidence given at an examination is recorded in a 1
deposition, it must-- 2
(a) contain, in question and answer form, the evidence of 3
the person examined; and 4
(b) be transcribed and read over by or to the person in the 5
court's or judicial registrar's presence and in the 6
presence of the parties who wish to attend; and 7
(c) be signed by the person, or, if the person refuses to sign 8
the deposition, by the court or judicial registrar for the 9
person. 10
`(4) The court or judicial registrar may impose on the person being 11
examined the conditions (if any) that the court or judicial 12
registrar reasonably considers necessary to prevent improper 13
disclosure of the record.'. 14
Clause 39 Amendment of s 200 (Application for special forfeiture 15
order) 16
Section 200(1)(b)(ii), `or alleged confiscation offence'-- 17
omit. 18
Clause 40 Amendment of s 220 (Application of proceeds to satisfy 19
order) 20
Section 220-- 21
insert-- 22
`(2) For subsection (1), proceeds realised from the disposal of the 23
property means the proceeds that remain after all registered or 24
statutory encumbrances over the property have been 25
discharged.'. 26
Clause 41 Replacement of s 258 (Publication of proceedings) 27
Section 258-- 28
omit, insert-- 29
s 42 27 s 45
Justice and Other Legislation Amendment Bill 2004
`258 Publication of proceedings 1
`If a proceeding is started under this Act, the Supreme Court 2
may make the orders it considers appropriate about the 3
publication of any matter arising under this Act.'. 4
Part 9 Amendment of Drug 5
Rehabilitation (Court Diversion) 6
Act 2000 7
Clause 42 Act amended in this pt 8
This part amends the Drug Rehabilitation (Court Diversion) 9
Act 2000. 10
Clause 43 Amendment of s 47 (Expiry of Act) 11
Section 47(1) and (1A)-- 12
omit, insert-- 13
`(1) This Act expires on 31 December 2006.'. 14
Part 10 Amendment of Guardianship 15
and Administration Act 2000 16
Clause 44 Act amended in this pt 17
This part amends the Guardianship and Administration Act 18
2000. 19
Clause 45 Amendment of s 18 (Inquiries about appropriateness and 20
competence) 21
(1) Section 18(1), after `tribunal'-- 22
insert-- 23
s 46 28 s 46
Justice and Other Legislation Amendment Bill 2004
`, or the registrar acting either at the direction of the tribunal 1
or on the registrar's own initiative,'. 2
(2) Section 18(2), after `tribunal'-- 3
insert-- 4
`or registrar'. 5
(3) Section 18-- 6
insert-- 7
`(3) If the registrar makes the inquiries, the registrar must advise 8
the tribunal of the results of the inquiries before the tribunal 9
makes an appointment order.'. 10
Clause 46 Amendment of s 26 (Automatic revocation) 11
(1) Section 26(1)-- 12
insert-- 13
`(aa) the guardian or administrator becomes the service 14
provider for a residential service where the adult is a 15
resident; or'. 16
(2) Section 26(1)-- 17
insert-- 18
`(d) the adult dies.'. 19
(3) Section 26(3), `or (b)'-- 20
omit, insert-- 21
`, (aa), (b) or (d)'. 22
(4) Section 26-- 23
insert-- 24
`(5) In this section-- 25
resident has the meaning given by the Residential Services 26
(Accreditation) Act 2002. 27
residential service has the meaning given by the Residential 28
Services (Accreditation) Act 2002. 29
service provider has the meaning given by the Residential 30
Services (Accreditation) Act 2002.'. 31
s 47 29 s 51
Justice and Other Legislation Amendment Bill 2004
Clause 47 Amendment of s 86 (Appointment of president and 1
deputy presidents) 2
Section 86-- 3
insert-- 4
`(7) The president or a deputy president may be reappointed to 5
office without the vacancy in the office being advertised.'. 6
Clause 48 Amendment of s 90 (Appointment of other tribunal 7
members) 8
Section 90-- 9
insert-- 10
`(6) A member may be reappointed to office without the vacancy 11
in the office being advertised.'. 12
Clause 49 Amendment of s 91 (Selection) 13
Section 91-- 14
insert-- 15
`(3) This section does not apply to the reappointment of a person 16
as the president, a deputy president or other tribunal 17
member.'. 18
Clause 50 Amendment of s 111 (Use of technology) 19
Section 111-- 20
insert-- 21
`(3) This section does not prevent the tribunal receiving evidence 22
that is recorded on audiotape, videotape or another medium.'. 23
Clause 51 Amendment of s 145E (Mediator must disclose conflict of 24
interest) 25
Section 145E(2), `constituted for the proceeding'-- 26
omit. 27
s 52 30 s 54
Justice and Other Legislation Amendment Bill 2004
Clause 52 Amendment of sch 2 (Types of matters) 1
Schedule 2, section 1-- 2
insert-- 3
`(q) withdrawing money from, or depositing money into, the 4
adult's account with a financial institution.'. 5
Part 11 Amendment of Jury Act 1995 6
Clause 53 Act amended in this pt 7
This part amends the Jury Act 1995. 8
Clause 54 Amendment of s 70 (Confidentiality of jury deliberations) 9
(1) Section 70(1)-- 10
omit. 11
(2) Section 70(2), (3), (4) and (7)(b), `confidential information 12
about jury deliberations'-- 13
omit, insert-- 14
`jury information'. 15
(3) Section 70-- 16
insert-- 17
`(12) A former member of a jury may disclose jury information to a 18
health professional who is treating the former member in 19
relation to issues arising out of the former member's service 20
on the jury. 21
`(13) The health professional may ask the former member to 22
disclose jury information for the purpose of treating the 23
former member in relation to issues arising out of the former 24
member's service on the jury. 25
`(14) The health professional must not disclose jury information to 26
anyone else unless the health professional considers it 27
necessary for the health or welfare of the former member. 28
s 54 31 s 54
Justice and Other Legislation Amendment Bill 2004
Maximum penalty--2 years imprisonment. 1
`(15) Subsection (14) does not apply in as far as the health 2
professional discloses information that identifies the health 3
professional's patient to the sheriff for the purpose of the 4
sheriff advising whether the patient was a former member of a 5
jury. 6
`(16) The sheriff may disclose to the health professional 7
information advising whether the patient was a former 8
member of a jury. 9
`(17) In this section-- 10
doctor includes a person registered as a medical practitioner 11
under a law of the Commonwealth, or another State, that 12
