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Queensland
Justice and Other Legislation
Amendment Bill 2013
Queensland
Justice and Other Legislation Amendment
Bill 2013
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of Aboriginal and Torres Strait Islander Land
Holding Act 2013
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4 Omission of s 139 (Amendment of s 32J (Land Court has power
of the Supreme Court for particular purposes)) . . . . . . . . . . . . . . 13
Part 3 Amendment of Acts Interpretation Act 1954
5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Amendment of sch 1 (Meaning of commonly used words and
expressions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 4 Amendment of Anti-Discrimination Act 1991
7 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
8 Amendment of s 140 (Commissioner may reject or stay
complaints dealt with elsewhere) . . . . . . . . . . . . . . . . . . . . . . . . . 14
9 Amendment of s 154A (Investigation of complaint) . . . . . . . . . . . 14
10 Amendment of s 168 (Frivolous etc. complaint lapses) . . . . . . . . 15
11 Insertion of new s 168A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
168A Complaint may lapse if dealt with elsewhere . . . . . . . 16
12 Amendment of s 169 (Complaint may lapse if complainant loses
interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
13 Replacement of s 170 (Complainant may withdraw complaint) . . 18
170 Complainant may withdraw complaint . . . . . . . . . . . . 18
14 Insertion of new ch 11, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 4 Transitional provisions for Justice and Other
Legislation Amendment Act 2013
272 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Justice and Other Legislation Amendment Bill 2013
Contents
273 Application of amended ss 140 and 154A to a
complaint made before commencement . . . . . . . . . . 19
274 Complainant can not make further complaint if
complaint lapsed under former s 168 or 170 . . . . . . . 20
275 Application of s 168A to complaint accepted before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 5 Amendment of Appeal Costs Fund Act 1973
15 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16 Amendment of s 5 (Appeal Costs Fund) . . . . . . . . . . . . . . . . . . . 21
17 Amendment of s 6 (Appeal Costs Board). . . . . . . . . . . . . . . . . . . 21
18 Replacement of s 9 (Staff) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
9 Secretary and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Insertion of new s 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
30 Amendment of regulation--Justice and Other
Legislation Amendment Act 2013. . . . . . . . . . . . . . . . 22
Part 6 Amendment of Appeal Costs Fund Regulation 2010
20 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Amendment of s 12 (Fees payable to board members--Act,
s 9(2)) ...................................... 22
Part 7 Amendment of Births, Deaths and Marriages Registration
Act 2003
22 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 Amendment of s 34 (The registrar) . . . . . . . . . . . . . . . . . . . . . . . 23
24 Amendment of s 35 (The deputy registrar). . . . . . . . . . . . . . . . . . 23
25 Insertion of new pt 9, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 7 Transitional provision for Justice and Other
Legislation Amendment Act 2013
66 Registrar and deputy registrar appointed before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Part 8 Amendment of Child Employment Act 2006
26 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
27 Amendment of s 8 (Meaning of work in relation to a child) . . . . . 24
28 Insertion of new s 8C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
8C Prohibition on inappropriate roles and situations . . . . 25
29 Insertion of new s 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Effect of regulation amendment by Justice and
Other Legislation Amendment Act 2013. . . . . . . . . . . 26
Part 9 Amendment of Child Employment Regulation 2006
30 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
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Justice and Other Legislation Amendment Bill 2013
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31 Omission of s 12 (Prohibition on inappropriate roles and
situations) .................................. 27
32 Amendment of s 25 (Employer's duty about presence of parent). 27
Part 10 Amendment of Civil Proceedings Act 2011
33 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
34 Amendment of s 237 (Insertion of new s 35A) . . . . . . . . . . . . . . . 27
Part 11 Amendment of Coroners Act 2003
35 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
36 Amendment of s 23 (Autopsy testing) . . . . . . . . . . . . . . . . . . . . . 28
37 Amendment of pt 3, div 3, hdg (Inquests) . . . . . . . . . . . . . . . . . . 28
38 Insertion of new s 46A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
46A Publication of coroner's findings or comments . . . . . . 28
39 Insertion of new s 51A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
51A Access of investigation documents under this division 29
40 Amendment of s 54 (Access to investigation documents for other
purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
41 Amendment of s 62 (Access to physical evidence) . . . . . . . . . . . 30
42 Insertion of new s 62A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
62A Access to physical evidence exhibit . . . . . . . . . . . . . 30
Part 12 Amendment of Criminal Law (Rehabilitation of Offenders)
Act 1986
43 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
44 Amendment of s 7 (Section 6 not applicable in certain cases). . . 32
Part 13 Amendment of Dispute Resolution Centres Act 1990
45 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
46 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 33
47 Omission of pt 2, hdg (Administration) . . . . . . . . . . . . . . . . . . . . . 33
48 Omission of pt 2, div 1 (The council) . . . . . . . . . . . . . . . . . . . . . . 33
49 Omission of pt 2, div 2, hdg (Staff of dispute resolution centre). . 33
50 Relocation and renumbering of ss 18-21. . . . . . . . . . . . . . . . . . . 33
51 Insertion of new pt 3, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 33
52 Insertion of new pt 3, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 34
53 Amendment of s 27AC (Staff). . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
54 Amendment of s 35 (Exoneration from liability) . . . . . . . . . . . . . . 34
55 Amendment of s 37 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
56 Amendment of s 38 (Power to accept appointment). . . . . . . . . . . 35
57 Insertion of new pt 6, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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Justice and Other Legislation Amendment Bill 2013
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58 Insertion of new pt 6, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 36
59 Insertion of new pt 6, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2 Justice and Other Legislation Amendment Act
2013
43 Continuation of obligations about disclosure of
information .............................. 36
Part 14 Amendment of District Court of Queensland Act 1967
60 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
61 Amendment of s 14 (Retirement of judges) . . . . . . . . . . . . . . . . . 37
62 Amendment of s 17 (Acting judge) . . . . . . . . . . . . . . . . . . . . . . . . 37
63 Amendment of s 113 (Power of District Court on appeal from
Magistrates Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
64 Insertion of new s 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
150 Transitional provision for Justice and Other
Legislation Amendment Act 2013. . . . . . . . . . . . . . . . 39
Part 15 Amendment of Domestic and Family Violence Protection
Act 2012
65 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
66 Replacement of s 48 (Temporary protection order in relation to
application for variation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
48 Temporary protection order in relation to application
for variation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
67 Replacement of s 142 (Application of Uniform Civil Procedure
Rules 1999) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
142 Procedure for proceeding under this Act . . . . . . . . . . 41
68 Amendment of pt 8, div 1 (Service) . . . . . . . . . . . . . . . . . . . . . . . 41
Part 16 Amendment of Electronic Transactions (Queensland) Act
2001
69 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
70 Amendment of s 4 (Simplified outline) . . . . . . . . . . . . . . . . . . . . . 42
71 Amendment of s 7A (Act does not apply to particular
requirements etc.) ................................ 42
72 Amendment of s 14 (Requirement for signature) . . . . . . . . . . . . . 43
73 Amendment of s 15 (Other particular laws not affected) . . . . . . . 44
74 Replacement of ss 23 to 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
23 Time of dispatch . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
24 Time of receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
25 Place of dispatch and receipt . . . . . . . . . . . . . . . . . . 46
75 Insertion of new ch 2, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
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Justice and Other Legislation Amendment Bill 2013
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Part 4 Additional provisions applying to contracts
involving electronic communication
26A Application and operation of this part . . . . . . . . . . . . . 47
26B Invitation to treat regarding contracts . . . . . . . . . . . . . 48
26C Use of automated message system for
contract formation--non-intervention of individual . . 48
26D Error in electronic communication regarding contracts 49
26E Application of Act in relation to contracts . . . . . . . . . 50
76 Insertion of new ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Chapter 4 Transitional provision
28 Transitional provision for Justice and Other
Legislation Amendment Act 2013. . . . . . . . . . . . . . . . 51
77 Amendment of sch 1 (Excluded requirements and permissions) . 51
78 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 52
Part 17 Amendment of Evidence Act 1977
79 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
80 Amendment of s 7 (Parties, their wives and husbands as
witnesses) ................................... 54
Part 18 Amendment of Guardianship and Administration Act 2000
81 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
82 Amendment of s 218 (Acting public advocate) . . . . . . . . . . . . . . . 54
83 Amendment of s 231 (Appointment). . . . . . . . . . . . . . . . . . . . . . . 55
Part 19 Amendment of Information Privacy Act 2009
84 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
85 Amendment of s 127 (Vexatious applicants) . . . . . . . . . . . . . . . . 55
Part 20 Amendment of Judges (Pensions and Long Leave) Act 1957
86 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
87 Amendment of s 2A (Length of service if previously an acting
judge or master in Queensland) . . . . . . . . . . . . . . . . . . . . . . . . . . 56
88 Amendment of s 2C (Minimum benefit payable). . . . . . . . . . . . . . 56
89 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 56
Part 21 Amendment of Judicial Remuneration Act 2007
90 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
91 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
5A Retired acting Supreme Court judge . . . . . . . . . . . . . 57
92 Amendment of s 9 (District Court judge other than the Chief
Judge) .................................... 58
93 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
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9A Retired acting District Court judge . . . . . . . . . . . . . . 59
94 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 59
Part 22 Amendment of Justices Act 1886
95 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
96 Amendment of s 104 (Proceedings upon an examination of
witnesses in relation to an indictable offence) . . . . . . . . . . . . . . . 60
97 Amendment of s 154 (Copies of record) . . . . . . . . . . . . . . . . . . . 60
Part 23 Amendment of Justices of the Peace and Commissioners
for Declarations Act 1991
98 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
99 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 61
100 Amendment of s 13 (Register of justices of the peace and
commissioners for declarations). . . . . . . . . . . . . . . . . . . . . . . . . . 61
101 Amendment of s 21 (Registration of justices of the peace and
commissioners for declarations). . . . . . . . . . . . . . . . . . . . . . . . . . 62
102 Amendment of s 38 (Publication of office holders) . . . . . . . . . . . . 63
103 Insertion of new s 38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
38A Access to register. . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Part 24 Amendment of Land Court Act 2000
104 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
105 Amendment of s 5 (Jurisdiction of Land Court) . . . . . . . . . . . . . . 64
106 Insertion of new s 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
7B Land Court order may be enforced in Supreme Court 64
107 Amendment of s 12 (Power to rehear matters). . . . . . . . . . . . . . . 64
108 Amendment of s 14 (Single member to constitute Land Court) . . 65
109 Amendment of s 31 (Rehearing after judicial registrar's decision) 65
110 Amendment of s 32 (Judicial registrar may exercise certain
judicial or quasi-judicial powers) . . . . . . . . . . . . . . . . . . . . . . . . . 65
111 Amendment, relocation and renumbering of s 32J (Land Court
has power of the Supreme Court for particular purposes) . . . . . . 65
112 Amendment of s 34 (Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
113 Amendment of s 36 (Preliminary conference) . . . . . . . . . . . . . . . 66
114 Amendment of s 48 (Registrar, deputy registrars and other
officers) ..................................... 66
115 Amendment of s 52 (Court records) . . . . . . . . . . . . . . . . . . . . . . . 67
116 Amendment of s 54 (Jurisdiction of Land Appeal Court) . . . . . . . 67
117 Amendment of s 61 (President decides members for Land
Appeal Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
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118 Amendment of s 65 (Notice of appeal). . . . . . . . . . . . . . . . . . . . . 67
Part 25 Amendment of Legal Aid Queensland Act 1997
119 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
120 Amendment of s 19 (How Legal Aid may enforce a condition of
an approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
121 Amendment of s 46 (Power to enter into legal assistance
arrangements and other agreements) . . . . . . . . . . . . . . . . . . . . . 68
122 Omission of s 81 (Legal Aid not liable for particular acts or
omissions of Legal Aid agents) . . . . . . . . . . . . . . . . . . . . . . . . . . 68
123 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Part 26 Amendment of Legal Profession Act 2007
124 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
125 Amendment of s 662 (Administrative support of the board) . . . . . 69
126 Insertion of new s 662A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
662A Australian legal practitioner does not breach practising