corresponds to the Medical Practitioners Registration Act 13
2001. 14
health professional means a person who practices a 15
profession prescribed under a regulation for the definition, 16
and includes a doctor and a psychologist. 17
jury information means-- 18
(a) information about statements made, opinions expressed, 19
arguments advanced, or votes cast, in the course of a 20
jury's deliberations; or 21
(b) information identifying or likely to identify a person as, 22
or as having been, a juror in a particular proceeding. 23
psychologist means a person registered as a psychologist 24
under the Psychologists Registration Act 2001 or under a law 25
of the Commonwealth, or another State, that corresponds to 26
that Act. 27
treat, in relation to a patient of a health professional, means 28
provide a service to the patient in the course of the patient's 29
seeking or receiving advice or treatment.'. 30
s 55 32 s 59
Justice and Other Legislation Amendment Bill 2004
Part 12 Amendment of Justices Act 1
1886 2
Clause 55 Act amended in this pt 3
This part amends the Justices Act 1886. 4
Clause 56 Amendment of s 142A (Permissible procedure in absence 5
of defendant in certain cases) 6
Section 142A-- 7
insert-- 8
`(15) To remove any doubt, it is declared that this section also 9
applies if a person fails to appear before a court after the 10
person is granted bail, or permitted to go at large without bail, 11
under the Bail Act 1980.'. 12
Part 13 Amendment of Land and 13
Resources Tribunal Act 1999 14
Clause 57 Act amended in this pt 15
This part amends the Land and Resources Tribunal Act 1999. 16
Clause 58 Amendment of s 27A (Membership of other 17
decision-making entity) 18
Section 27A(3), definition decision-making entity, `, other 19
than a court,'-- 20
omit. 21
Clause 59 Amendment of s 39 (General requirements for 22
constituting tribunal for proceeding) 23
Section 39(2)-- 24
insert-- 25
s 60 33 s 63
Justice and Other Legislation Amendment Bill 2004
`(ab) 1 or more presiding members and a referee 1
non-presiding member who has been appointed as a 2
mining referee (also a standard panel); or'. 3
Part 14 Amendment of Land Court Act 4
2000 5
Clause 60 Act amended in this pt 6
This part amends the Land Court Act 2000. 7
Clause 61 Amendment of s 16 (Appointment of president and other 8
members of Land Court) 9
Section 16-- 10
insert-- 11
`(7) Despite subsections (2) and (3), a member who, before the 12
end of the member's term of appointment, starts the hearing 13
of a proceeding may remain a member until the proceeding 14
ends.'. 15
Clause 62 Amendment of s 42 (Retirement of members) 16
Section 42(2), `the hearing ends'-- 17
omit, insert-- 18
`the proceeding ends'. 19
Part 15 Amendment of Magistrates Act 20
1991 21
Clause 63 Act amended in this pt 22
This part amends the Magistrates Act 1991. 23
s 64 34 s 66
Justice and Other Legislation Amendment Bill 2004
Clause 64 Amendment of s 23 (Decisions about constituting 1
Magistrates Courts) 2
Section 23-- 3
insert-- 4
`(5) The Chief Magistrate may refer to the advisory committee, for 5
consideration and a transfer recommendation, the question of 6
which magistrate is to constitute a Magistrates Court at a 7
place where the person who was the magistrate has ceased to 8
be a magistrate under section 42.6' 9
Part 16 Amendment of Peace and Good 10
Behaviour Act 1982 11
Clause 65 Act amended in this pt 12
This part amends the Peace and Good Behaviour Act 1982. 13
Clause 66 Amendment of s 4 (Complaint in respect of breach of the 14
peace) 15
(1) Section 4(1), `Upon complaint made before'-- 16
omit, insert-- 17
`A person (the complainant) may make a complaint to'. 18
(2) Section 4(1), from `, the justice, if' to `according to law'-- 19
omit. 20
(3) Section 4(2)-- 21
omit, insert-- 22
`(2) A person (also the complainant) may make a complaint to a 23
justice of the peace that the intentional conduct of a person 24
(also the defendant) directed at the complainant has caused 25
the complainant to fear that the defendant will destroy or 26
damage any property of the complainant. 27
6 Section 42 (Tenure of office)
s 67 35 s 69
Justice and Other Legislation Amendment Bill 2004
`(2A) If the matter of a complaint under subsection (1) or (2) is 1
substantiated to the justice's satisfaction, and the justice 2
considers it is reasonable in the circumstances for the 3
complainant to have the fear mentioned in the subsection, the 4
justice may issue-- 5
(a) a summons directed to the defendant requiring the 6
defendant to appear at a stated time and place before a 7
Magistrates Court; or 8
(b) a warrant to apprehend the defendant and to cause the 9
defendant to be brought before a Magistrates Court; 10
to answer the complaint and to be further dealt with according 11
to law.'. 12
(4) Section 4(3), before `(2)'-- 13
insert-- 14
`(1) or'. 15
Part 17 Amendment of Penalties and 16
Sentences Act 1992 17
Clause 67 Act amended in this pt 18
This part amends the Penalties and Sentences Act 1992. 19
Clause 68 Amendment of s 4 (Definitions) 20
Section 4, definition approved form, `(corrective services)'-- 21
omit. 22
Clause 69 Amendment of s 9 (Sentencing guidelines) 23
Section 9(2)(n), `a report'-- 24
omit, insert-- 25
`an oral or written report'. 26
s 70 36 s 71
Justice and Other Legislation Amendment Bill 2004
Clause 70 Amendment of s 15 (Information on sentence) 1
Section 15-- 2
insert-- 3
`(2) An authorised corrective services officer must not, in any 4
information or report, recommend that a fine option order or 5
community based order should not be made for an offender 6
merely because of-- 7
(a) any physical, intellectual or psychiatric disability of the 8
offender; or 9
(b) the offender's sex, educational level or religious 10
beliefs.'. 11
Clause 71 Amendment of s 57 (Matters to be considered on 12
application) 13
(1) Section 57-- 14
insert-- 15
`(1A) The fact that an offender's only source of income is a social 16
security or veteran's pension, benefit or allowance from the 17
Commonwealth is a ground on which a court may be satisfied 18
that the offender or the offender's family would suffer 19
economic hardship if the offender were to pay the fine in 20
accordance with the original order. 21
`(1B) In considering an application for a fine option order, a court or 22
proper officer of the court must have regard to the principle 23
that an offender should not be considered to be unsuitable to 24
perform community service merely because of-- 25
(a) any physical, intellectual or psychiatric disability of the 26
offender; or 27
(b) the offender's sex, educational level or religious beliefs. 28
`(1C) Subsection (1B) does not limit the matters to which the court 29
or proper officer of the court may have regard.'. 30
(2) Section 57-- 31
insert-- 32
`(2A) An authorised corrective services officer must not, in any 33
information, notification or report, recommend that a fine 34
s 72 37 s 73
Justice and Other Legislation Amendment Bill 2004
option order or community based order should not be made 1
for an offender merely because of-- 2
(a) any physical, intellectual or psychiatric disability of the 3
offender; or 4
(b) the offender's sex, educational level or religious 5
beliefs.'. 6
Clause 72 Amendment of s 67 (Directions under fine option order) 7
Section 67-- 8
insert-- 9
`(2) A direction given under a fine option order may be given 10
orally or in writing. 11
`(3) An offender must not be given a direction under a fine option 12
order to perform more than 8 hours community service on any 13
day. 14
`(4) However, if the offender consents and an authorised corrective 15
services officer approves, the offender may perform more than 16
8 hours community service in a day. 17
`(5) In performing community service, the offender must be 18
allowed reasonable rest and meal breaks.'. 19
Clause 73 Amendment of s 68 (Period mentioned in s 66(2) may be 20
extended) 21
(1) Section 68(1)(b)-- 22
omit, insert-- 23
`(b) by the proper officer of the court under section 24
74(7)(a).'. 25
(2) Section 68-- 26
insert-- 27
`(5) If the 1 year or other time is extended, the court or proper 28
officer of the court that makes the extension must notify the 29
chief executive (corrective services) and the offender of the 30
extension in the approved form.'. 31
s 74 38 s 77
Justice and Other Legislation Amendment Bill 2004
Clause 74 Amendment of s 114 (General requirements of intensive 1
correction order) 2
Section 114-- 3
insert-- 4
`(2A) Unless the court or an authorised corrective services officer 5
otherwise directs, the offender must-- 6
(a) attend programs for one-third of the time directed; and 7
(b) perform community service for two-thirds of the time 8
directed.'. 9
Clause 75 Amendment of s 128 (Summons or warrant for 10
contravention of single community based order) 11
Section 128-- 12
insert-- 13
`(5) If a summons or warrant is issued, the complainant must 14
immediately forward the complaint to the court before which 15
the offender is required or directed to appear or to be brought 16
under the summons or warrant.'. 17
Clause 76 Amendment of s 129 (Summons or warrant for 18
contravention of multiple orders made by courts of 19
different jurisdictions) 20
Section 129-- 21
insert-- 22
`(5) If a summons or warrant is issued, the complainant must 23
immediately forward the complaint to the court before which 24
the offender is required or directed to appear or to be brought 25
under the summons or warrant.'. 26
Clause 77 Amendment of s 135 (Directions under community based 27
order) 28
Section 135-- 29
insert-- 30
s 78 39 s 80
Justice and Other Legislation Amendment Bill 2004
`(2) A direction given under a community based order may be 1
given orally or in writing. 2
`(3) An offender must not be given a direction under a community 3
based order to perform more than 8 hours community service 4
on any day. 5
`(4) However, if the offender consents and an authorised corrective 6
services officer approves, the offender may perform more than 7
8 hours community service in a day. 8
`(5) In performing community service, the offender must be 9
allowed reasonable rest and meal breaks.'. 10
Clause 78 Amendment of s 154 (Calculation of term of 11
imprisonment) 12
(1) Section 154, before `section 158'-- 13
insert-- 14
`the repealed'. 15
(2) Section 154-- 16
insert-- 17
`(2) In this section-- 18
repealed section 158 means section 158 as in force 19
immediately before it was repealed by the Justice and Other 20
Legislation Amendment Act 2004.'. 21
Clause 79 Omission of s 158 (Imprisonment to have effect from 22
arrest) 23
Section 158-- 24
omit. 25
Clause 80 Amendment of s 161 (Time held in presentence custody 26
to be deducted) 27
(1) Section 161(3), `the sentencing court must'-- 28
omit, insert-- 29
s 80 40 s 80
Justice and Other Legislation Amendment Bill 2004
`and the court has not made an order mentioned in subsection 1
(3A), the sentencing court must, as part of the sentencing 2
order'. 3
(2) Section 161(3)(d) and (e)-- 4
omit. 5
(3) Section 161-- 6
insert-- 7
`(3A) Subsection (3B) applies if-- 8
(a) an offender was held in custody in circumstances to 9
which subsection (1) applies (presentence custody); and 10
(b) the sentencing court orders that the time, or part of the 11
time, the offender was held in custody is not to be taken 12
to be imprisonment already served under the sentence. 13
`(3B) The sentencing court must, as part of the sentencing order-- 14
(a) state the dates between which the offender was held in 15
presentence custody; and 16
(b) calculate the time that the offender was held in 17
presentence custody; and 18
(c) declare the part of the time that is taken to be 19
imprisonment already served under the sentence or 20
declare that no time is taken to be imprisonment already 21
served under the sentence. 22
`(3C) If an offender was held in presentence custody and the 23
sentencing court makes a declaration under subsection (3)(c) 24
or (3B)(c), the sentencing court must cause the chief executive 25
(corrective services) to be advised in writing of the declaration 26
and its details.'. 27
(4) Section 161(4)-- 28
omit, insert-- 29
`(4) If-- 30
(a) an offender is charged with a number of offences 31
committed on different occasions; and 32
(b) the offender has been in custody since arrest on charges 33
of the offences and for no other reason; 34
s 80 41 s 80
Justice and Other Legislation Amendment Bill 2004
the time held in presentence custody must be taken, for the 1
purposes of subsection (1), to start when the offender was first 2