certificate by providing legal service to board . . . . . . 70
127 Insertion of new ch 10, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Part 4 Transitional provision for Justice and Other
Legislation Amendment Act 2013
779 Application of amendments made by Justice and
Other Legislation Amendment Act 2013. . . . . . . . . . . 71
Part 27 Amendment of Magistrates Act 1991
128 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
129 Amendment of s 5 (Appointment of magistrates) . . . . . . . . . . . . . 71
130 Amendment of s 5A (Appointment of acting Deputy Chief
Magistrate) ................................... 72
131 Amendment of s 11 (District Court judge appointed as Chief
Magistrate) .................................. 72
132 Amendment of s 12 (Functions of Chief Magistrate) . . . . . . . . . . 72
133 Amendment of s 13 (Deputy Chief Magistrate) . . . . . . . . . . . . . . 74
134 Amendment of s 14 (Functions of Deputy Chief Magistrate) . . . . 75
135 Amendment of s 17 (Composition of advisory committee) . . . . . 75
136 Amendment of s 19 (Presiding at meetings) . . . . . . . . . . . . . . . . 76
137 Amendment of s 30 (Temporary transfer decisions about
constituting Magistrates Courts). . . . . . . . . . . . . . . . . . . . . . . . . . 76
138 Amendment of s 53A (Appointment of acting judicial registrars) . 76
Part 28 Amendment of Magistrates Courts Act 1921
139 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
140 Insertion of new s 57C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
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57C Rule-making power . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Part 29 Amendment of Peaceful Assembly Act 1992
141 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
142 Replacement of s 17 (Delegation of powers) . . . . . . . . . . . . . . . . 78
17 Limitation on delegation . . . . . . . . . . . . . . . . . . . . . . . 78
Part 30 Amendment of Personal Injuries Proceedings Act 2002
143 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
144 Amendment of s 67A (Exemption from s 67(3) and (4)). . . . . . . . 78
Part 31 Amendment of Queensland Civil and Administrative
Tribunal Act 2009
145 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
146 Amendment of s 46 (Withdrawal of application or referral). . . . . . 79
147 Amendment of s 50 (Decision by default for debt) . . . . . . . . . . . . 80
148 Insertion of new s 50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
50A Decision by default for unliquidated damages . . . . . . 80
149 Amendment of s 51 (Setting aside decision by default) . . . . . . . . 82
150 Amendment of s 122 (Request for written reasons) . . . . . . . . . . . 82
151 Amendment of s 137 (Definitions for div 7) . . . . . . . . . . . . . . . . . 82
152 Amendment of s 142 (Party may appeal) . . . . . . . . . . . . . . . . . . . 82
153 Amendment of s 143 (Appealing or applying for leave to appeal) 82
154 Insertion of new s 143A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
143A Referring matter to tribunal to consider reopening . . . 83
155 Amendment of s 151 (Appealing or applying for leave to appeal) 84
156 Amendment of s 218 (Contempt of tribunal) . . . . . . . . . . . . . . . . 85
157 Amendment of s 237 (Immunity of participants etc.) . . . . . . . . . . 85
158 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 85
Part 32 Amendment of Recording of Evidence Act 1962
159 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
160 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Part 33 Amendment of Right to Information Act 2009
161 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
162 Amendment of s 114 (Vexatious applicants) . . . . . . . . . . . . . . . . 87
Part 34 Amendment of Statutory Instruments Act 1992
163 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
164 Amendment of sch 2A (Subordinate legislation to which part 7
does not apply). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
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Part 35 Amendment of Succession Act 1981
165 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
166 Insertion of new pt 2, div 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Division 6A International wills
33YA Definitions for div 6A. . . . . . . . . . . . . . . . . . . . . . . . . . 88
33YB Application of Convention. . . . . . . . . . . . . . . . . . . . . . 88
33YC Persons authorised to act in connection with
international wills . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
33YD Witnesses to international wills . . . . . . . . . . . . . . . . . 89
33YE Application of Act to international wills . . . . . . . . . . . . 89
167 Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Schedule 3 Annex to Convention providing a Uniform
Law on the Form of an International Will 1973
Part 36 Amendment of Supreme Court of Queensland Act 1991
168 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
169 Amendment of s 6 (Acting judges) . . . . . . . . . . . . . . . . . . . . . . . . 94
170 Amendment of s 21 (Retirement of judges) . . . . . . . . . . . . . . . . . 95
171 Amendment of s 85 (Rule-making power) . . . . . . . . . . . . . . . . . . 96
Part 37 Amendment of Trusts Act 1973
172 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
173 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Part 38 Other amendments
174 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Schedule 1 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Legal Aid Queensland Act 1997. . . . . . . . . . . . . . . . . . . . . . . . . . 97
Retirement Villages Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Page 9
2013
A Bill
for
An Act to amend the Aboriginal and Torres Strait Islander Land Holding Act
2013, the Acts Interpretation Act 1954, the Anti-Discrimination Act 1991, the
Appeal Costs Fund Act 1973, the Appeal Costs Fund Regulation 2010, the
Births, Deaths and Marriages Registration Act 2003, the Child Employment
Act 2006, the Child Employment Regulation 2006, the Civil Proceedings Act
2011, the Coroners Act 2003, the Criminal Law (Rehabilitation of Offenders)
Act 1986, the Dispute Resolution Centres Act 1990, the District Court of
Queensland Act 1967, the Domestic and Family Violence Protection Act
2012, the Electronic Transactions (Queensland) Act 2001, the Evidence Act
1977, the Guardianship and Administration Act 2000, the Information
Privacy Act 2009, the Judges (Pensions and Long Leave) Act 1957, the
Judicial Remuneration Act 2007, the Justices Act 1886, the Justices of the
Peace and Commissioners for Declarations Act 1991, the Land Court Act
2000, the Legal Aid Queensland Act 1997, the Legal Profession Act 2007, the
Magistrates Act 1991, the Magistrates Courts Act 1921, the Peaceful
Assembly Act 1992, the Personal Injuries Proceedings Act 2002, the
Queensland Civil and Administrative Tribunal Act 2009, the Recording of
Evidence Act 1962, the Retirement Villages Act 1999, the Right to
Information Act 2009, the Statutory Instruments Act 1992, the Succession
Act 1981, the Supreme Court of Queensland Act 1991 and the Trusts Act
1973 for particular purposes
Justice and Other Legislation Amendment Bill 2013
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Justice and Other Legislation 4
Amendment Act 2013. 5
Clause 2 Commencement 6
The following provisions commence on a day to be fixed by 7
proclamation-- 8
(a) part 3; 9
(b) part 15; 10
(c) part 28; 11
(d) part 29; 12
(e) part 31; 13
(f) part 34; 14
(g) part 35; 15
(h) section 171; 16
(i) part 37. 17
Page 12
Justice and Other Legislation Amendment Bill 2013
Part 2 Amendment of Aboriginal and Torres Strait Islander Land Holding Act 2013
[s 3]
Part 2 Amendment of Aboriginal and 1
Torres Strait Islander Land 2
Holding Act 2013 3
Clause 3 Act amended 4
This part amends the Aboriginal and Torres Strait Islander 5
Land Holding Act 2013. 6
Clause 4 Omission of s 139 (Amendment of s 32J (Land Court has 7
power of the Supreme Court for particular purposes)) 8
Section 139-- 9
omit. 10
Editor's note-- 11
Legislation ultimately amended-- 12
· Land Court Act 2000 13
Part 3 Amendment of Acts 14
Interpretation Act 1954 15
Clause 5 Act amended 16
This part amends the Acts Interpretation Act 1954. 17
Clause 6 Amendment of sch 1 (Meaning of commonly used words 18
and expressions) 19
Schedule 1, definition lawyer-- 20
omit, insert-- 21
lawyer means an Australian lawyer within the 22
meaning of the Legal Profession Act 2007. 23
Page 13
Justice and Other Legislation Amendment Bill 2013
Part 4 Amendment of Anti-Discrimination Act 1991
[s 7]
Part 4 Amendment of 1
Anti-Discrimination Act 1991 2
Clause 7 Act amended 3
This part amends the Anti-Discrimination Act 1991. 4
Clause 8 Amendment of s 140 (Commissioner may reject or stay 5
complaints dealt with elsewhere) 6
(1) Section 140(2)-- 7
renumber as section 140(3). 8
(2) Section 140(1)-- 9
omit, insert-- 10
(1) The commissioner may reject or stay a complaint 11
if-- 12
(a) there are concurrent proceedings in a court 13
or tribunal in relation to the act or omission 14
the subject of the complaint; or 15
(b) the commissioner reasonably considers the 16
act or omission that is the subject of the 17
complaint may be effectively or 18
conveniently dealt with by another entity. 19
(2) The commissioner may also reject a complaint if 20
the commissioner reasonably considers the act or 21
omission the subject of the complaint has been 22
adequately dealt with by another entity. 23
(3) Section 140(3), as renumbered, `the Act'-- 24
omit, insert-- 25
this Act 26
Clause 9 Amendment of s 154A (Investigation of complaint) 27
Section 154A, `accepted under section 141'-- 28
Page 14
Justice and Other Legislation Amendment Bill 2013
Part 4 Amendment of Anti-Discrimination Act 1991
[s 10]
omit, insert-- 1
at any time after the complaint is received by the 2
commissioner 3
Clause 10 Amendment of s 168 (Frivolous etc. complaint lapses) 4
(1) Section 168(1)-- 5
omit, insert-- 6
(1) This section applies if, at any time after a 7
complaint is accepted and before it is referred to 8
the tribunal, the commissioner is of the 9
reasonable opinion that the complaint is-- 10
(a) frivolous, trivial or vexatious; or 11
(b) misconceived or lacking in substance. 12
(1A) The commissioner must tell the complainant in 13
writing that, unless the complainant is able to 14
show to the commissioner's satisfaction within 15
28 days that the complaint is not frivolous, trivial, 16
vexatious, misconceived or lacking in 17
substance-- 18
(a) the complaint will lapse; and 19
(b) if the complaint lapses, the complainant can 20
not make a further complaint relating to the 21
act or omission that was the subject of the 22
complaint. 23
(2) Section 168(3), `lapses.'-- 24
omit, insert-- 25
lapses, and the complainant can not make a further 26
complaint relating to the act or omission that was the 27
subject of the complaint. 28
(3) Section 168(1A) to (3)-- 29
renumber as section 168(2) to (4). 30
Page 15
Justice and Other Legislation Amendment Bill 2013
Part 4 Amendment of Anti-Discrimination Act 1991
[s 11]
Clause 11 Insertion of new s 168A 1
After section 168-- 2
insert-- 3
168A Complaint may lapse if dealt with elsewhere 4
(1) This section applies if after a complaint is 5
accepted and before it is referred to the tribunal, 6
the commissioner reasonably considers the act or 7
omission the subject of the complaint-- 8
(a) has been adequately dealt with by another 9
entity; or 10
(b) may be effectively or conveniently dealt 11
with by another entity. 12
(2) The commissioner may give the complainant a 13
notice (a show cause notice) inviting the 14
complainant to show cause why the complaint 15
should not lapse. 16
(3) A show cause notice must-- 17
(a) be in writing; and 18
(b) state that the complaint may lapse unless the 19
complainant is able to show to the 20
commissioner's satisfaction that the act or 21
omission that is the subject of the complaint 22
has not been adequately dealt with, or may 23
not be effectively or conveniently dealt with, 24
by another entity; and 25
(c) state that if the complaint lapses, the 26
complainant can not make a further 27
complaint relating to the act or omission the 28
subject of the complaint; and 29
(d) state that the complainant may, within 28 30
days after receipt of the notice, make written 31
representations to the commissioner about 32
why the complaint should not lapse. 33
Page 16
Justice and Other Legislation Amendment Bill 2013
Part 4 Amendment of Anti-Discrimination Act 1991
[s 12]
(4) If, after considering any submissions made 1
within the show cause period, the commissioner 2
reasonably considers either of the following 3
applies, the commissioner must give the 4
complainant written notice that the complaint has 5
lapsed-- 6
(a) the act or omission the subject of the 7
complaint has been adequately dealt with by 8
another entity; 9
(b) the act or omission the subject of the 10
complaint may be more effectively or 11
conveniently dealt with by another entity. 12
(5) If the commissioner gives the complainant a 13
notice under subsection (4)-- 14
(a) the complaint lapses; and 15
(b) the complainant can not make a further 16
complaint relating to the act or omission the 17
subject of the complaint. 18
Clause 12 Amendment of s 169 (Complaint may lapse if complainant 19
loses interest) 20
Section 169(1), `must' to `continue with it.'-- 21
omit, insert-- 22
must tell the complainant in writing that-- 23
(a) the complaint will lapse unless the 24
complainant indicates that the complainant 25
wishes to continue with it; and 26
(b) if the complaint lapses, the complainant can 27
not make a further complaint relating to the 28
act or omission that was the subject of the 29
complaint. 30
Page 17
Justice and Other Legislation Amendment Bill 2013
Part 4 Amendment of Anti-Discrimination Act 1991
[s 13]
Clause 13 Replacement of s 170 (Complainant may withdraw 1
complaint) 2
Section 170-- 3
omit, insert-- 4
170 Complainant may withdraw complaint 5
(1) This section applies if a complainant gives the 6
commissioner written notice that the complainant 7
does not want to continue with the complaint. 8
(2) The commissioner must-- 9
(a) give the complainant a written notice stating 10
that-- 11
(i) the complaint will lapse at the end of 12
28 days after the notice is given (the 13
relevant period) unless the 14
complainant gives the commissioner 15
another written notice (a continuation 16
notice) that the complainant intends to 17
continue with the complaint; and 18
(ii) if the complaint lapses, the 19
complainant can not make a further 20
complaint relating to the act or 21
omission the subject of the complaint; 22
and 23
(b) cease dealing with the complaint. 24
(3) If the complainant gives the commissioner a 25
continuation notice within the relevant period, 26
the commissioner must resume dealing with the 27
complaint. 28
(4) If the complainant does not give the 29
commissioner a continuation notice within the 30
relevant period-- 31
(a) the complaint lapses on the day after the 32
relevant period ends; and 33
Page 18
Justice and Other Legislation Amendment Bill 2013
Part 4 Amendment of Anti-Discrimination Act 1991
[s 14]
(b) the complainant can not make a further 1
complaint relating to the act or omission the 2
subject of the complaint. 3
(5) If a complaint lapses under subsection (4), the 4