arrested on any of those charges, even if the offender is not 3
convicted of the offence for which the offender was first 4
arrested or any 1 or more of the number of offences with 5
which the offender is charged. 6
`(4A) To help the sentencing court for the purposes of subsections 7
(3) and (3B), the prosecuting authority must give to the court a 8
presentence custody certificate.'. 9
(5) Section 161(6)-- 10
omit, insert-- 11
`(6) An application for a declaration under subsection (3), (3B) or 12
(5) may be made by-- 13
(a) the offender; or 14
(b) the prosecuting authority; or 15
(c) the offender and the prosecuting authority jointly. 16
`(7) If an application for a declaration under subsection (5) is 17
made by the offender and the prosecuting authority jointly, the 18
sentencing court may make the declaration having regard to 19
written materials and submissions before it and without 20
requiring the attendance of the parties. 21
`(8) Subsection (7) applies only if-- 22
(a) the parties propose in the joint application that the 23
declaration be made having regard to written materials 24
and submissions before the court and without the 25
attendance of the parties; and 26
(b) the application is accompanied by a draft order and 27
written submission in support. 28
`(9) If the sentencing court decides that the application is 29
inappropriate for decision without an oral hearing, the court-- 30
(a) must immediately notify the parties to the application of 31
the decision by telephone or in some other way; and 32
(b) may set a date for hearing. 33
`(10) In this section-- 34
s 81 42 s 81
Justice and Other Legislation Amendment Bill 2004
presentence custody certificate means a certificate, in the 1
approved form, signed by the chief executive (corrective 2
services) or an authorised corrective services officer, that-- 3
(a) states the offence or offences for which the offender was 4
held in custody; and 5
(b) states the dates between which the offender was held in 6
custody for each of those offences; and 7
(c) calculates the time that the offender was held in custody. 8
proceedings for the offence includes proceedings that relate 9
to the same, or same set of, circumstances as those giving rise 10
to the charging of the offence. 11
prosecuting authority means-- 12
(a) if the sentencing court is the Supreme Court or a District 13
Court--the director of public prosecutions; or 14
(b) if the sentencing court is a Magistrates Court--the 15
prosecutor.'. 16
Clause 81 Insertion of new s 195A 17
After section 195-- 18
insert-- 19
`195A Failure to perform community service in a satisfactory 20
way 21
`(1) For the purposes of sections 66(1)(b), 103(1)(d) and 22
114(1)(e), an offender is taken not to perform community 23
service in a satisfactory way if the offender-- 24
(a) reports to perform community service under the 25
influence of intoxicating liquor or a dangerous drug; or 26
(b) is under the influence of intoxicating liquor or a 27
dangerous drug while performing community service; 28
or 29
(c) unlawfully damages-- 30
(i) anything supplied to the offender for the purpose 31
of performing community service; or 32
s 82 43 s 83
Justice and Other Legislation Amendment Bill 2004
(ii) property in relation to which the offender is 1
required to perform community service. 2
`(2) Subsection (1) does not limit the circumstances in which an 3
offender does not perform community service in a satisfactory 4
way. 5
`(3) In this section-- 6
dangerous drug means a dangerous drug within the meaning 7
of the Drugs Misuse Act 1986.'. 8
Clause 82 Insertion of new s 197 9
After section 196-- 10
insert-- 11
`197 Forms 12
`The chief executive may approve forms for use under this 13
Act.'. 14
Clause 83 Insertion of new s 212 15
After section 211-- 16
insert-- 17
`212 Transitionals for the 2004 amendments--approved 18
forms and serious violent offences 19
`(1) A form approved by the chief executive (corrective services) 20
for a purpose under this Act, and in force immediately before 21
section 4 was amended by the 2004 Amendment Act, 22
continues as the approved form for the purpose under this Act 23
after the amendment. 24
`(2) The amendment of section 161 by the 2004 Amendment Act 25
applies in relation to a declaration to be made under section 26
161(3)(c) or (3B)(c) after the commencement of the 27
amendment-- 28
(a) whether the offences were committed before or after the 29
commencement of the amendment; and 30
(b) whether the offender was convicted of the offences 31
before or after the commencement of the amendment. 32
s 84 44 s 84
Justice and Other Legislation Amendment Bill 2004
`(3) The amendment of the schedule by the 2004 Amendment Act 1
applies for the purposes of sections 161A to 161C-- 2
(a) whether the offences were committed before or after the 3
commencement of the amendment; and 4
(b) whether the offender was convicted of the offences 5
before or after the commencement of the amendment. 6
`(4) In this section-- 7
2004 Amendment Act means the Justice and Other 8
Legislation Amendment Act 2004.'. 9
Clause 84 Amendment of sch (Serious violent offences) 10
(1) Schedule, entry for Criminal Code, item 1-- 11
omit. 12
(2) Schedule, entry for Criminal Code-- 13
insert-- 14
`12A. Section 219 (Taking child for immoral purposes) 15
16A. Section 309 (Conspiring to murder) 16
40A. Section 364 (Cruelty to children under 16) 17
43A. Section 417A (Taking control of aircraft)'. 18
(3) Schedule, entry for Criminal Code, item 44-- 19
omit, insert-- 20
`Section 419(1), if section 419(3)(b)(i) or (ii) applies'. 21
(4) Schedule, entry for Criminal Code, item 45-- 22
omit. 23
s 85 45 s 87
Justice and Other Legislation Amendment Bill 2004
Part 18 Amendment of Personal 1
Injuries Proceedings Act 2002 2
Clause 85 Act amended in this pt 3
This part amends the Personal Injuries Proceedings Act 2002. 4
Clause 86 Amendment of s 9A (Particular provision for notice of a 5
claim procedure for medical negligence cases) 6
Section 9A-- 7
insert-- 8
`(6A) If an initial notice, given after the commencement of this 9
subsection, is not given within the period prescribed under 10
subsection (4), the claimant is taken to have a reasonable 11
excuse for subsection (6) if the claimant-- 12