commissioner must, as soon as practicable after 5
the lapse, give the respondent written notice the 6
complaint has lapsed. 7
Clause 14 Insertion of new ch 11, pt 4 8
After section 271-- 9
insert-- 10
Part 4 Transitional provisions 11
for Justice and Other 12
Legislation 13
Amendment Act 2013 14
272 Definitions for pt 4 15
In this part-- 16
amended, for a provision, means the provision as 17
amended by the Justice and Other Legislation 18
Amendment Act 2013. 19
commencement means commencement of this 20
section. 21
273 Application of amended ss 140 and 154A to a 22
complaint made before commencement 23
(1) This section applies to a complaint made to the 24
commissioner that had not, before the 25
commencement, been accepted, rejected or 26
stayed. 27
Page 19
Justice and Other Legislation Amendment Bill 2013
Part 5 Amendment of Appeal Costs Fund Act 1973
[s 15]
(2) The Commissioner may deal with the complaint 1
as if the complaint had been made after the 2
commencement, including by-- 3
(a) rejecting or staying the complaint under 4
amended section 140; or 5
(b) investigating the complaint under amended 6
section 154A. 7
274 Complainant can not make further complaint if 8
complaint lapsed under former s 168 or 170 9
(1) This section applies to a complaint that, before 10
the commencement, had lapsed under section 11
168(3) or 170(2). 12
(2) The complainant can not make a further 13
complaint in relation to the act or omission the 14
subject of the complaint. 15
275 Application of s 168A to complaint accepted 16
before commencement 17
(1) This section applies to a complaint that, 18
immediately before the commencement, had 19
been accepted but not finally dealt with or 20
referred to the tribunal. 21
(2) Section 168A applies to the complaint as if it had 22
been made after commencement. 23
Part 5 Amendment of Appeal Costs 24
Fund Act 1973 25
Clause 15 Act amended 26
This part amends the Appeal Costs Fund Act 1973. 27
Page 20
Justice and Other Legislation Amendment Bill 2013
Part 5 Amendment of Appeal Costs Fund Act 1973
[s 16]
Clause 16 Amendment of s 5 (Appeal Costs Fund) 1
(1) Section 5(1), `subject to the Financial Administration and 2
Audit Act 1977, part 8, division 2'-- 3
omit. 4
(2) Section 5(3), `sections 6(7)'-- 5
omit, insert-- 6
sections 6(6) and (8) 7
(3) Section 5(3), `and the costs of administration'-- 8
omit, insert-- 9
, the costs of the staff employed under section 9 and 10
the administration 11
Clause 17 Amendment of s 6 (Appeal Costs Board) 12
(1) Section 6(6) and (7)-- 13
renumber as section 6(7) and (8). 14
(2) Section 6-- 15
insert-- 16
(6) A member of the board is to be paid the fees and 17
allowances prescribed under a regulation. 18
Clause 18 Replacement of s 9 (Staff) 19
Section 9-- 20
omit, insert-- 21
9 Secretary and staff 22
(1) There may be a secretary, and staff, of the board. 23
(2) The secretary and staff are to assist the board to 24
perform the board's functions. 25
(3) The secretary and staff of the board are employed 26
under the Public Service Act 2008. 27
Page 21
Justice and Other Legislation Amendment Bill 2013
Part 6 Amendment of Appeal Costs Fund Regulation 2010
[s 19]
Clause 19 Insertion of new s 30 1
Part 6-- 2
insert-- 3
30 Amendment of regulation--Justice and Other 4
Legislation Amendment Act 2013 5
The amendment of the Appeal Costs Fund Regulation 6
2010 by the Justice and Other Legislation Amendment 7
Act 2013 does not affect the power of the Governor in 8
Council to further amend the regulation or to repeal it. 9
Part 6 Amendment of Appeal Costs 10
Fund Regulation 2010 11
Clause 20 Regulation amended 12
This part amends the Appeal Costs Fund Regulation 2010. 13
Clause 21 Amendment of s 12 (Fees payable to board 14
members--Act, s 9(2)) 15
Section 12, heading, `s 9(2)' 16
omit, insert-- 17
s 6(6) 18
Page 22
Justice and Other Legislation Amendment Bill 2013
Part 7 Amendment of Births, Deaths and Marriages Registration Act 2003
[s 22]
Part 7 Amendment of Births, Deaths 1
and Marriages Registration Act 2
2003 3
Clause 22 Act amended 4
This part amends the Births, Deaths and Marriages 5
Registration Act 2003. 6
Clause 23 Amendment of s 34 (The registrar) 7
(1) Section 34(2) and (3)-- 8
renumber as section 34(3) and (4). 9
(2) Section 34(1)-- 10
omit, insert-- 11
(1) There is to be a registrar-general (the registrar). 12
(2) The registrar is to be employed under the Public 13
Service Act 2008. 14
Clause 24 Amendment of s 35 (The deputy registrar) 15
(1) Section 35(2) and (3)-- 16
renumber as section 35(3) and (4). 17
(2) Section 35(1)-- 18
omit, insert-- 19
(1) There is to be a deputy registrar-general (the 20
deputy registrar). 21
(2) The deputy registrar is to be employed under the 22
Public Service Act 2008. 23
Clause 25 Insertion of new pt 9, div 7 24
After section 65-- 25
Page 23
Justice and Other Legislation Amendment Bill 2013
Part 8 Amendment of Child Employment Act 2006
[s 26]
insert-- 1
Division 7 Transitional provision for 2
Justice and Other 3
Legislation Amendment 4
Act 2013 5
66 Registrar and deputy registrar appointed 6
before commencement 7
(1) This section applies to a person who, 8
immediately before the commencement of this 9
section, held office as registrar or deputy 10
registrar. 11
(2) From the commencement, the person continues 12
to hold that office as if the person had been 13
appointed after the commencement. 14
Part 8 Amendment of Child 15
Employment Act 2006 16
Clause 26 Act amended 17
This part amends the Child Employment Act 2006. 18
Clause 27 Amendment of s 8 (Meaning of work in relation to a child) 19
Section 8(3), `section 8A'-- 20
omit, insert-- 21
sections 8A to 8C 22
Clause 28 Insertion of new s 8C 23
After section 8B-- 24
insert-- 25
Page 24
Justice and Other Legislation Amendment Bill 2013
Part 8 Amendment of Child Employment Act 2006
[s 28]
8C Prohibition on inappropriate roles and 1
situations 2
(1) An employer must not require or permit a child to 3
work in a role or situation that is inappropriate 4
for the child, having regard to the child's age, 5
emotional and psychological development, 6
maturity and sensitivity. 7
Maximum penalty--100 penalty units. 8
(2) Without limiting subsection (1), the child may 9
not-- 10
(a) be exposed to scenes or situations that are 11
likely to distress or embarrass the child; or 12
(b) be made distressed to obtain a more realistic 13
depiction of a particular emotional reaction; 14
or 15
(c) perform an act of an explicit sexual nature 16
or be present in an area while another person 17
performs an act of an explicit sexual nature; 18
or 19
(d) be present while another person is-- 20
(i) nude; or 21
(ii) clothed or covered in another way so-- 22
(A) the person's sexual organs or anus 23
are visible; or 24
(B) if the person is a female who is at 25
least 5 years--her breasts are 26
visible. 27
(3) Subsection (2)(d) does not apply if-- 28
(a) the child is under 12 months; and 29
(b) a parent of the child, who is not the 30
employer of the child, has given the 31
employer written consent to whichever of 32
the following is relevant-- 33
Page 25
Justice and Other Legislation Amendment Bill 2013
Part 8 Amendment of Child Employment Act 2006
[s 29]
(i) the child being present while the 1
other person is nude; 2
(ii) the child being present while the 3
other person is clothed or covered 4
in another way so the person's 5
sexual organs or anus are visible; 6
(iii) the child being present while the 7
other person is clothed or covered 8
in another way so the person's 9
breasts are visible; and 10
(c) a parent of the child is present while the 11
child is present and the other person is as 12
mentioned in subsection (2)(d)(i) or (ii). 13
(4) However, a consent under subsection (3)(b)(ii) or 14
(iii) need not cover all matters mentioned in the 15
subsection so long as all matters in the subsection 16
relevant to the work the child is to do are covered. 17
Clause 29 Insertion of new s 40 18
After section 39-- 19
insert-- 20
40 Effect of regulation amendment by Justice and 21
Other Legislation Amendment Act 2013 22
The amendment of the Child Employment Regulation 23
2006 by the Justice and Other Legislation Amendment 24
Act 2013 does not affect the power of the Governor in 25
Council to further amend the regulation or to repeal it. 26
Page 26
Justice and Other Legislation Amendment Bill 2013
Part 9 Amendment of Child Employment Regulation 2006
[s 30]
Part 9 Amendment of Child 1
Employment Regulation 2006 2
Clause 30 Regulation amended 3
This part amends the Child Employment Regulation 2006. 4
Clause 31 Omission of s 12 (Prohibition on inappropriate roles and 5
situations) 6
Section 12-- 7
omit. 8
Clause 32 Amendment of s 25 (Employer's duty about presence of 9
parent) 10
Section 25(3), `section 8A(2)(c) of the Act or section 12(4)(c)'-- 11
omit, insert-- 12
section 8A(2)(c) or 8C(3)(c) of the Act 13
Part 10 Amendment of Civil 14
Proceedings Act 2011 15
Clause 33 Act amended 16
This part amends the Civil Proceedings Act 2011. 17
Clause 34 Amendment of s 237 (Insertion of new s 35A) 18
Section 237, inserted section 35A(1), `, including by taking a copy 19
of the document,'-- 20
omit. 21
Page 27
Justice and Other Legislation Amendment Bill 2013
Part 11 Amendment of Coroners Act 2003
[s 35]
Editor's note-- 1
Legislation ultimately amended-- 2
· Justices of the Peace and Commissioners for Declarations Act 1991 3
Part 11 Amendment of Coroners Act 4
2003 5
Clause 35 Act amended 6
This part amends the Coroners Act 2003. 7
Clause 36 Amendment of s 23 (Autopsy testing) 8
Section 23(5), after `blood'-- 9
insert-- 10
or urine 11
Clause 37 Amendment of pt 3, div 3, hdg (Inquests) 12
Part 3, division 3, heading-- 13
omit, insert-- 14
Division 3 Inquests and 15
investigations 16
Clause 38 Insertion of new s 46A 17
After section 46-- 18
insert-- 19
46A Publication of coroner's findings or comments 20
(1) If a coroner investigates a death at an inquest, the 21
coroner must publish the following on the State 22
Page 28
Justice and Other Legislation Amendment Bill 2013
Part 11 Amendment of Coroners Act 2003
[s 39]
Coroner's website unless the coroner orders 1
otherwise-- 2
(a) the coroner's findings; 3
(b) if the coroner comments under section 46 on 4
anything connected with the death--the 5
coroner's comments. 6
(2) If a coroner investigated a death but did not hold 7
an inquest, the coroner may direct that the 8
coroner's findings be published on the State 9
Coroner's website only if-- 10
(a) the coroner considers the publication is in 11
the public interest; and 12
(b) to the extent practicable, the coroner has 13
consulted with and had regard to the views 14
of a family member of the deceased person. 15
Editor's note-- 16
The State Coroner's website is http://www.courts.qld. 17
gov.au/courts/coroners-court/. 18
Clause 39 Insertion of new s 51A 19
Part 3, division 4, before section 52-- 20
insert-- 21
51A Access of investigation documents under this 22
division 23
This division provides for when a person may or may 24
not have access to an investigation document. 25
Note-- 26
An owner of an investigation document may also access 27
the document under section 62. 28
Clause 40 Amendment of s 54 (Access to investigation documents 29
for other purposes) 30
Section 54(3)-- 31
Page 29
Justice and Other Legislation Amendment Bill 2013
Part 11 Amendment of Coroners Act 2003
[s 41]
omit, insert-- 1
(3) The coroner may consent only if-- 2
(a) the coroner is satisfied the person has a 3
sufficient interest in the document; or 4
Example-- 5
A person with a sufficient interest in an 6
investigation document might include-- 7
(a) an immediate member of the deceased 8
person's family; or 9
(b) for a document that is relevant to assessing a 10
potential threat to public health, the health 11
chief executive. 12
(b) the coroner-- 13
(i) considers the access is in the public 14
interest; and 15
(ii) to the extent practicable, has consulted 16
with and had regard to the views of a 17
family member of the deceased person. 18
Clause 41 Amendment of s 62 (Access to physical evidence) 19
Section 62, heading, after `evidence'-- 20
insert-- 21
by owner 22
Clause 42 Insertion of new s 62A 23
Part 3, division 5, after section 62-- 24
insert-- 25
62A Access to physical evidence exhibit 26
(1) This section applies if a person, other than the 27
owner of physical evidence, wants to access a 28
physical evidence exhibit. 29
Page 30
Justice and Other Legislation Amendment Bill 2013
Part 11 Amendment of Coroners Act 2003
[s 42]
(2) The person may access the physical evidence 1
exhibit only if-- 2
(a) the coroner has given consent for the access; 3
or 4
(b) access to the physical evidence exhibit is 5
necessary for the investigation or 6
prosecution of an offence relating to a death 7
and the person is-- 8
(i) a police officer; or 9
(ii) someone else authorised by a police 10
officer to access the exhibit for the 11
investigation or prosecution. 12
(3) The coroner may consent to a person having 13
access to a physical evidence exhibit only if-- 14
(a) the coroner is satisfied the person has a 15
sufficient interest in the physical evidence 16
exhibit; or 17
Example-- 18
A person with a sufficient interest in a physical 19
evidence exhibit might include a person at an 20
inquest who wants to access a physical evidence 21
exhibit to conduct a test on the exhibit. 22
(b) the coroner-- 23
(i) considers the access is in the public 24
interest; and 25
(ii) to the extent practicable, has consulted 26
with and had regard to the views of a 27
family member of the deceased person. 28
(4) In this section-- 29
physical evidence exhibit means an exhibit, other 30
than an investigation document, that was 31
tendered at an inquest held by a coroner. 32
Page 31
Justice and Other Legislation Amendment Bill 2013
Part 12 Amendment of Criminal Law (Rehabilitation of Offenders) Act 1986
[s 43]
Part 12 Amendment of Criminal Law 1
(Rehabilitation of Offenders) 2
Act 1986 3
Clause 43 Act amended 4
This part amends the Criminal Law (Rehabilitation of 5
Offenders) Act 1986. 6
Clause 44 Amendment of s 7 (Section 6 not applicable in certain 7
cases) 8
(1) Section 7(1)-- 9
insert-- 10
(e) a disclosure made under an Act of a record 11
kept by a court or tribunal or an official 12
record of a recording service. 13
(2) Section 7-- 14
insert-- 15
(3) In this section-- 16
official record, of a recording service, means a 17
record made under the Recording of Evidence Act 18
1962, section 4 by the recording service. 19
Part 13 Amendment of Dispute 20
Resolution Centres Act 1990 21
Clause 45 Act amended 22
This part amends the Dispute Resolution Centres Act 1990. 23
Page 32
Justice and Other Legislation Amendment Bill 2013
Part 13 Amendment of Dispute Resolution Centres Act 1990
[s 46]
Clause 46 Amendment of s 2 (Interpretation) 1
(1) Section 2, definitions council and member-- 2
omit. 3
(2) Section 2, definition mediator, paragraph (b), `section 19'-- 4
omit, insert-- 5
section 27AB 6
Clause 47 Omission of pt 2, hdg (Administration) 7
Part 2, heading-- 8
omit. 9
Clause 48 Omission of pt 2, div 1 (The council) 10
Part 2, division 1-- 11
omit. 12
Clause 49 Omission of pt 2, div 2, hdg (Staff of dispute resolution 13
centre) 14
Part 2, division 2, heading-- 15
omit. 16
Clause 50 Relocation and renumbering of ss 18-21 17
Sections 18 to 21-- 18
relocate and renumber in part 3, after section 27, as sections 27AA 19
to 27AD. 20