(a) has made a complaint about the person against whom 13
the proceeding is proposed to be started to the Health 14
Rights Commissioner under the Health Rights 15
Commission Act 1991 within the period prescribed for 16
making a complaint under that Act; and 17
(b) gives the initial notice to the person as soon as 18
practicable after the complaint is finalised under the 19
Health Rights Commission Act 1991.'. 20
Clause 87 Insertion of new s 77DA 21
After section 77D-- 22
insert-- 23
`77DA Validity of s 77D proceedings 24
`(1) This section applies to a proceeding for a personal injury in 25
relation to which section 77D applies. 26
`(2) It is declared that the proceeding was validly started, and is 27
taken to have always been validly started, under 28
section 77D(2) if-- 29
s 88 46 s 88
Justice and Other Legislation Amendment Bill 2004
(a) for a proceeding started on or before 18 June 2003--a 1
complying notice of claim was given before the 2
proceedings were started; or 3
(b) for a proceeding started after 18 June 2003 but not later 4
than the end of 18 December 2003-- 5
(i) a complying notice of claim was given within 6 6
months before the proceeding was started; and 7
(ii) the court's leave under that provision was given 8
before the proceeding was started. 9
`(3) To remove any doubt, it is further declared that-- 10
(a) section 77D(2)(a) or (b) does not require 6 months to 11
have elapsed between the giving of the complying 12
notice of claim and the start of the proceeding; and 13
(b) for the purposes of section 77D(2)(b)-- 14
(i) the complying notice of claim may have been 15
given before, on or after 18 June 2003; and 16
(ii) a court had power to grant leave under that 17
provision if a complying notice of claim was given 18
at any time within 6 months before the proceeding 19
was started. 20
`(4) Subsections (2) and (3) apply to a proceeding despite any 21
decision of a court to the contrary in relation to the 22
proceeding.'. 23
Part 19 Amendment of Police Service 24
Administration Act 1990 25
Clause 88 Act amended in this pt 26
This part amends the Police Service Administration Act 1990. 27
s 89 47 s 92
Justice and Other Legislation Amendment Bill 2004
Clause 89 Amendment of s 10.5 (Liability for tort generally) 1
Section 10.5(3), `by the Crown as constituting contributory 2
negligence'-- 3
omit, insert-- 4
`as constituting contributory negligence by the Crown'. 5
Part 20 Amendment of Powers of 6
Attorney Act 1998 7
Clause 90 Act amended in this pt 8
This part amends the Powers of Attorney Act 1998. 9
Clause 91 Amendment of s 29 (Meaning of eligible attorney) 10
(1) Section 29(1)(a)(iii)-- 11
renumber as section 29(1)(a)(iv). 12
(2) Section 29(1)(a)-- 13
insert-- 14
`(iii) not a service provider for a residential service 15
where the principal is a resident; and'. 16
Clause 92 Insertion of new s 59AA 17
After section 59-- 18
insert-- 19
`59AA Service provider 20
`If the attorney becomes the service provider for a residential 21
service where the principal is a resident, the enduring 22
document is revoked to the extent it gives power to the 23
attorney.'. 24
s 93 48 s 96
Justice and Other Legislation Amendment Bill 2004
Clause 93 Amendment of sch 2 (Types of matters) 1
Schedule 2, section 1-- 2
insert-- 3
`(q) withdrawing money from, or depositing money into, the 4
principal's account with a financial institution.'. 5
Clause 94 Amendment of sch 3 (Dictionary) 6
Schedule 3-- 7
insert-- 8
`resident has the meaning given by the Residential Services 9
(Accreditation) Act 2002. 10
residential service has the meaning given by the Residential 11
Services (Accreditation) Act 2002. 12
service provider has the meaning given by the Residential 13
Services (Accreditation) Act 2002.'. 14
Part 21 Amendment of Public Trustee 15
Act 1978 16
Clause 95 Act amended in this pt 17
This part amends the Public Trustee Act 1978. 18
Clause 96 Amendment of s 30 (Election to administer estates under 19
$100 000 without grant of administration) 20
(1) Section 30, heading, `$100 000'-- 21
omit, insert-- 22
`$150 000'. 23
(2) Section 30(1) and (2), `$100 000'-- 24
omit, insert-- 25
`$150 000'. 26
s 97 49 s 101
Justice and Other Legislation Amendment Bill 2004
Clause 97 Amendment of s 31 (Appointment of public trustee in the 1
place of existing personal representative) 2
Section 31(2A), `$100 000'-- 3
omit, insert-- 4
`$150 000'. 5
Clause 98 Amendment of s 33 (Consequences of election) 6
Section 33(2), `$120 000'-- 7
omit, insert-- 8
`$180 000'. 9
Clause 99 Amendment of s 35 (Administration of small estates) 10
Section 35, `$50 000'-- 11
omit, insert-- 12
`$75 000'. 13
Clause 100 Amendment of s 43 (Legacies or shares of person under 14
a disability etc. may be paid to public trustee) 15
Section 43(2), `$50 000'-- 16
omit, insert-- 17
`$75 000'. 18
Clause 101 Amendment of s 45 (Administration of benefit funds) 19
(1) Section 45(5)(a), `$50 000'-- 20
omit, insert-- 21
`$75 000'. 22
(2) Section 45(5)(b), `$25 000'-- 23
omit, insert-- 24
`$40 000'. 25
s 102 50 s 106
Justice and Other Legislation Amendment Bill 2004
Clause 102 Amendment of s 48 (General powers) 1
Section 48(b), `$50 000'-- 2
omit, insert-- 3
`$75 000'. 4
Clause 103 Amendment of s 51 (Public trustee may hold property to 5
which mentally incapable beneficiary is entitled) 6
Section 51, `$50 000'-- 7
omit, insert-- 8
`$75 000'. 9
Clause 104 Amendment of s 54 (Where residue may be paid to 10
spouse) 11
Section 54(1), `$20 000'-- 12
omit, insert-- 13
`$30 000'. 14
Clause 105 Amendment of s 88 (Disposal of property on death where 15
value under $50 000) 16
(1) Section 88, heading, `$50 000'-- 17
omit, insert-- 18
`$75 000'. 19
(2) Section 88(1)(c), `$50 000'-- 20
omit, insert-- 21
`$75 000'. 22
Clause 106 Amendment of s 104 (Manner in which public trustee may 23
become administrator) 24
(1) Section 104(2), `$50 000'-- 25
omit, insert-- 26
`$75 000'. 27
s 107 51 s 110
Justice and Other Legislation Amendment Bill 2004
(2) Section 104(3B), `$2 000'-- 1
omit, insert-- 2
`$3 000'. 3
Part 22 Amendment of Regulatory 4
Offences Act 1985 5
Clause 107 Act amended in this pt 6
This part amends the Regulatory Offences Act 1985. 7
Clause 108 Amendment of s 5 (Unauthorised dealing with shop 8
goods) 9
Section 5-- 10
insert-- 11