Clause 51 Insertion of new pt 3, div 1, hdg 21
Part 3, before section 22-- 22
insert-- 23
Page 33
Justice and Other Legislation Amendment Bill 2013
Part 13 Amendment of Dispute Resolution Centres Act 1990
[s 52]
Division 1 Establishment and 1
operation of dispute 2
resolution centres 3
Clause 52 Insertion of new pt 3, div 2, hdg 4
Part 3, immediately before section 27AA as relocated and 5
renumbered-- 6
insert-- 7
Division 2 Staff of dispute resolution 8
centres 9
Clause 53 Amendment of s 27AC (Staff) 10
Section 27AC, as relocated and renumbered, `section 19'-- 11
omit, insert-- 12
section 27AB 13
Clause 54 Amendment of s 35 (Exoneration from liability) 14
(1) Section 35(1)(a) and (b)-- 15
omit. 16
(2) Section 35(1)(c) and (d)-- 17
renumber as section 35(1)(a) and (b). 18
(3) Section 35(5), `of a member or'-- 19
omit. 20
(4) Section 35(5), `member or'-- 21
omit. 22
Clause 55 Amendment of s 37 (Secrecy) 23
(1) Section 37(2)(e), `the council'-- 24
omit, insert-- 25
Page 34
Justice and Other Legislation Amendment Bill 2013
Part 13 Amendment of Dispute Resolution Centres Act 1990
[s 56]
a director 1
(2) Section 37(9), definition relevant person, paragraphs (a) to 2
(f)-- 3
omit, insert-- 4
(a) a mediator; 5
(b) a director; 6
(c) a member of the staff of a dispute resolution 7
centre; 8
(d) a person making an evaluation under section 9
34, as in force at any time before its repeal; 10
(e) a person carrying out research for, or with 11
the approval of, a director. 12
Clause 56 Amendment of s 38 (Power to accept appointment) 13
(1) Section 38(1)(a) and (b)-- 14
omit, insert-- 15
(a) holding that office and also the office of a 16
mediator; or 17
(b) keeping remuneration payable to the holder 18
as a mediator. 19
(2) Section 38(2), from `member of the council' to `council or 20
a'-- 21
omit. 22
Clause 57 Insertion of new pt 6, hdg 23
After section 41-- 24
insert-- 25
Part 6 Transitional provisions 26
Page 35
Justice and Other Legislation Amendment Bill 2013
Part 13 Amendment of Dispute Resolution Centres Act 1990
[s 58]
Clause 58 Insertion of new pt 6, div 1, hdg 1
Immediately before section 42-- 2
insert-- 3
Division 1 Justice and Other 4
Legislation Amendment 5
Act 2008 6
Clause 59 Insertion of new pt 6, div 2 7
After section 42-- 8
insert-- 9
Division 2 Justice and Other 10
Legislation Amendment 11
Act 2013 12
43 Continuation of obligations about disclosure 13
of information 14
(1) Section 37, as in force immediately before the 15
commencement of this section, continues to 16
apply to each member of the former council, 17
despite the amendment of that section by the 18
Justice and Other Legislation Amendment Act 19
2013. 20
(2) In this section-- 21
former council means the council established 22
under part 2, division 1 as in force before the 23
commencement of this section. 24
Page 36
Justice and Other Legislation Amendment Bill 2013
Part 14 Amendment of District Court of Queensland Act 1967
[s 60]
Part 14 Amendment of District Court of 1
Queensland Act 1967 2
Clause 60 Act amended 3
This part amends the District Court of Queensland Act 1967. 4
Clause 61 Amendment of s 14 (Retirement of judges) 5
Section 14(2)-- 6
omit, insert-- 7
(2) Despite subsection (1)-- 8
(a) a judge who, before retiring, whether or not 9
because of subsection (1), starts the hearing 10
of a proceeding remains a judge for the 11
purposes of finishing the proceeding; and 12
(b) a retired District Court judge appointed to 13
act as a judge under section 17(3) remains a 14
judge until the judge's appointment ends. 15
Clause 62 Amendment of s 17 (Acting judge) 16
(1) Section 17(1), after `person'-- 17
insert-- 18
, other than a retired District Court judge, 19
(2) Section 17-- 20
insert-- 21
(3) The Governor in Council may by commission 22
appoint a retired District Court judge to act as a 23
judge-- 24
(a) for a period of not more than 2 years; and 25
(b) on a full-time or sessional basis. 26
Page 37
Justice and Other Legislation Amendment Bill 2013
Part 14 Amendment of District Court of Queensland Act 1967
[s 63]
(4) The Minister may recommend a retired District 1
Court judge for appointment under subsection (3) 2
only after consultation with the Chief Judge. 3
(5) An appointment under subsection (3) must not 4
extend beyond the day the retired District Court 5
judge reaches 78 years of age. 6
(6) A person appointed to act as a judge under this 7
section-- 8
(a) may be appointed more than once; and 9
(b) has, for the period and subject to the 10
conditions stated in the judge's commission, 11
the power and authority necessary to fulfil 12
the duties of a judge. 13
(7) Despite subsection (5), a retired District Court 14
judge who, before the judge's commission ends, 15
starts the hearing of a proceeding remains a judge 16
for the purposes of finishing the proceeding. 17
(8) In this section-- 18
retired District Court judge means a person 19
who-- 20
(a) has been a judge of the District Court; and 21
(b) has not reached 78 years of age. 22
Clause 63 Amendment of s 113 (Power of District Court on appeal 23
from Magistrates Court) 24
Section 113, from `Supreme Court' to `leave to appeal'-- 25
omit, insert-- 26
Court of Appeal has to hear an appeal 27
Clause 64 Insertion of new s 150 28
After section 149-- 29
insert-- 30
Page 38
Justice and Other Legislation Amendment Bill 2013
Part 15 Amendment of Domestic and Family Violence Protection Act 2012
[s 65]
150 Transitional provision for Justice and Other 1
Legislation Amendment Act 2013 2
Section 113, as amended by the Justice and Other 3
Legislation Amendment Act 2013, applies only to 4
actions, matters or proceedings commenced after the 5
commencement of the section. 6
Part 15 Amendment of Domestic and 7
Family Violence Protection Act 8
2012 9
Clause 65 Act amended 10
This part amends the Domestic and Family Violence 11
Protection Act 2012. 12
Clause 66 Replacement of s 48 (Temporary protection order in 13
relation to application for variation) 14
Section 48-- 15
omit, insert-- 16
48 Temporary protection order in relation to 17
application for variation 18
(1) This section applies if the court adjourns the 19
hearing of an application for a variation of a 20
domestic violence order (the first domestic 21
violence order). 22
(2) The court may make a temporary protection 23
order against a respondent only if the court is 24
satisfied that the temporary protection order is 25
necessary or desirable to protect the aggrieved, or 26
another person named in the first domestic 27
violence order, from domestic violence, pending 28
a decision on the application for the variation. 29
Page 39
Justice and Other Legislation Amendment Bill 2013
Part 15 Amendment of Domestic and Family Violence Protection Act 2012
[s 66]
(3) If the court makes a temporary protection order 1
under subsection (2), the first domestic violence 2
order is suspended. 3
(4) The suspension starts when the respondent is 4
served with a copy of the temporary protection 5
order or when the temporary protection order 6
otherwise becomes enforceable under section 7
177. 8
(5) The suspension ends, and the first domestic 9
violence order is revived-- 10
(a) when the court varies the first domestic 11
violence order and the varied order takes 12
effect under section 99; or 13
(b) when the court refuses to vary the first 14
domestic violence order and the respondent 15
is told about the refusal; or 16
(c) when the application for variation of the first 17
domestic violence order is withdrawn and 18
the respondent is told about the withdrawal. 19
(6) For subsection (5)(b) or (c), the respondent may 20
be told about the refusal or withdrawal-- 21
(a) if the respondent is present in court when 22
the refusal or withdrawal happens--by the 23
court; or 24
(b) otherwise--by a police officer. 25
(7) For subsection (6)(b), the respondent may be told 26
by a police officer about the refusal or 27
withdrawal in any way, including, for example, 28
by telephone, email, SMS message, a social 29
networking site or other electronic means. 30
(8) When the first domestic violence order is 31
revived-- 32
(a) it is enforceable against the respondent as if 33
it had never been suspended; and 34
Page 40
Justice and Other Legislation Amendment Bill 2013
Part 15 Amendment of Domestic and Family Violence Protection Act 2012
[s 67]
(b) despite anything in section 98, the 1
temporary protection order made under 2
subsection (2) ends. 3
Clause 67 Replacement of s 142 (Application of Uniform Civil 4
Procedure Rules 1999) 5
Section 142-- 6
omit, insert-- 7
142 Procedure for proceeding under this Act 8
(1) The Domestic and Family Violence Protection 9
Rules made under the Magistrates Courts Act 10
1921, section 57C apply for-- 11
(a) a proceeding in a court under this Act; or 12
(b) the registry of a court in relation to a 13
proceeding under this Act. 14
(2) The Uniform Civil Procedure Rules 1999 apply 15
to an appeal under this Act. 16
(3) To remove any doubt, it is declared that the 17
Childrens Court Rules 1997 and the Uniform 18
Civil Procedure Rules 1999 do not apply to a 19
proceeding in a court under this Act. 20
Clause 68 Amendment of pt 8, div 1 (Service) 21
Part 8, division 1, note-- 22
omit. 23
Page 41
Justice and Other Legislation Amendment Bill 2013
Part 16 Amendment of Electronic Transactions (Queensland) Act 2001
[s 69]
Part 16 Amendment of Electronic 1
Transactions (Queensland) Act 2
2001 3
Clause 69 Act amended 4
This part amends the Electronic Transactions (Queensland) 5
Act 2001. 6
Clause 70 Amendment of s 4 (Simplified outline) 7
Section 4-- 8
insert-- 9
(2) Chapter 2, part 4 contains provisions applying to 10
contracts involving electronic communications, 11
including provisions (relating to the internet in 12
particular) for the following-- 13
(a) an unaddressed proposal to form a contract 14
is to be regarded as an invitation to make 15
offers, rather than as an offer that if accepted 16
would result in a contract; 17
(b) a contract formed automatically is not 18
invalid, void or unenforceable because there 19
was no human review or intervention; 20
(c) a portion of an electronic communication 21
containing an input error can be withdrawn 22
in certain circumstances; 23
(d) the application of certain provisions of 24
chapter 2, parts 1 to 3 to contracts involving 25
electronic communications to the extent 26
they do not apply of their own force. 27
Clause 71 Amendment of s 7A (Act does not apply to particular 28
requirements etc.) 29
(1) Section 7A, heading `requirements'-- 30
Page 42
Justice and Other Legislation Amendment Bill 2013
Part 16 Amendment of Electronic Transactions (Queensland) Act 2001
[s 72]
omit, insert-- 1
transactions 2
(2) Section 7A, `requirement or permission'-- 3
omit, insert-- 4
transaction, requirement, permission, electronic 5
communication or other matter 6
(3) Section 7A-- 7
insert-- 8
(2) A regulation may provide that this Act does not 9
apply to a transaction, requirement, permission, 10
electronic communication or other matter not 11
mentioned in schedule 1. 12
(3) A regulation made under subsection (2) expires 1 13
year after the regulation is made. 14
Clause 72 Amendment of s 14 (Requirement for signature) 15
(1) Section 14(a), `approval of'-- 16
omit, insert-- 17
intention in relation to 18
(2) Section 14(b)-- 19
omit, insert-- 20
(b) the method used was either-- 21
(i) as reliable as appropriate for the 22
purposes for which the electronic 23
communication was generated or 24
communicated, having regard to all the 25
circumstances, including any relevant 26
agreement; or 27
(ii) proven in fact to have fulfilled the 28
functions described in paragraph (a), 29
by itself or together with further 30
evidence; and 31
Page 43
Justice and Other Legislation Amendment Bill 2013
Part 16 Amendment of Electronic Transactions (Queensland) Act 2001
[s 73]
(3) Section 14-- 1
insert-- 2
(2) The reference in subsection (1) to a law that 3
requires a signature includes a reference to a law 4
that provides consequences for the absence of a 5
signature. 6
Clause 73 Amendment of s 15 (Other particular laws not affected) 7
Section 15(c), `approval of'-- 8
omit, insert-- 9
intention in relation to 10
Clause 74 Replacement of ss 23 to 25 11
Sections 23 to 25-- 12
omit, insert-- 13
23 Time of dispatch 14
(1) Unless otherwise agreed between the originator 15
and the addressee of an electronic 16
communication, the time of dispatch of the 17
electronic communication is-- 18
(a) the time when the electronic communication 19
leaves an information system under the 20
control of the originator or of the party who 21
sent it on behalf of the originator; or 22
(b) if the electronic communication has not left 23
an information system under the control of 24
the originator or of the party who sent it on 25
behalf of the originator--the time the 26
electronic communication is received by the 27
addressee. 28
(2) Subsection (1) applies even though the place the 29
information system supporting an electronic 30
address is located may be different from the place 31
Page 44
Justice and Other Legislation Amendment Bill 2013
Part 16 Amendment of Electronic Transactions (Queensland) Act 2001
[s 74]
the electronic communication is taken to have 1
been dispatched under section 25. 2
24 Time of receipt 3
(1) Unless otherwise agreed between the originator 4
and the addressee of an electronic 5
communication-- 6
(a) the time of receipt of the electronic 7
communication is the time the electronic 8
communication becomes capable of being 9
retrieved by the addressee at an electronic 10
address designated by the addressee; or 11
(b) the time of receipt of the electronic 12
communication at another electronic 13
address of the addressee is the time when 14
both-- 15
(i) the electronic communication has 16
become capable of being retrieved by 17
the addressee at that address; and 18
(ii) the addressee has become aware that 19
the electronic communication has been 20
sent to that address. 21
(2) For subsection (1), unless otherwise agreed 22
between the originator and the addressee of the 23
electronic communication, it is to be assumed 24
that the electronic communication is capable of 25
being retrieved by the addressee when it reaches 26
the addressee's electronic address. 27
(3) Subsection (1) applies even though the place the 28
information system supporting an electronic 29
address is located may be different from the place 30
the electronic communication is taken to have 31
been received under section 25. 32
Page 45
Justice and Other Legislation Amendment Bill 2013
Part 16 Amendment of Electronic Transactions (Queensland) Act 2001
[s 74]
25 Place of dispatch and receipt 1
(1) Unless otherwise agreed between the originator 2
and the addressee of an electronic 3
communication-- 4
(a) the electronic communication is taken to 5
have been dispatched at the place the 6
originator has its place of business; and 7
(b) the electronic communication is taken to 8
have been received at the place the 9
addressee has its place of business. 10
(2) For the application of subsection (1) to an 11
electronic communication-- 12
(a) a party's place of business is assumed to be 13
the location indicated by the party, unless 14
another party demonstrates the party making 15
the indication does not have a place of 16
business at that location; and 17
(b) if a party has not indicated a place of 18