`(1A) Without limiting subsection (1)(b), a price may be shown on 12
goods by a bar code or a similar device.'. 13
Part 23 Amendment of Succession Act 14
1981 15
Clause 109 Act amended in this pt 16
This part amends the Succession Act 1981. 17
Clause 110 Amendment of s 41 (Estate of deceased person liable for 18
maintenance) 19
Section 41(7), after `person under a legal incapacity'-- 20
insert-- 21
`, may apply on behalf of a person under a legal incapacity'. 22
s 111 52 s 113
Justice and Other Legislation Amendment Bill 2004
Part 24 Amendment of Supreme Court 1
Act 1995 2
Clause 111 Act amended in this pt 3
This part amends the Supreme Court Act 1995. 4
Clause 112 Amendment of s 18 (Actions how brought) 5
(1) Section 18(1), `the jury may'-- 6
omit, insert-- 7
`the court may'. 8
(2) Section 18(1), `as they may'-- 9
omit, insert-- 10
`as the court may'. 11
(3) Section 18(1), `the jury by their verdict'-- 12
omit, insert-- 13
`the court'. 14
Clause 113 Amendment of s 22 (Payment into court in one sum) 15
(1) Section 22(1), `the jury'-- 16
omit, insert-- 17
`the court'. 18
(2) Section 22(2), `the jury think'-- 19
omit, insert-- 20
`the court thinks'. 21
(3) Section 22(2), `to the verdict'-- 22
omit, insert-- 23
`to the court's decision'. 24
s 114 53 s 114
Justice and Other Legislation Amendment Bill 2004
Clause 114 Insertion of new ss 23A-23D 1
Part 4, division 5, after section 23-- 2
insert-- 3
`23A Damages for spouse's benefit in wrongful death 4
proceeding 5
`(1) This section applies if, in a proceeding under this division, a 6
court is assessing damages in relation to financial benefits lost 7
by a spouse of the deceased person as a result of the deceased 8
person's death. 9
`(2) The court must not take into account any financial benefits 10
that the spouse may receive as a result of a new relationship 11
that the spouse may enter into after the assessment. 12
`(3) Subsection (2) applies even if the spouse intends to enter into 13
a new relationship. 14
`(4) However, if the spouse has entered into a new relationship 15
since the deceased person's death, the court may take into 16
account any financial benefits that the spouse has received, 17
and any financial benefits that the spouse is likely to receive, 18
as a result of the new relationship. 19
`(5) Subsection (4) applies even if the new relationship ends 20
before the assessment. 21
`(6) In considering what financial benefits the spouse is likely to 22
receive as a result of the new relationship, the court must not 23
assume-- 24
(a) that the new relationship will necessarily continue; or 25
(b) that the spouse will necessarily continue to receive the 26
same financial benefits as a result of the new 27
relationship as the spouse has already received as a 28
result of the new relationship. 29
`(7) In this section-- 30
financial benefits means either or both of the following-- 31
(a) monetary benefits; 32
(b) other material benefits having a monetary value, 33
including, for example, domestic services. 34
relationship means-- 35
s 114 54 s 114
Justice and Other Legislation Amendment Bill 2004
(a) a marriage; or 1
(b) a de facto relationship within the meaning of the Acts 2
Interpretation Act 1954, section 36. 3
spouse, of a deceased person, includes a de facto partner of 4
the deceased person only if section 18(2) is satisfied in 5
relation to the de facto partner. 6
`23B Damages for child's benefit in wrongful death 7
proceeding 8
`(1) This section applies if-- 9
(a) in a proceeding under this division, a court is assessing 10
damages in relation to financial benefits lost by a child 11
of the deceased person as a result of the deceased 12
person's death; and 13
(b) the deceased person predeceases another parent of the 14
child (the surviving parent). 15
`(2) If there was a relationship between the deceased person and 16
the surviving parent immediately before the deceased person's 17
death, it is irrelevant to the assessment whether or not the 18
relationship would have continued apart from the death. 19
`(3) If there was a relationship between the deceased person and 20
the surviving parent that ended before the deceased person's 21
death, it is irrelevant to the assessment that the relationship 22
ended before the death. 23
`(4) In assessing damages, the court must not take into account any 24
financial benefits that the child has received, or may receive, 25
from any person other than the deceased person, including any 26
financial benefits that the child has received, or may receive, 27
as a result of-- 28
(a) a new relationship that the surviving parent may enter 29
into after the assessment; or 30
(b) a new relationship entered into by the surviving parent 31
since the death of the deceased person. 32
`(5) In this section-- 33
s 115 55 s 116
Justice and Other Legislation Amendment Bill 2004
financial benefits see section 23A. 1
relationship see section 23A. 2
`23C Sections 23A and 23B do not limit 3
`Sections 23A and 23B apply without limiting-- 4
(a) the other matters the court must or may take into 5
account in assessing damages; or 6
(b) the other matters the court must not or may not take into 7
account in assessing damages. 8
`23D Transitional provision for Justice and Other 9
Legislation Amendment Act 2004 10
`(1) Sections 23A and 23B apply if, after the commencement of 11
this section, the court assesses damages in a proceeding under 12
this division in relation to a person's death. 13
`(2) It does not matter whether the proceeding was started before 14
the commencement of this section.'. 15
Part 25 Amendment of Transport 16
Operations (Road Use 17
Management) Act 1995 18
Clause 115 Act amended in this pt 19
This part amends the Transport Operations (Road Use 20
Management) Act 1995. 21
Clause 116 Insertion of new s 131A 22
After section 131-- 23
insert-- 24
s 116 56 s 116
Justice and Other Legislation Amendment Bill 2004
`131A Removing absolute disqualification imposed before 1
13/3/2 2
`(1) This section applies to a person who was absolutely 3
disqualified from holding or obtaining a Queensland driver 4
licence under section 78 before 13 March 2002. 5
`(2) The person may, at any time after the expiration of 5 years 6
from the start of the disqualification, apply to the chief 7
executive to remove the disqualification. 8