business and has only one place of business, 19
it is to be assumed that place is the party's 20
place of business; and 21
(c) if a party has not indicated a place of 22
business and has more than one place of 23
business, the place of business is that which 24
has the closest relationship to the underlying 25
transaction, having regard to the 26
circumstances known to or contemplated by 27
the parties at any time before or at the 28
conclusion of the transaction; and 29
(d) if a party has not indicated a place of 30
business and has more than one place of 31
business, but paragraph (c) does not 32
apply--it is to be assumed the party's 33
principal place of business is the party's 34
only place of business; and 35
Page 46
Justice and Other Legislation Amendment Bill 2013
Part 16 Amendment of Electronic Transactions (Queensland) Act 2001
[s 75]
(e) if a party is an individual and does not have 1
a place of business--it is to be assumed the 2
party's place of business is the place of the 3
party's habitual residence. 4
(3) A location is not a place of business merely 5
because that is-- 6
(a) where equipment and technology supporting 7
an information system used by a party are 8
located; or 9
(b) where the information system may be 10
accessed by other parties. 11
(4) The sole fact that a party makes use of a domain 12
name or electronic mail address connected to a 13
specific country does not create a presumption 14
that its place of business is located in that 15
country. 16
Clause 75 Insertion of new ch 2, pt 4 17
Chapter 2, after section 26-- 18
insert-- 19
Part 4 Additional provisions 20
applying to contracts 21
involving electronic 22
communication 23
26A Application and operation of this part 24
This part applies to the use of electronic 25
communications in connection with the formation or 26
performance of a contract between parties where the 27
proper law of the contract is (or would on its 28
formation be) under the State law, and so applies-- 29
(a) whether some or all of the parties are 30
located within Australia or elsewhere; and 31
Page 47
Justice and Other Legislation Amendment Bill 2013
Part 16 Amendment of Electronic Transactions (Queensland) Act 2001
[s 75]
(b) whether the contract is for business 1
purposes, for personal, family or household 2
purposes, or for other purposes. 3
26B Invitation to treat regarding contracts 4
(1) A proposal to form a contract made through one 5
or more electronic communications that-- 6
(a) is not addressed to one or more specific 7
parties; and 8
(b) is generally accessible to parties making use 9
of information systems; 10
is to be considered as an invitation to make 11
offers, unless it clearly indicates the intention of 12
the party making the proposal to be bound in case 13
of acceptance. 14
(2) Subsection (1) extends to proposals that make 15
use of interactive applications for the placement 16
of orders through information systems. 17
26C Use of automated message system for 18
contract formation--non-intervention of 19
individual 20
A contract formed by-- 21
(a) the interaction of an automated message 22
system and an individual; or 23
(b) the interaction of automated message 24
systems; 25
is not invalid, void or unenforceable on the sole 26
ground that no individual reviewed or intervened in 27
each of the individual actions carried out by the 28
automated message systems or the resulting contract. 29
Page 48
Justice and Other Legislation Amendment Bill 2013
Part 16 Amendment of Electronic Transactions (Queensland) Act 2001
[s 75]
26D Error in electronic communication regarding 1
contracts 2
(1) This section applies in relation to a statement, 3
declaration, demand, notice or request, including 4
an offer and the acceptance of an offer, that the 5
parties are required to make or choose to make in 6
connection with the formation or performance of 7
a contract. 8
(2) If-- 9
(a) an individual makes an input error in an 10
electronic communication exchanged with 11
the automated message system of another 12
party; and 13
(b) the automated message system does not 14
provide the person with an opportunity to 15
correct the error; 16
the person, or the party on whose behalf the 17
person was acting, has the right to withdraw the 18
portion of the electronic communication in which 19
the input error was made if-- 20
(c) the person, or the party on whose behalf the 21
person was acting, notifies the other party of 22
the error as soon as possible after having 23
learned of the error and indicates that the 24
person made an error in the electronic 25
communication; and 26
(d) the person, or the party on whose behalf the 27
person was acting, has not used or received 28
any material benefit or value from the goods 29
or services, if any, received from the other 30
party. 31
(3) The right of withdrawal of a portion of an 32
electronic communication under this section is 33
not of itself a right to rescind or otherwise 34
terminate a contract. 35
Page 49
Justice and Other Legislation Amendment Bill 2013
Part 16 Amendment of Electronic Transactions (Queensland) Act 2001
[s 76]
(4) The consequences (if any) of the exercise of the 1
right of withdrawal of a portion of an electronic 2
communication under this section are to be 3
determined in accordance with any applicable 4
rule of law. 5
26E Application of Act in relation to contracts 6
(1) Subject to subsection (2), sections 8 and 23 to 25 7
apply to-- 8
(a) a transaction constituted by or relating to a 9
contract; or 10
(b) an electronic communication relating to the 11
formation of a performance of a contract; 12
in the same way as they apply to a transaction or 13
electronic communication referred to in those 14
provisions. 15
(2) However, this part (including subsection (1)) 16
does not apply to or in relation to a contract to the 17
extent that-- 18
(a) parts 1 to 3 would of their own force have 19
the same effect as this part if this part 20
applied; or 21
(b) a law of another State (that is in 22
substantially the same terms as parts 1 to 3) 23
would of its own force have the same effect 24
as this part if this part applied. 25
Clause 76 Insertion of new ch 4 26
After section 27-- 27
insert-- 28
Page 50
Justice and Other Legislation Amendment Bill 2013
Part 16 Amendment of Electronic Transactions (Queensland) Act 2001
[s 77]
Chapter 4 Transitional 1
provision 2
28 Transitional provision for Justice and Other 3
Legislation Amendment Act 2013 4
(1) Subject to subsection (2)-- 5
(a) section 26B extends to proposals made 6
before the commencement; and 7
(b) section 26C extends to interactions carried 8
out before the commencement; and 9
(c) section 26D extends to statements, 10
declarations, demands, notices or requests, 11
including offers and acceptance of offers, 12
made or given before the commencement. 13
(2) Subsection (1) and chapter 2, part 4 do not apply 14
in relation to contracts formed before the 15
commencement. 16
(3) In this section-- 17
commencement means the commencement of 18
this section. 19
Clause 77 Amendment of sch 1 (Excluded requirements and 20
permissions) 21
(1) Schedule 1, heading, `requirements and permissions'-- 22
omit, insert-- 23
transactions 24
(2) Schedule 1-- 25
insert-- 26
8 transactions on a regulated exchange 27
9 foreign exchange transactions 28
Page 51
Justice and Other Legislation Amendment Bill 2013
Part 16 Amendment of Electronic Transactions (Queensland) Act 2001
[s 78]
10 inter-bank payment systems, agreements or 1
clearance and settlement systems relating to 2
securities or other financial assets or instruments 3
11 the transfer of security rights in the sale, loan or 4
holding of or agreement to repurchase securities 5
or other financial assets or instruments held with 6
an intermediary 7
12 bills of exchange 8
13 promissory notes 9
14 consignment notes 10
15 bills of lading 11
16 warehouse receipts 12
17 any transferable document or other instrument 13
that entitles the bearer or beneficiary to claim the 14
delivery of goods or payment of a sum of money 15
Clause 78 Amendment of sch 2 (Dictionary) 16
(1) Schedule 2, definitions place of business and transaction-- 17
omit. 18
(2) Schedule 2-- 19
insert-- 20
addressee, of an electronic communication, 21
means a person who is intended by the originator 22
to receive the electronic communication, but does 23
not include a person acting as an intermediary for 24
the electronic communication. 25
automated message system means a computer 26
program or an electronic or other automated 27
means used to initiate an action or respond to 28
data messages in whole or in part, without review 29
or intervention by an individual each time an 30
action is initiated or a response is generated by 31
the system. 32
Page 52
Justice and Other Legislation Amendment Bill 2013
Part 16 Amendment of Electronic Transactions (Queensland) Act 2001
[s 78]
originator, of an electronic communication, 1
means a person by whom, or on whose behalf, 2
the electronic communication has been sent or 3
generated before storage, if any, but does not 4
include a person acting as an intermediary for the 5
electronic communication. 6
performance, of a contract, includes 7
non-performance of the contract. 8
place of business means-- 9
(a) in relation to a person, other than an entity 10
referred to in paragraph (b)--a place where 11
the person maintains a non-transitory 12
establishment to pursue an economic 13
activity other than the temporary provision 14
of goods or services out of a specific 15
location; or 16
(b) in relation to a government, an authority of a 17
government or a non-profit body--a place 18
where any operations or activities are 19
carried out by that government, authority or 20
body. 21
transaction includes-- 22
(a) any transaction in the nature of a contract, 23
agreement or other arrangement; and 24
(b) any statement, declaration, demand, notice 25
or request, including an offer and the 26
acceptance of an offer, that the parties are 27
required to make or choose to make in 28
connection with the formation or 29
performance of a contract, agreement or 30
other arrangement; and 31
(c) any transaction of a non-commercial nature. 32
Page 53
Justice and Other Legislation Amendment Bill 2013
Part 17 Amendment of Evidence Act 1977
[s 79]
Part 17 Amendment of Evidence Act 1
1977 2
Clause 79 Act amended 3
This part amends the Evidence Act 1977. 4
Clause 80 Amendment of s 7 (Parties, their wives and husbands as 5
witnesses) 6
Section 7-- 7
insert-- 8
(3) To remove any doubt, it is declared for 9
subsections (1) and (2) that a party to a 10
proceeding includes a person who is the subject 11
of an inquiry, reference or examination. 12
Part 18 Amendment of Guardianship 13
and Administration Act 2000 14
Clause 81 Act amended 15
This part amends the Guardianship and Administration Act 16
2000. 17
Clause 82 Amendment of s 218 (Acting public advocate) 18
(1) Section 218, `Governor in Council'-- 19
omit, insert-- 20
Minister 21
(2) Section 218-- 22
(2) A person appointed under subsection (1) may be 23
appointed for a period of not more than 6 months. 24
Page 54
Justice and Other Legislation Amendment Bill 2013
Part 19 Amendment of Information Privacy Act 2009
[s 83]
Clause 83 Amendment of s 231 (Appointment) 1
Section 231(2), `or part-time'-- 2
omit, insert-- 3
, part-time or casual 4
Part 19 Amendment of Information 5
Privacy Act 2009 6
Clause 84 Act amended 7
This part amends the Information Privacy Act 2009. 8
Clause 85 Amendment of s 127 (Vexatious applicants) 9
(1) Section 127(6)-- 10
renumber as section 127(8). 11
(2) Section 127-- 12
insert-- 13
(6) The commissioner may publish-- 14
(a) a declaration and the reasons for making the 15
declaration; and 16
(b) a decision not to make a declaration and the 17
reasons for the decision. 18
(7) The commissioner may publish the name of a 19
person the subject of a declaration under 20
subsection (1) when publishing the declaration 21
and the reasons for making it. 22
Page 55
Justice and Other Legislation Amendment Bill 2013
Part 20 Amendment of Judges (Pensions and Long Leave) Act 1957
[s 86]
Part 20 Amendment of Judges 1
(Pensions and Long Leave) Act 2
1957 3
Clause 86 Act amended 4
This part amends the Judges (Pensions and Long Leave) Act 5
1957. 6
Clause 87 Amendment of s 2A (Length of service if previously an 7
acting judge or master in Queensland) 8
Section 2A(a) and (b)-- 9
omit, insert-- 10
(a) an acting Supreme Court judge, other than 11
service as a retired acting Supreme Court 12
judge; 13
(b) an acting District Court judge, other than 14
service as a retired acting District Court 15
judge; 16
Clause 88 Amendment of s 2C (Minimum benefit payable) 17
Section 2C(4)-- 18
insert-- 19
acting District Court judge includes a retired 20
acting District Court judge. 21
acting Supreme Court judge includes a retired 22
acting Supreme Court judge. 23
Clause 89 Amendment of schedule (Dictionary) 24
Schedule-- 25
insert-- 26
Page 56
Justice and Other Legislation Amendment Bill 2013
Part 21 Amendment of Judicial Remuneration Act 2007
[s 90]
retired acting District Court judge means a 1
retired District Court judge appointed to act as a 2
judge under the District Court of Queensland Act 3
1967, section 17(3). 4
retired acting Supreme Court judge means a 5
retired Supreme Court judge appointed to act as a 6
judge under the Supreme Court of Queensland 7
Act 1991, section 6(1), (2) or (4). 8
Part 21 Amendment of Judicial 9
Remuneration Act 2007 10
Clause 90 Act amended 11
This part amends the Judicial Remuneration Act 2007. 12
Clause 91 Insertion of new s 5A 13
After section 5-- 14
insert-- 15
5A Retired acting Supreme Court judge 16
(1) A retired acting Supreme Court judge appointed 17
to act as a judge on a full-time basis is entitled to 18
be paid, for a financial year, an amount 19
equivalent to the amount payable to a Supreme 20
Court judge under sections 5 and 21, less the 21
amount the retired judge receives as a pension. 22
(2) A retired acting Supreme Court judge appointed 23
to act as a judge on a sessional basis is entitled to 24
be paid an amount decided by the Governor in 25
Council and stated in the judge's commission of 26
appointment as a judge. 27
Page 57
Justice and Other Legislation Amendment Bill 2013
Part 21 Amendment of Judicial Remuneration Act 2007
[s 92]
(3) The amount decided under subsection (2) must 1
not be less than the amount worked out using the 2
formula-- 3
A=B-C 4
where-- 5
A is the minimum amount that a retired judge is 6
entitled to be paid. 7
B is the amount a Supreme Court judge would be 8
entitled to be paid, on a pro rata basis, under 9
sections 5 and 21 for the same period the retired 10
judge sits as a judge. 11
C is the amount the retired judge receives as a 12
pension for the period the retired judge sits as a 13
judge. 14
Note-- 15
For the remuneration of an acting judge who is not a 16
retired acting Supreme Court judge, see the Supreme 17
Court of Queensland Act 1991, section 6(9). 18
(4) In this section-- 19
retired acting Supreme Court judge means a 20
retired Supreme Court judge appointed to act as a 21
judge under the Supreme Court of Queensland 22
Act 1991, section 6(1), (2) or (4). 23
Clause 92 Amendment of s 9 (District Court judge other than the 24
Chief Judge) 25
(1) Section 9, heading, after `Judge'-- 26
insert-- 27
or retired acting District Court judge 28
(2) Section 9, `Chief Judge,'-- 29
omit, insert-- 30
Chief Judge or a retired acting District Court judge, 31
Page 58
Justice and Other Legislation Amendment Bill 2013
Part 21 Amendment of Judicial Remuneration Act 2007
[s 93]
Clause 93 Insertion of new s 9A 1
After section 9-- 2
insert-- 3
9A Retired acting District Court judge 4
(1) A retired acting District Court judge appointed to 5
act as a judge on a full-time basis is entitled to be 6
paid, for a financial year, an amount equivalent to 7
the amount payable to a District Court judge 8
under sections 9 and 21, less the amount the 9
retired judge receives as a pension. 10
(2) A retired acting District Court judge appointed to 11
act as a judge on a sessional basis is entitled to be 12
paid an amount decided by the Governor in 13
Council and stated in the judge's commission of 14
appointment as a judge. 15
(3) The amount decided under subsection (2) must 16
not be less than the amount worked out using the 17
formula-- 18
A=B-C 19
where-- 20
A is the minimum amount that a retired judge is 21
entitled to be paid. 22
B is the amount a District Court judge would be 23
entitled to be paid, on a pro rata basis, under 24
sections 9 and 21 for the same period the retired 25
judge sits as a judge. 26
C is the amount the retired judge receives as a 27
pension for the period the retired judge sits as a 28
judge. 29
Clause 94 Amendment of sch 2 (Dictionary) 30
Schedule 2-- 31
insert-- 32
Page 59
Justice and Other Legislation Amendment Bill 2013
Part 22 Amendment of Justices Act 1886
[s 95]
pension means a pension under the Judges 1
(Pensions and Long Leave) Act 1957. 2
retired acting District Court judge means a 3
retired District Court judge appointed to act as a 4
judge under the District Court of Queensland Act 5
1967, section 17(3). 6
Part 22 Amendment of Justices Act 7
1886 8
Clause 95 Act amended 9
This part amends the Justices Act 1886. 10
Clause 96 Amendment of s 104 (Proceedings upon an examination 11
of witnesses in relation to an indictable offence) 12
Section 104(5), `crown solicitor'-- 13
omit, insert-- 14
director of public prosecutions 15
Clause 97 Amendment of s 154 (Copies of record) 16
(1) Section 154-- 17
insert-- 18
(5A) The Minister may delegate the Minister's power 19
under subsection (2) to the chief executive. 20
(5B) The chief executive may subdelegate the 21
Minister's power delegated to the chief executive 22
under subsection (6) to an appropriately qualified 23
officer or employee of the department. 24
(2) Section 154(6)-- 25
Page 60
Justice and Other Legislation Amendment Bill 2013
Part 23 Amendment of Justices of the Peace and Commissioners for Declarations Act 1991
[s 98]
insert-- 1
appropriately qualified, for an officer or 2
employee to whom the Minister's power may be 3
subdelegated, includes having the qualifications, 4
experience or standing appropriate for the power. 5
Example of standing for an officer or employee of a 6
department-- 7
the officer or employee's classification level in the 8
department 9
(3) Section 154(5A) to (6)-- 10
renumber as section 154(6) to (8). 11
Part 23 Amendment of Justices of the 12
Peace and Commissioners for 13
Declarations Act 1991 14
Clause 98 Act amended 15
This part amends the Justices of the Peace and Commissioners 16
for Declarations Act 1991. 17
Clause 99 Amendment of s 3 (Interpretation) 18
Section 3, definition contact details, after `number'-- 19
insert-- 20
, email address (if any) 21
Clause 100 Amendment of s 13 (Register of justices of the peace and 22
commissioners for declarations) 23
(1) Section 13(2)-- 24
omit, insert-- 25
Page 61
Justice and Other Legislation Amendment Bill 2013
Part 23 Amendment of Justices of the Peace and Commissioners for Declarations Act 1991
[s 101]
(2) The register-- 1
(a) may be in hard copy or electronic form; and 2
(b) must state, for each person who is a justice 3
of the peace or commissioner for 4
declarations-- 5
(i) the person's name and contact details; 6
and 7
(ii) the person's particulars of 8
appointment; and 9
(c) must be kept available for inspection under 10
section 38A at each office of the registrar. 11
(2) Section 13(3)-- 12
omit. 13
Clause 101 Amendment of s 21 (Registration of justices of the peace 14
and commissioners for declarations) 15
(1) Section 21(1), `subsection (7)'-- 16
omit, insert-- 17
subsection (8) 18
(2) Section 21(6) and (7)-- 19
renumber as section 21(7) and (8). 20
(3) Section 21-- 21
insert-- 22
(6) However, the registrar is not required to notify 23
the appointment and registration of a person 24
under subsection (5) if the registrar considers 25
withholding notification is necessary to protect 26
the safety or wellbeing of the person or a relative 27
of the person. 28
Examples of persons for whom the registrar may consider 29
withholding notification is necessary-- 30
Page 62
Justice and Other Legislation Amendment Bill 2013
Part 23 Amendment of Justices of the Peace and Commissioners for Declarations Act 1991
[s 102]
· a person, or a relative of the person, whose 1
occupation involves the administration or 2
enforcement of the law, for example, a police officer, 3
inspector or corrective services officer 4
· a person who has reasonably held concerns for the 5
safety or wellbeing of the person, or a relative, 6
because of domestic violence or the commission of 7
an offence 8
Clause 102 Amendment of s 38 (Publication of office holders) 9
Section 38(2), `section 13(3)'-- 10
omit, insert-- 11
section 38A(3) 12
Clause 103 Insertion of new s 38A 13
After section 38-- 14
insert-- 15
38A Access to register 16
(1) A person may apply to the registrar to inspect the 17
register. 18
(2) The registrar may grant the application only if the 19
registrar considers the applicant has a sufficient 20
interest in inspecting the register. 21
(3) The registrar may withhold from inspection the 22
contact details of a person who is a justice of the 23
peace or commissioner for declarations if the 24
registrar considers it necessary to protect the 25
safety or wellbeing of the person or a relative of 26
the person. 27
Examples of persons for whom the registrar may consider it 28
necessary to protect the safety or wellbeing-- 29
· a person, or a relative of the person, whose 30
occupation involves the administration or 31
enforcement of the law, for example, a police officer, 32
inspector or corrective services officer 33
Page 63
Justice and Other Legislation Amendment Bill 2013
Part 24 Amendment of Land Court Act 2000
[s 104]
· a person who has reasonably held concerns for the 1
safety or wellbeing of the person, or a relative, 2
because of domestic violence or the commission of 3
an offence 4
Part 24 Amendment of Land Court Act 5
2000 6
Clause 104 Act amended 7
This part amends the Land Court Act 2000. 8
Clause 105 Amendment of s 5 (Jurisdiction of Land Court) 9
Section 5(1) and (2), `an Act'-- 10
omit, insert-- 11
this Act or another Act 12
Clause 106 Insertion of new s 7B 13
Before section 8-- 14
insert-- 15
7B Land Court order may be enforced in Supreme 16
Court 17
(1) An order of the Land Court may be made an 18
order of the Supreme Court and enforced in the 19
Supreme Court. 20
(2) For subsection (1), it is enough to file the order in 21
the Supreme Court. 22
Clause 107 Amendment of s 12 (Power to rehear matters) 23
Section 12(2), `by the court'-- 24
Page 64
Justice and Other Legislation Amendment Bill 2013
Part 24 Amendment of Land Court Act 2000
[s 108]
omit, insert-- 1
, unless a longer period is allowed by the court 2
Clause 108 Amendment of s 14 (Single member to constitute Land 3
Court) 4
Section 14, `an Act'-- 5
omit, insert-- 6
this Act or another Act 7
Clause 109 Amendment of s 31 (Rehearing after judicial registrar's 8
decision) 9
(1) Section 31(2)-- 10
renumber as section 31(3). 11
(2) Section 31-- 12
insert-- 13
(2) The party must apply to have the matter reheard 14
within 42 days after the order containing the 15
decision of the judicial registrar is made, unless a 16
longer period is allowed by the court. 17
Clause 110 Amendment of s 32 (Judicial registrar may exercise 18
certain judicial or quasi-judicial powers) 19
Section 32(1), `an Act'-- 20
omit, insert-- 21
this Act or another Act 22
Clause 111 Amendment, relocation and renumbering of s 32J (Land 23
Court has power of the Supreme Court for particular 24
purposes) 25
(1) Section 32J, heading, `for particular purposes'-- 26
omit. 27
Page 65
Justice and Other Legislation Amendment Bill 2013
Part 24 Amendment of Land Court Act 2000
[s 112]
(2) Section 32J(1)-- 1
omit. 2
(3) Section 32J(2), `an Act'-- 3
omit, insert-- 4
this Act or another Act 5
(4) Section 32J(6) to (9)-- 6
omit, insert-- 7
(6) Subsection (1) has effect subject to-- 8
(a) another provision of this Act; and 9
(b) a provision of another Act under which 10
jurisdiction is conferred on the Land Court. 11
(5) Section 32J, as amended-- 12
relocate and renumber as section 7A(1) to (5). 13
Clause 112 Amendment of s 34 (Costs) 14
Section 34(3) to (6)-- 15
omit. 16
Clause 113 Amendment of s 36 (Preliminary conference) 17
(1) Section 36(1), from `hearing' to `proceeding'-- 18
omit, insert-- 19
may arrange for each party to a proceeding 20
(2) Section 36(7), `hearing or'-- 21
omit. 22
Clause 114 Amendment of s 48 (Registrar, deputy registrars and 23
other officers) 24
Section 48(1)-- 25
Page 66
Justice and Other Legislation Amendment Bill 2013
Part 24 Amendment of Land Court Act 2000
[s 115]
omit, insert-- 1
(1) There is to be a registrar of the Land Court. 2
Clause 115 Amendment of s 52 (Court records) 3
Section 52(2)-- 4
omit. 5
Clause 116 Amendment of s 54 (Jurisdiction of Land Appeal Court) 6
Section 54, `an Act'-- 7
omit, insert-- 8
this Act or another Act 9
Clause 117 Amendment of s 61 (President decides members for Land 10
Appeal Court) 11
Section 61, `an Act'-- 12
omit, insert-- 13
this Act or another Act 14
Clause 118 Amendment of s 65 (Notice of appeal) 15
(1) Section 65(3)-- 16
renumber as section 65(4). 17
(2) Section 65-- 18
insert-- 19
(3) The court may extend the period for serving the 20
notice of appeal under subsection (1). 21
Page 67
Justice and Other Legislation Amendment Bill 2013
Part 25 Amendment of Legal Aid Queensland Act 1997
[s 119]
Part 25 Amendment of Legal Aid 1
Queensland Act 1997 2
Clause 119 Act amended 3
This part amends the Legal Aid Queensland Act 1997. 4
Note-- 5
See also the amendments in schedule 1. 6
Clause 120 Amendment of s 19 (How Legal Aid may enforce a 7
condition of an approval) 8
Section 19(2), from `Legal Aid agent' to `agent's'-- 9
omit, insert-- 10
Legal Aid service provider under a condition of 11
approval for legal assistance, the service provider, 12
with Legal Aid's written approval, may start a 13
proceeding in the service provider's 14
Clause 121 Amendment of s 46 (Power to enter into legal assistance 15
arrangements and other agreements) 16
Section 46(4), `as Legal Aid's agent'-- 17
omit. 18
Clause 122 Omission of s 81 (Legal Aid not liable for particular acts 19
or omissions of Legal Aid agents) 20
Section 81-- 21
omit. 22
Clause 123 Amendment of sch (Dictionary) 23
(1) Schedule, definition Legal Aid agent-- 24
omit. 25
Page 68
Justice and Other Legislation Amendment Bill 2013
Part 26 Amendment of Legal Profession Act 2007
[s 124]
(2) Schedule-- 1
insert-- 2
Legal Aid service provider means an entity with 3
whom Legal Aid has entered into an agreement 4
under section 46(4). 5
Part 26 Amendment of Legal 6
Profession Act 2007 7
Clause 124 Act amended 8
This part amends the Legal Profession Act 2007. 9
Clause 125 Amendment of s 662 (Administrative support of the 10
board) 11
(1) Section 662 heading, `of the board'-- 12
omit, insert-- 13
and legal services 14
(2) Section 662(2)-- 15
renumber as section 662(3). 16
(3) Section 662-- 17
insert-- 18
(2) An Australian legal practitioner employed by the 19
law society may provide legal services to the 20
board if it is a condition of the practitioner's 21
employment to do so. 22
(4) Section 662(3), as renumbered, before `administrative'-- 23
insert-- 24
legal services and 25
Page 69
Justice and Other Legislation Amendment Bill 2013
Part 26 Amendment of Legal Profession Act 2007
[s 126]
Clause 126 Insertion of new s 662A 1
Chapter 7, part 7.5, division 3, after section 662-- 2
insert-- 3
662A Australian legal practitioner does not breach 4
practising certificate by providing legal 5
service to board 6
(1) This section applies to an Australian legal 7
practitioner who-- 8
(a) is employed by the law society and, as a 9
condition of that employment, is required to 10
provide legal services to the board; and 11
(b) has as a condition of the practitioner's 12
practising certificate a requirement not to 13
engage in legal practice other than providing 14
in-house legal services under section 15
353(2)(b). 16
(2) The Australian legal practitioner does not fail to 17
comply with the condition on the practitioner's 18
legal practising certificate merely by providing 19
legal services to the board in the course of the 20
practitioner's employment by the law society. 21
Clause 127 Insertion of new ch 10, pt 4 22
After section 778-- 23
insert-- 24
Page 70
Justice and Other Legislation Amendment Bill 2013
Part 27 Amendment of Magistrates Act 1991
[s 128]
Part 4 Transitional provision 1
for Justice and Other 2
Legislation 3
Amendment Act 2013 4
779 Application of amendments made by Justice 5
and Other Legislation Amendment Act 2013 6
(1) This section applies if, before the 7
commencement of this section, an Australian 8
legal practitioner employed by the law society 9
provided legal services to the board. 10
(2) Section 662A(2) applies to the Australian legal 11
practitioner in providing the services as if the 12
services had been provided after the 13
commencement. 14
Part 27 Amendment of Magistrates Act 15
1991 16
Clause 128 Act amended 17
This part amends the Magistrates Act 1991. 18
Clause 129 Amendment of s 5 (Appointment of magistrates) 19
Section 5(7)-- 20
omit, insert-- 21
(7) The Governor in Council may appoint 1 or more 22
magistrates as a Deputy Chief Magistrate. 23
Page 71
Justice and Other Legislation Amendment Bill 2013
Part 27 Amendment of Magistrates Act 1991
[s 130]
Clause 130 Amendment of s 5A (Appointment of acting Deputy Chief 1
Magistrate) 2
(1) Section 5A(1)-- 3
omit, insert-- 4
(1) This section applies if-- 5
(a) a Deputy Chief Magistrate's position is 6
vacant; or 7
(b) a Deputy Chief Magistrate is not available to 8
perform the functions of a Deputy Chief 9
Magistrate, because of absence or another 10
reason. 11
(2) Section 5A(2), `the Deputy Chief Magistrate'-- 12
omit, insert-- 13
a Deputy Chief Magistrate 14
Clause 131 Amendment of s 11 (District Court judge appointed as 15
Chief Magistrate) 16
(1) Section 11(5) to (7)-- 17
renumber as section 11(6) to (8). 18
(2) Section 11-- 19
insert-- 20
(5) The Chief Magistrate may exercise, throughout 21
the State, all the jurisdiction, powers and 22
functions conferred on a magistrate, by or under 23
any law of the State. 24
Clause 132 Amendment of s 12 (Functions of Chief Magistrate) 25
(1) Section 12(2)(a) to (e)-- 26
omit, insert-- 27
(a) deciding the magistrates who are to 28
constitute the Magistrates Courts at 29
Page 72
Justice and Other Legislation Amendment Bill 2013
Part 27 Amendment of Magistrates Act 1991
[s 132]
particular places appointed under the 1
Justices Act 1886, section 22B(1)(c) or who 2