`(3) When deciding whether to remove the disqualification, the 9
chief executive may consider-- 10
(a) whether any demerit points have been recorded on the 11
person's traffic history in the 2 years immediately before 12
the person applies to the chief executive; and 13
(b) whether the person has been disqualified from holding 14
or obtaining an Australian driver licence since the 15
disqualification that the person is applying to the chief 16
executive to remove. 17
`(4) The chief executive may decide-- 18
(a) to remove the disqualification from a certain date; or 19
(b) to refuse to remove the disqualification. 20
`(5) The chief executive must inform the person of the chief 21
executive's decision by written notice. 22
`(6) If the chief executive refuses to remove the disqualification, 23
the person must wait at least 1 year after the date of the chief 24
executive's written notice before-- 25
(a) reapplying to the chief executive, under this section, to 26
remove the disqualification; or 27
(b) applying to a court, under section 131, to remove the 28
disqualification.'. 29
s 117 57 s 119
Justice and Other Legislation Amendment Bill 2004
Part 26 Amendment of Trustee 1
Companies Act 1968 2
Clause 117 Act amended in this pt 3
This part amends the Trustee Companies Act 1968. 4
Clause 118 Replacement of s 66B (Restriction on giving guarantees) 5
Section 66B-- 6
omit, insert-- 7
`66B Liability under guarantee 8
`An estate administered or managed by a trustee company is 9
not liable for the payment of money under a guarantee from 10
the trustee company unless the guarantee is lawfully given by 11
the trustee company on behalf of the estate.'. 12
Clause 119 Amendment of sch 2 13
Schedule 2, part 2, entries for Perpetual Trustees Australia 14
Limited and Perpetual Trustees Queensland Limited -- 15
omit, insert-- 16
`Perpetual Trustees Australia Limited 17
`(1) The paid-up capital of the company must be at least 18
$2 000 000. 19
`(2) A member must not be the beneficial holder of more than 10% 20
of the capital of the company from time to time on issue. 21
`Perpetual Trustees Queensland Limited 22
`(1) The paid-up capital of the company must be at least 23
$2 000 000. 24
`(2) A member, other than Perpetual Trustees Australia Limited, 25
must not be the beneficial holder of more than 10% of the 26
capital of the company from time to time on issue.'. 27
58
Justice and Other Legislation Amendment Bill 2004
Schedule Minor amendments 1
section 3 2
Anti-Discrimination Act 1991 3
1 Section 181(2)(c), `tribunal'-- 4
omit, insert-- 5
`tribunal,'. 6
2 Section 236H-- 7
renumber as section 263H. 8
Bail Act 1980 9
1 Schedule, from `Offences defined in'-- 10
omit, insert-- 11
`Offences defined in-- 12
· Racing Act 2002, section 321, 323 or 325 7
13
· Racing and Betting Act 1980, sections 214, 216, 217 14
and 2198 15
7 Racing Act 2002, section 321 (Unlawful bookmaking other than by racing
bookmakers etc.), 323 (Prohibition on opening, keeping, using or promoting an
illegal betting place) or 325 (Using an illegal betting place)
8 Racing and Betting Act 1980, sections 214 (Unlawful bookmaking by persons other
than racing bookmakers etc.), 216 (Prohibition of opening, keeping or using a
common betting house), 217 (Possession of instrument of betting) and
219 (Resorting to common betting house prohibited)
59
Justice and Other Legislation Amendment Bill 2004
Schedule (continued)
· Transport Operations (Road Use Management) Act 1
1995, section 79.9'. 2
Births, Deaths and Marriages Registration Act 2003 3
1 Section 44(5), after `A certificate must'-- 4
insert-- 5
`state'. 6
2 Section 44(5)(a), `state'-- 7
omit. 8
3 Part 10, heading, `and consequential amendments'-- 9
omit. 10
Childrens Court Act 1992 11
1 Section 26(2), `District Court Act 1967'-- 12
omit, insert-- 13
`District Court of Queensland Act 1967'. 14
9 Transport Operations (Road Use Management) Act 1995, section 79 (Driving etc.
whilst under influence of liquor or drugs or with prescribed concentration of alcohol
in blood or breath)
60
Justice and Other Legislation Amendment Bill 2004
Schedule (continued)
Coroners Act 2003 1
1 Section 10(2), definition custody, paragraph (d), `section 2
41, 43, 120 or 121' and footnote-- 3
omit, insert-- 4
`section 54, 56, 175 or 176'. 5
2 Section 17(1), first example, `section 224AR' and footnote-- 6
omit, insert-- 7
`section 299'. 8
3 Section 17(1), second example, `Child Protection Act'-- 9
omit, insert-- 10
`Child Protection Act 1999'. 11
4 Part 6, division 2, after section 106-- 12
insert-- 13
`107 Effectiveness of this div 14
`It is declared that the enactment of this division is, and 15
always has been, as effective as it would have been if the 16
amendment of the Act by the Births, Deaths and Marriages 17
Registration Act 2003, schedule 1, Coroners Act 2003, item 9 18
directed that this division be inserted in part 6 of this Act.'. 19
Criminal Code 20
1 Section 1, definition carnal knowledge, first entry-- 21
omit. 22
61
Justice and Other Legislation Amendment Bill 2004
Schedule (continued)
2 Section 6-- 1
insert-- 2
`(2) Carnal knowledge includes sodomy.'. 3
Criminal Law (Rehabilitation of Offenders) Act 1986 4
1 Section 9A(1), table, column 1, item 5, from `Employee' to 5
`State school.'-- 6
renumber as item 5(1). 7
2 Section 9A(1), table, column 1, item 5(3)-- 8
renumber as item 5(2). 9
Criminal Offence Victims Act 1995 10
1 Section 4(5)(c), `Criminal Practice Rules 1900'-- 11
omit, insert-- 12
`Criminal Practice Rules 1999'. 13
2 Section 17(2), example, `included'-- 14
omit, insert-- 15
`includes'. 16
62
Justice and Other Legislation Amendment Bill 2004
Schedule (continued)
Criminal Proceeds Confiscation Act 2002 1
1 Section 58(9), definition limitation period, paragraph (a), 2
after `made;'-- 3
insert-- 4
`and'. 5
2 Section 176(4), `consider'-- 6
omit, insert-- 7
`considers'. 8
3 Section 234(2)(a), subparagraph (vi), after `176;'-- 9
insert-- 10
`and'. 11
4 Schedule 6, definition ancillary, note for paragraph (c)-- 12
omit. 13
5 Schedule 6, definition encumbrance, `and'-- 14
omit, insert-- 15
`or'. 16
6 Schedule 6, definition money laundering, `the'-- 17
omit, insert-- 18
`an'. 19
7 Schedule 6, definition spouse, from `includes'-- 20
omit, insert-- 21
`includes a former spouse.'. 22
63
Justice and Other Legislation Amendment Bill 2004
Schedule (continued)
8 Schedule 6, definition weapon, `section 5 or'-- 1
omit. 2
Criminal Law Amendment Act 1892 3
1 Schedule, `199 3'-- 4
omit, insert-- 5
`20'. 6
Criminal Law (Sexual Offences) Act 1978 7
1 Section 15, heading, before `Act'-- 8
insert-- 9
`Amendment'. 10
Dispute Resolution Centres Act 1990 11
1 Section 2(1), definition referring order, paragraph (b), 12
`District Court Act 1967'-- 13
omit, insert-- 14
`District Court of Queensland Act 1967'. 15
64
Justice and Other Legislation Amendment Bill 2004
Schedule (continued)
District Court of Queensland Act 1967 1
1 Section 69(4), `Without affecting the generality of 2
subsection (3), the'-- 3
omit, insert-- 4
`The'. 5
2 Section 87, `Limitations of Action Act 1974'-- 6
omit, insert-- 7
`Limitation of Actions Act 1974'. 8
Drug Rehabilitation (Court Diversion) Act 2000 9
1 Section 23(5), `division 2 and 3, does'-- 10
omit, insert-- 11
`divisions 2 and 3, do'. 12
Evidence Act 1977 13
1 After section 136-- 14
insert-- 15
`Division 1A Justice and Other Legislation 16
Amendment Act 2003'. 17
2 Section 137, as inserted by the Justice and Other 18
Legislation Amendment Act 2003-- 19
renumber as section 136A. 20
65
Justice and Other Legislation Amendment Bill 2004
Schedule (continued)
Financial Transaction Reports Act 1992 1
1 Long title, `Financial Transaction Act 1988'-- 2
omit, insert-- 3
`Financial Transaction Reports Act 1988'. 4
Guardianship and Administration Act 2000 5
1 Schedule 4, definitions recognised provision and 6
registrable order, `chapter 9'-- 7
omit, insert-- 8
`chapter 7, part 9'. 9
Judicial Review Act 1991 10
1 Schedule 3, entry for section 2-- 11
omit. 12
2 Schedule 3, entry for sections 13-17, `13-17'-- 13
omit, insert-- 14
`13-16'. 15
3 Schedule 3, entry for section 55-- 16
omit. 17
66
Justice and Other Legislation Amendment Bill 2004
Schedule (continued)
4 Schedule 3, entry for sections 57-61, `57-61'-- 1
omit, insert-- 2
`57'. 3
5 Schedule 3, entry for schedules 3-5, `schedules 3-5'-- 4
omit, insert-- 5
`schedule 3'. 6
Jury Act 1995 7
1 Section 4(3), second paragraph (m)-- 8
renumber as section 4(3)(n). 9
Legal Profession Act 2004 10
1 Section 629-- 11
omit. 12
2 Schedule 2-- 13
omit. 14
3 Schedule 3, `sections 629 and'-- 15
omit, insert-- 16
`section'. 17
67
Justice and Other Legislation Amendment Bill 2004
Schedule (continued)
Powers of Attorney Act 1998 1
1 Section 23(2), example, `section 68.' and footnote-- 2
omit, insert-- 3
`section 59A.10'. 4
2 Section 24, from `the attorney'-- 5
omit, insert-- 6
`the attorney.11'. 7
Property Law Act 1974 8
1 Section 254(2), `section 260' and footnote-- 9
omit, insert-- 10
`section 350'. 11
Small Claims Tribunals Act 1973 12
1 Section 4(1), definition claimant, paragraphs (a) to (f), 13
after `;'-- 14
insert-- 15
`or'. 16
10 Section 59A (Effect of power ending)
11 Section 59A (Effect of power ending)
68
Justice and Other Legislation Amendment Bill 2004
Schedule (continued)
2 Section 4(1), definition respondent, paragraph (a), after 1
`;'-- 2
insert-- 3
`or'. 4
3 Section 4(1), definition small claim, paragraph (a)(i) to 5
(iv), after `;'-- 6
insert-- 7
`or'. 8
4 Section 14(3)(a) and (b), after `;'-- 9
insert-- 10
`and'. 11
5 Section 14(3)(b), `Commissioner for Consumer Affairs' 12
and footnote-- 13
omit, insert-- 14
`commissioner for fair trading'. 15
6 Section 20(2)(a)(i) to (iv), after `;'-- 16
insert-- 17
`or'. 18
7 Section 20(2)(a)(v), after `;'-- 19
insert-- 20
`or'. 21
8 Section 20(2)(b) to (e), after `;'-- 22
insert-- 23
`or'. 24
69
Justice and Other Legislation Amendment Bill 2004
Schedule (continued)
9 Section 22(3)(a), after `;'-- 1
insert-- 2
`and'. 3
10 Section 23A(3)(c)(i), after `;'-- 4
insert-- 5
`and'. 6
11 Section 23A(5), `Magistrates Courts Rules 1960.' and 7
footnote-- 8
omit, insert-- 9
`Uniform Civil Procedure Rules 1999.'. 10
12 Section 25(1)(a), after `;'-- 11
insert-- 12
`and'. 13
13 Section 32(4)(a), after `;'-- 14
insert-- 15
`and'. 16
14 Section 33(2)(a), after `;'-- 17
insert-- 18
`and'. 19
15 Section 38(3)(a) to (d), after `;'-- 20
insert-- 21
`and'. 22
70
Justice and Other Legislation Amendment Bill 2004
Schedule (continued)
16 Section 44, after `with respect to'-- 1
insert-- 2
`the following'. 3
Succession Act 1981 4
1 Section 28(a) to (d), after `;'-- 5
insert-- 6
`and'. 7
2 Section 37(2)(a), after `;'-- 8
insert-- 9
`or'. 10
3 Section 52(1)(a) to (d), after `;'-- 11
insert-- 12
`and'. 13
4 Section 66(2) to (c), after `;'-- 14
insert-- 15
`and'. 16
5 Section 66(2)(d)(i), after `;'-- 17
insert-- 18
`or'. 19
71
Justice and Other Legislation Amendment Bill 2004
Schedule (continued)
Vexatious Litigants Act 1981 1
1 Section 9(1)(b), `a District Court'-- 2
omit, insert-- 3
`the District Court'. 4
© State of Queensland 2004
AMENDMENTS TO BILL
1
Justice and Other Legislation Amendment Bill 2004
Justice and Other Legislation Amendment
Bill 2004
Amendments agreed to during Consideration
1 Clause 2--
At page 10, line 7, `section 6(2),' and footnote--
omit, insert--
`sections 6(2), 35 and 36A,1'.
2 Clause 35--
At page 21, lines 17 to 27--
omit, insert--
`35 Amendment of s 19 (Meaning of property)
Section 19(a)--
insert--
`(iii) property of someone else that is under the effective
control of the person; and'.'.
3 After clause 36--
At page 23, after line 22--
insert--
`36A Amendment of s 87 (Enforcement of order against
property under effective control)
(1) Section 87(4), after `to which'--
insert--
`other'.
(2) Section 87(5), from `property,'--
1 Sections 6(2), 35 and 36A will commence on assent, relying on the Acts
Interpretation Act 1954, section 15A (Commencement of Acts on date of assent)
2
Justice and Other Legislation Amendment Bill 2004
omit, insert--
`property to the extent stated in the declaration.'.
(3) Section 87(6), `as if the property were the controlling person's
property'--
omit.'.
4 Clause 61--
Page 33, line 10--
omit, insert--
`(1) Section 16(3A), after `section 17'--
insert--
`or under the Land and Resources Tribunal Act 1999,
section 27A'.
`(2) Section 16--'.
5 Clause 114--
At page 54, line 22, `it is irrelevant to the assessment that'--
omit, insert--
`any damages assessed must not be reduced because'.
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