are to perform particular functions; and 3
(b) giving directions about the practices and 4
procedures of Magistrates Courts, 5
magistrates or about particular functions of 6
a magistrate; and 7
(c) deciding the magistrates who are to exercise 8
the jurisdiction and powers of Magistrates 9
Courts in particular matters or particular 10
classes of matters; and 11
(d) allocating the functions to be exercised by 12
particular magistrates and deciding how the 13
functions are to be exercised; and 14
(e) deciding the days, places and times for 15
constituting a Magistrates Court at a place; 16
and 17
(f) nominating a magistrate to be a supervising 18
magistrate or a coordinating magistrate for 19
the purpose of allocating the work of a 20
Magistrates Court; and 21
(g) nominating a Deputy Chief Magistrate to act 22
as the Chief Magistrate under section 14(b); 23
and 24
(h) giving directions to an acting magistrate or 25
acting judicial registrar about when the 26
person is to carry out the duties of office of a 27
magistrate or judicial registrar during the 28
person's period of appointment. 29
(2) Section 12(3) to (4)-- 30
renumber as section 12(5) to (7). 31
(3) Section 12-- 32
insert-- 33
Page 73
Justice and Other Legislation Amendment Bill 2013
Part 27 Amendment of Magistrates Act 1991
[s 133]
(3) Also, for the Childrens Court Act 1992, section 1
5(3)(b) or (c), the Chief Magistrate is responsible 2
for deciding the magistrates or other persons who 3
are to constitute the Childrens Court at particular 4
places and times under that Act. 5
(4) Also, the Chief Magistrate is responsible for 6
directing magistrates to undertake professional 7
development and continuing education and 8
training. 9
(4) Section 12(6), as renumbered-- 10
omit, insert-- 11
(6) The Chief Magistrate may delegate the Chief 12
Magistrate's powers under subsection (2)(c), (d), 13
(e) or (h) to-- 14
(a) a Deputy Chief Magistrate; or 15
(b) another magistrate appointed on a full-time 16
basis. 17
(5) Section 12(7), as renumbered, `subsection (2)(a) and (c)'-- 18
omit, insert-- 19
subsections (2)(a), (c) and (d) and (4) 20
(6) Section 12-- 21
insert-- 22
(8) In subsection (2)(a), (c) and (d), a reference to 23
magistrates includes a reference to justices of the 24
peace constituting a Magistrates Court. 25
Clause 133 Amendment of s 13 (Deputy Chief Magistrate) 26
(1) Section 13(1), `The Deputy Chief Magistrate'-- 27
omit, insert-- 28
A Deputy Chief Magistrate 29
(2) Section 13(2), `the Deputy Chief Magistrate'-- 30
Page 74
Justice and Other Legislation Amendment Bill 2013
Part 27 Amendment of Magistrates Act 1991
[s 134]
omit, insert-- 1
a Deputy Chief Magistrate 2
Clause 134 Amendment of s 14 (Functions of Deputy Chief 3
Magistrate) 4
(1) Section 14, `The Deputy Chief Magistrate'-- 5
omit, insert-- 6
A Deputy Chief Magistrate 7
(2) Section 14(b), before `may'-- 8
insert-- 9
if the magistrate is nominated under section 12(2)(g), 10
Clause 135 Amendment of s 17 (Composition of advisory committee) 11
(1) Section 17(1) to (3)-- 12
omit, insert-- 13
(1) The advisory committee has the following 14
members-- 15
(a) the relevant Deputy Chief Magistrate; 16
(b) the State Coroner; 17
(c) 3 temporary members. 18
(2) The relevant Deputy Chief Magistrate is the 19
chairperson of the advisory committee. 20
(3) The temporary members are magistrates selected 21
by the Chief Magistrate in consultation with the 22
chairperson and the State Coroner. 23
(2) Section 17(8)-- 24
insert-- 25
relevant Deputy Chief Magistrate means-- 26
Page 75
Justice and Other Legislation Amendment Bill 2013
Part 27 Amendment of Magistrates Act 1991
[s 136]
(a) if there is only 1 Deputy Chief 1
Magistrate--the Deputy Chief Magistrate; 2
or 3
(b) if there is more than 1 Deputy Chief 4
Magistrate--a Deputy Chief Magistrate 5
selected by the Chief Magistrate. 6
Clause 136 Amendment of s 19 (Presiding at meetings) 7
Section 19, `Deputy Chief Magistrate'-- 8
omit, insert-- 9
chairperson 10
Clause 137 Amendment of s 30 (Temporary transfer decisions about 11
constituting Magistrates Courts) 12
Section 30(1)-- 13
insert-- 14
Example of a decision under subsection (1)-- 15
The Chief Magistrate decides that a magistrate is to 16
constitute a Magistrates Court on a temporary basis, or 17
on circuit, for a period of 2 weeks. 18
Clause 138 Amendment of s 53A (Appointment of acting judicial 19
registrars) 20
(1) Section 53A(5)-- 21
renumber as section 53A(7). 22
(2) Section 53A-- 23
insert-- 24
(5) A person who is appointed to act as a judicial 25
registrar for a specified period acts as a judicial 26
registrar only when directed by the Chief 27
Magistrate to carry out the duties of office of a 28
judicial registrar during the person's period of 29
appointment. 30
Page 76
Justice and Other Legislation Amendment Bill 2013
Part 28 Amendment of Magistrates Courts Act 1921
[s 139]
(6) The Chief Magistrate may direct the person to 1
carry out the duties of a judicial registrar on a 2
full-time basis, part-time basis or from time to 3
time. 4
Part 28 Amendment of Magistrates 5
Courts Act 1921 6
Clause 139 Act amended 7
This part amends the Magistrates Courts Act 1921. 8
Clause 140 Insertion of new s 57C 9
After section 57B-- 10
insert-- 11
57C Rule-making power 12
(1) The Governor in Council may make rules of 13
court providing for the practices and procedure 14
of-- 15
(a) a proceeding in a court under the Domestic 16
and Family Violence Protection Act 2012; or 17
(b) a registry of a court in relation to a 18
proceeding under that Act. 19
(2) A rule may only be made with the consent of the 20
Chief Magistrate. 21
(3) Rules of court made under this section are to be 22
called the Domestic and Family Violence 23
Protection Rules. 24
(4) In this section-- 25
court see the Domestic and Family Violence 26
Protection Act 2012, section 6. 27
Page 77
Justice and Other Legislation Amendment Bill 2013
Part 29 Amendment of Peaceful Assembly Act 1992
[s 141]
Part 29 Amendment of Peaceful 1
Assembly Act 1992 2
Clause 141 Act amended 3
This part amends the Peaceful Assembly Act 1992. 4
Clause 142 Replacement of s 17 (Delegation of powers) 5
Section 17-- 6
omit, insert-- 7
17 Limitation on delegation 8
The Commissioner's powers under this Act may be 9
delegated only to a police officer who is of the rank of 10
sergeant or higher. 11
Note-- 12
Under the Police Service Administration Act 1990, 13
section 4.10, the Commissioner has the power to 14
delegate the Commissioner's powers. 15
Part 30 Amendment of Personal 16
Injuries Proceedings Act 2002 17
Clause 143 Act amended 18
This part amends the Personal Injuries Proceedings Act 2002. 19
Clause 144 Amendment of s 67A (Exemption from s 67(3) and (4)) 20
Section 67A(2), definition community legal service-- 21
omit, insert-- 22
community legal service means an organisation 23
that-- 24
Page 78
Justice and Other Legislation Amendment Bill 2013
Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 145]
(a) holds itself out as-- 1
(i) a community legal service; or 2
(ii) a community legal centre; or 3
(iii) an Aboriginal and Torres Strait 4
Islander Legal Service; and 5
(b) is established and operated on a 6
not-for-profit basis; and 7
(c) provides legal services that-- 8
(i) are directed generally to people who 9
are disadvantaged (including being 10
financially disadvantaged) in accessing 11
the legal system or in protecting their 12
legal rights; or 13
(ii) are conducted in the public interest. 14
legal services means work done, or business 15
transacted, in the ordinary course of legal 16
practice. 17
Part 31 Amendment of Queensland 18
Civil and Administrative 19
Tribunal Act 2009 20
Clause 145 Act amended 21
This part amends the Queensland Civil and Administrative 22
Tribunal Act 2009. 23
Clause 146 Amendment of s 46 (Withdrawal of application or referral) 24
(1) Section 46(2)-- 25
renumber as section 46(3). 26
Page 79
Justice and Other Legislation Amendment Bill 2013
Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 147]
(2) Section 46(1)-- 1
omit, insert-- 2
(1) An applicant may, in the way stated in the rules, 3
withdraw the applicant's application or referral 4
for a matter before the matter is heard and 5
decided by the tribunal. 6
(2) However, if the application or referral is made 7
under any of the following, the applicant may 8
withdraw the application or referral only with the 9
leave of the tribunal-- 10
(a) the Disability Services Act 2006, section 11
123ZK(8) or 123ZN(5); 12
(b) the Guardianship and Administration Act 13
2000; 14
(c) the Powers of Attorney Act 1998. 15
Clause 147 Amendment of s 50 (Decision by default for debt) 16
(1) Section 50, heading, after `debt'-- 17
insert-- 18
or liquidated demand of money 19
(2) Section 50(2), `an order in favour of the applicant (a decision 20
by default)'-- 21
omit, insert-- 22
a decision by default 23
Clause 148 Insertion of new s 50A 24
After section 50-- 25
insert-- 26
50A Decision by default for unliquidated damages 27
(1) This section applies if-- 28
Page 80
Justice and Other Legislation Amendment Bill 2013
Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 148]
(a) a person has applied to the tribunal to 1
recover an amount consisting of, or 2
including, unliquidated damages from a 3
person (the respondent); and 4
(b) an enabling Act that is an Act, or the rules, 5
states that the respondent must respond to 6
the application within a stated period; and 7
(c) the respondent has not responded to the 8
application within the stated period. 9
(2) The applicant may, in the way stated in the rules, 10
apply to the tribunal for a decision by default 11
conditional on the assessment by the tribunal of 12
the unliquidated damages. 13
(3) The application may also include a claim for-- 14
(a) any liquidated amount claimed in the 15
application starting the proceeding; and 16
(b) interest on the liquidated amount claimed at 17
the rate the tribunal considers appropriate; 18
and 19
(c) the fee paid for the application; and 20
(d) legal costs based on a scale stated in the 21
rules. 22
(4) The principal registrar may decide the 23
application. 24
(5) If a decision by default is given under subsection 25
(4)-- 26
(a) the decision is taken to be a final decision of 27
the tribunal in the proceeding; and 28
(b) the tribunal must assess the unliquidated 29
damages. 30
(6) The applicant must prove the respondent has 31
been given a copy of the application before a 32
decision by default may be made under this 33
section. 34
Page 81
Justice and Other Legislation Amendment Bill 2013
Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 149]
Clause 149 Amendment of s 51 (Setting aside decision by default) 1
Section 51, `under section 50'-- 2
omit. 3
Clause 150 Amendment of s 122 (Request for written reasons) 4
Section 122-- 5
insert-- 6
(4) However, the tribunal is not required to comply 7
with a request for written reasons for a decision 8
made under section 51, 54(1), 55(1), 56(1), 57, 9
61(1), 62(1) or (3), 63(1) or (4) or 64(1). 10
Clause 151 Amendment of s 137 (Definitions for div 7) 11
(1) Section 137, heading, `Definitions'-- 12
omit, insert-- 13
Definition 14
(2) Section 137, definition reopening ground-- 15
omit. 16
Clause 152 Amendment of s 142 (Party may appeal) 17
(1) Section 142(2)(b)-- 18
renumber as section 142(2)(c). 19
(2) Section 142(2)-- 20
insert-- 21
(b) a decision to set aside a decision by default 22
under section 51; 23
Clause 153 Amendment of s 143 (Appealing or applying for leave to 24
appeal) 25
Section 143(5), definition relevant day, paragraphs (a) and (b)-- 26
Page 82
Justice and Other Legislation Amendment Bill 2013
Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 154]
omit, insert-- 1
(a) if a person makes an application under part 2
7, division 5, 6 or 7 about the decision being 3
appealed against within 28 days after the 4
person is given written reasons for the 5
decision--the day that application is finally 6
dealt with under that division; or 7
(b) if written reasons have not been given for 8
the decision being appealed against and 9
reasons have not been requested under 10
section 122 or are not required to be 11
given--the day the person received notice of 12
the decision; or 13
(c) the day the person is given written reasons 14
for the decision being appealed against. 15
Clause 154 Insertion of new s 143A 16
After section 143-- 17
insert-- 18
143A Referring matter to tribunal to consider 19
reopening 20
(1) This section applies if-- 21
(a) an application or appeal is filed under 22
section 143; and 23
(b) the appeal tribunal considers-- 24
(i) the reasons for the application or 25
appeal may constitute a reopening 26
ground for the applicant or appellant in 27
the proceeding to which the application 28
or appeal relates; and 29
(ii) the application or appeal could be more 30
effectively or conveniently dealt with if 31
it were taken to be an application under 32
Page 83
Justice and Other Legislation Amendment Bill 2013
Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 155]
part 7, division 7 for a proceeding to be 1
reopened. 2
(2) The appeal tribunal may refer the matter to the 3
tribunal to decide whether the proceeding should 4
be reopened. 5
(3) If the appeal tribunal refers the matter-- 6
(a) the applicant or appellant is taken-- 7
(i) to have made an application for the 8
proceeding to be reopened under 9
section 138; and 10
(ii) not to have made an application or 11
appeal under section 143; and 12
(b) the appeal tribunal must give notice of the 13
referral to-- 14
(i) each party to the proceeding; and 15
(ii) any other person the tribunal 16
reasonably considers should be given 17
notice of the referral. 18
Clause 155 Amendment of s 151 (Appealing or applying for leave to 19
appeal) 20
Section 151(3), definition relevant day, paragraphs (a) and (b)-- 21
omit, insert-- 22
(a) if a person makes an application under part 23
7, division 5, 6 or 7 about the decision being 24
appealed against within 28 days after the 25
person is given written reasons for the 26
decision--the day that application is finally 27
dealt with under that division; or 28
(b) if written reasons have not been given for 29
the decision being appealed against and 30
reasons have not been requested under 31
section 122 or are not required to be 32
Page 84
Justice and Other Legislation Amendment Bill 2013
Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 156]
given--the day the person received notice of 1
the decision; or 2
(c) the day the person is given written reasons 3
for the decision being appealed against. 4
Clause 156 Amendment of s 218 (Contempt of tribunal) 5
Section 218(1)(b) and (d), `or mediation'-- 6
omit, insert-- 7
, mediation or conciliation 8
Clause 157 Amendment of s 237 (Immunity of participants etc.) 9
(1) Section 237(3), from `A' to `a mediator'-- 10
omit, insert-- 11
A mediator or conciliator has, in the performance of 12
the mediator's or conciliator's functions as a mediator 13
or conciliator 14
(2) Section 237(11)-- 15
insert-- 16
assessor includes a person appointed by the 17
tribunal to assess costs under the rules. 18
conciliator means a person who conducts 19
conciliation under the rules. 20
Clause 158 Amendment of sch 3 (Dictionary) 21
(1) Schedule 3, definitions decision by default and reopening 22
ground-- 23
omit. 24
(2) Schedule 3-- 25
insert-- 26
Page 85
Justice and Other Legislation Amendment Bill 2013
Part 32 Amendment of Recording of Evidence Act 1962
[s 159]
decision by default, in relation to an application 1
made under section 50(2) or 50A(2) claiming a 2
debt, liquidated demand of money or 3
unliquidated damages, means an order in favour 4
of the applicant for the debt, liquidated demand 5
or unliquidated damages claimed. 6
reopening ground, for a party to a proceeding, 7
means-- 8
(a) the party did not appear at the hearing of the 9
proceeding and had a reasonable excuse for 10
not attending the hearing; or 11
(b) the party would suffer a substantial injustice 12
if the proceeding was not reopened because 13
significant new evidence has arisen and that 14
evidence was not reasonably available when 15
the proceeding was first heard and decided. 16
Part 32 Amendment of Recording of 17
Evidence Act 1962 18
Clause 159 Act amended 19
This part amends the Recording of Evidence Act 1962. 20
Clause 160 Amendment of s 4 (Definitions) 21
Section 4, definition legal proceeding, `or examination, but not 22
including an arbitration'-- 23
omit, insert-- 24
, arbitration heard by the industrial commission, or 25
examination 26
Page 86
Justice and Other Legislation Amendment Bill 2013
Part 33 Amendment of Right to Information Act 2009
[s 161]
Part 33 Amendment of Right to 1
Information Act 2009 2
Clause 161 Act amended 3
This part amends the Right to Information Act 2009. 4
Clause 162 Amendment of s 114 (Vexatious applicants) 5
(1) Section 114(6)-- 6
renumber as section 114(8). 7
(2) Section 114-- 8
insert-- 9
(6) The commissioner may publish-- 10
(a) a declaration and the reasons for making the 11
declaration; and 12
(b) a decision not to make a declaration and the 13
reasons for the decision. 14
(7) The commissioner may publish the name of a 15
person the subject of a declaration under 16
subsection (1) when publishing the declaration 17
and the reasons for making it. 18
Part 34 Amendment of Statutory 19
Instruments Act 1992 20
Clause 163 Act amended 21
This part amends the Statutory Instruments Act 1992. 22
Page 87
Justice and Other Legislation Amendment Bill 2013
Part 35 Amendment of Succession Act 1981
[s 164]
Clause 164 Amendment of sch 2A (Subordinate legislation to which 1
part 7 does not apply) 2
Schedule 2A, entry for rules of court, after the third dot point-- 3
insert-- 4
· the Magistrates Courts Act 1921 5
Part 35 Amendment of Succession Act 6
1981 7
Clause 165 Act amended 8
This part amends the Succession Act 1981. 9
Clause 166 Insertion of new pt 2, div 6A 10
After section 33Y-- 11
insert-- 12
Division 6A International wills 13
33YA Definitions for div 6A 14
In this division-- 15
convention means the Convention providing a 16
Uniform Law on the Form of an International Will 17
1973 signed in Washington on 26 October 1973. 18
international will means a will made in accordance 19
with the requirements of the annex to the convention. 20
33YB Application of Convention 21
(1) The annex to the convention has the force of law 22
in this jurisdiction. 23
Page 88
Justice and Other Legislation Amendment Bill 2013
Part 35 Amendment of Succession Act 1981
[s 166]
(2) A copy of the annex to the convention is set out 1
in schedule 3. 2
33YC Persons authorised to act in connection with 3
international wills 4
(1) In this division, the following persons are 5
authorised to act in connection with an 6
international will-- 7
(a) an Australian legal practitioner; 8
(b) a public notary of a State; 9
(c) a person authorised to act in connection with 10
an international will under a law of a 11
convention country. 12
(2) In this section-- 13
Australian legal practitioner see the Legal 14
Profession Act 2007, section 6. 15
convention country means a country, other than 16
Australia and its Territories, that is a party to the 17
convention. 18
33YD Witnesses to international wills 19
The conditions for acting as a witness to an 20
international will are governed by the law of this 21
jurisdiction. 22
Note-- 23
For the relevant provisions of this Act, see sections 10 24
(How a will must be executed) and 11 (When an 25
interested witness may benefit from a disposition). 26
33YE Application of Act to international wills 27
To avoid doubt, it is declared that the provisions of this 28
Act that apply to wills extend to international wills. 29
Page 89
Justice and Other Legislation Amendment Bill 2013
Part 35 Amendment of Succession Act 1981
[s 167]
Clause 167 Insertion of new sch 3 1
After schedule 2-- 2
insert-- 3
Schedule 3 Annex to Convention 4
providing a Uniform 5
Law on the Form of 6
an International Will 7
1973 8
section 33YB 9
ANNEX 10
UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL 11
Article 1 12
1. A will shall be valid as regards form, irrespective particularly of the 13
place where it is made, of the location of the assets and of the nationality, 14
domicile or residence of the testator, if it is made in the form of an 15
international will complying with the provisions set out in Articles 2 to 5 16
hereinafter. 17
2. The invalidity of the will as an international will shall not affect its 18
formal validity as a will of another kind. 19
Article 2 20
This law shall not apply to the form of testamentary dispositions made by 21
two or more persons in one instrument. 22
Article 3 23
1. The will shall be made in writing. 24
2. It need not be written by the testator himself. 25
3. It may be written in any language, by hand or by any other means. 26
Page 90
Justice and Other Legislation Amendment Bill 2013
Part 35 Amendment of Succession Act 1981
[s 167]
Article 4 1
1. The testator shall declare in the presence of two witnesses and of a 2
person authorized to act in connection with international wills that the 3
document is his will and that he knows the contents thereof. 4
2. The testator need not inform the witnesses, or the authorized person, of 5
the contents of the will. 6
Article 5 7
1. In the presence of the witnesses and of the authorized person, the testator 8
shall sign the will or, if he has previously signed it, shall acknowledge his 9
signature. 10
2. When the testator is unable to sign, he shall indicate the reason therefor 11
to the authorized person who shall make note of this on the will. Moreover, 12
the testator may be authorized by the law under which the authorized 13
person was designated to direct another person to sign on his behalf. 14
3. The witnesses and the authorized person shall there and then attest the 15
will by signing in the presence of the testator. 16
Article 6 17
1. The signatures shall be placed at the end of the will. 18
2. If the will consists of several sheets, each sheet shall be signed by the 19
testator or, if he is unable to sign, by the person signing on his behalf or, if 20
there is no such person, by the authorized person. In addition, each sheet 21
shall be numbered. 22
Article 7 23
1. The date of the will shall be the date of its signature by the authorized 24
person. 25
2. This date shall be noted at the end of the will by the authorized person. 26
Article 8 27
In the absence of any mandatory rule pertaining to the safekeeping of the 28
will, the authorized person shall ask the testator whether he wishes to make 29
a declaration concerning the safekeeping of his will. If so and at the express 30
request of the testator the place where he intends to have his will kept shall 31
be mentioned in the certificate provided for in Article 9. 32
Page 91
Justice and Other Legislation Amendment Bill 2013
Part 35 Amendment of Succession Act 1981
[s 167]
Article 9 1
The authorized person shall attach to the will a certificate in the form 2
prescribed in Article 10 establishing that the obligations of this law have 3
been complied with. 4
Article 10 5
The certificate drawn up by the authorized person shall be in the following 6
form or in a substantially similar form: 7
CERTIFICATE 8
(Convention of October 26, 1973) 9
1. I, .................................................. (name, address and capacity), a person 10
authorized to act in connection with international wills 11
2. Certify that on ............................. (date) at ............................. (place) 12
3. (testator).................................................. (name, address, date and place 13
of birth) in my presence and that of the witnesses 14
4.(a).................................................. (name, address, date and place of 15
birth) 16
(b).................................................. (name, address, date and place of birth) 17
has declared that the attached document is his will and that he knows the 18
contents thereof. 19
5. I furthermore certify that: 20
6.(a) in my presence and in that of the witnesses 21
(1) the testator has signed the will or has acknowledged his signature 22
previously affixed. 23
*(2) following a declaration of the testator stating that he was unable to 24
sign his will for the following 25
reason....................................................................... 26
--I have mentioned this declaration on the will 27
*--the signature has been affixed by............................. (name, address) 28
7.(b) the witnesses and I have signed the will; 29
8.*(c) each page of the will has been signed by ............................. and 30
numbered; 31
Page 92
Justice and Other Legislation Amendment Bill 2013
Part 35 Amendment of Succession Act 1981
[s 167]
9.(d) I have satisfied myself as to the identity of the testator and of the 1
witnesses as designated above; 2
10.(e) the witnesses met the conditions requisite to act as such according to 3
the law under which I am acting; 4
11.*(f) the testator has requested me to include the following statement 5
concerning the safekeeping of his 6
will:................................................................................. 7
12. PLACE 8
13. DATE 9
14. SIGNATURE and, if necessary, SEAL 10
Article 11 11
The authorized person shall keep a copy of the certificate and deliver 12
another to the testator. 13
Article 12 14
In the absence of evidence to the contrary, the certificate of the authorized 15
person shall be conclusive of the formal validity of the instrument as a will 16
under this Law. 17
Article 13 18
The absence or irregularity of a certificate shall not affect the formal 19
validity of a will under this Law. 20
Article 14 21
The international will shall be subject to the ordinary rules of revocation of 22
wills. 23
Article 15 24
In interpreting and applying the provisions of this law, regard shall be had 25
to its international origin and to the need for uniformity in its interpretation. 26
*To be completed if appropriate 27
Page 93
Justice and Other Legislation Amendment Bill 2013
Part 36 Amendment of Supreme Court of Queensland Act 1991
[s 168]
Part 36 Amendment of Supreme Court 1
of Queensland Act 1991 2
Clause 168 Act amended 3
This part amends the Supreme Court of Queensland Act 1991. 4
Clause 169 Amendment of s 6 (Acting judges) 5
(1) Section 6(4) to (6)-- 6
renumber as section 6(9) to (11). 7
(2) Section 6-- 8
insert-- 9
(4) The Governor in Council may by commission 10
appoint a retired Supreme Court judge to act as a 11
judge-- 12
(a) for a period of not more than 2 years; and 13
(b) on a full-time or sessional basis. 14
(5) The Minister may recommend a retired Supreme 15
Court judge for appointment under subsection (4) 16
only after consultation with the Chief Justice. 17
(6) An appointment under subsection (4) must not 18
extend beyond the day the retired judge reaches 19
78 years of age. 20
(7) A person appointed to act as a judge under this 21
section-- 22
(a) may be appointed more than once; and 23
(b) has, for the period and subject to the 24
conditions stated in the judge's commission, 25
the power and authority necessary to fulfil 26
the duties of a judge. 27
(8) Despite subsection (6), a retired Supreme Court 28
judge who, before the judge's commission ends, 29
Page 94
Justice and Other Legislation Amendment Bill 2013
Part 36 Amendment of Supreme Court of Queensland Act 1991
[s 170]
starts the hearing of a proceeding remains a judge 1
for the purposes of finishing the proceeding. 2
(3) Section 6(9), as renumbered, `person who'-- 3
omit, insert-- 4
person, other than a retired Supreme Court Judge 5
appointed under subsection (1), (2) or (4), who 6
(4) Section 6(9), as renumbered-- 7
insert-- 8
Note-- 9
For the remuneration of a retired Supreme Court judge 10
who acts as a judge, see the Judicial Remuneration Act 11
2007, section 5A. 12
(5) Section 6-- 13
insert-- 14
(12) In this section-- 15
retired Supreme Court judge means a person 16
who-- 17
(a) has been a judge of the Supreme Court; and 18
(b) has not reached 78 years of age. 19
Clause 170 Amendment of s 21 (Retirement of judges) 20
Section 21(2)-- 21
omit, insert-- 22
(2) Despite subsection (1)-- 23
(a) a judge who, before retiring, whether or not 24
because of subsection (1), starts the hearing 25
of a proceeding remains a judge for the 26
purposes of finishing the proceeding; and 27
(b) a retired Supreme Court judge appointed to 28
act as a judge under section 6(4) remains a 29
judge until the judge's appointment ends. 30
Page 95
Justice and Other Legislation Amendment Bill 2013
Part 37 Amendment of Trusts Act 1973
[s 171]
Clause 171 Amendment of s 85 (Rule-making power) 1
Section 85(1)-- 2
insert-- 3
Note-- 4
See the Magistrates Courts Act 1921, section 57C, for 5
the rules of court for a proceeding, other than an appeal, 6
under the Domestic and Family Violence Protection Act 7
2012. 8
Part 37 Amendment of Trusts Act 1973 9
Clause 172 Act amended 10
This part amends the Trusts Act 1973. 11
Clause 173 Amendment of s 5 (Definitions) 12
Section 5, definition public accountant, paragraphs (c) and (d), `an 13
institute prescribed under the Corporations Act, section 1280(2)'-- 14
omit, insert-- 15
a university or institute prescribed under the 16
Corporations Act, section 1280(2A) 17
Part 38 Other amendments 18
Clause 174 Acts amended in sch 1 19
Schedule 1 amends the Acts it mentions. 20
Page 96
Justice and Other Legislation Amendment Bill 2013
Schedule 1
Schedule 1 Acts amended 1
section 174 2
Legal Aid Queensland Act 1997 3
1 Sections 5(2), 8, 9, 17(2)(a), 29, 33(1)(a), 34, 35 and 40, 4
`Legal Aid agent'-- 5
omit, insert-- 6
Legal Aid service provider 7
2 Part 2, division 5, heading, `Legal Aid agents'-- 8
omit, insert-- 9
Legal Aid service providers 10
3 Sections 29, 34, 35 and 40, `the agent'-- 11
omit, insert-- 12
the service provider 13
4 Section 29(2), `the agent's' 14
omit, insert-- 15
the service provider's 16
5 Sections 29(3) and 33(2), `The agent'-- 17
omit, insert-- 18
The service provider 19
Page 97
Justice and Other Legislation Amendment Bill 2013
Schedule 1
6 Section 29(7), `An agent'-- 20
omit, insert-- 21
A service provider 1
7 Section 33(3), `agent'-- 2
omit, insert-- 3
service provider 4
8 Part 2, division 8, heading, `Legal Aid agents''-- 5
omit, insert-- 6
Legal Aid service provider's 7
9 Sections 40(3) and 44(1)(d), `Legal Aid agents'-- 8
omit, insert-- 9
Legal Aid service providers 10
Retirement Villages Act 1999 11
10 Schedule, definition mediator, paragraph (a), `Dispute 12
Resolution Centres Act 1990, section 19'-- 13
omit, insert-- 14
Dispute Resolution Centres Act 1990, section 27AB 15
© State of Queensland 2013
Authorised by the Parliamentary Counsel
Page 98
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