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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
JUSTICE LEGISLATION
(MISCELLANEOUS
PROVISIONS) BILL (No. 3)
1999
Queensland
JUSTICE LEGISLATION
(MISCELLANEOUS PROVISIONS) BILL
(No. 3) 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF BAIL ACT 1980
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
27A Warrant for apprehension of defendant for failing to enter
into undertaking etc. before leaving precincts of court . . . . . . . . . . . 4
5 Amendment of s 28A (Warrant for apprehension of defendant by
Magistrates Court or Childrens Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 29 (Apprehension by police officer of defendant
on bail) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Insertion of new ss 34A and 34B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
34A Varying bail if summary charge transmitted from court of
summary jurisdiction to another court . . . . . . . . . . . . . . . . . . . . . . . . 6
34B Varying bail if summary charge transmitted from receiving
court back to court of summary jurisdiction . . . . . . . . . . . . . . . . . . . 6
PART 3--AMENDMENT OF JUSTICES ACT 1886
8 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Replacement of s 150 (Minute of decision to be made and advice
therof sent by post) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
150 Minute of decision to be made and advice sent by post . . . . . . . . . 7
10 Replacement of s 175A (Allocation of part payments) . . . . . . . . . . . . . . . . 8
175A Allocation of part payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2
Justice Legislation (Miscellaneous Provisions)
Bill (No. 3) 1999
175B Order of satisfaction if amounts payable under more than 1
decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 4--AMENDMENT OF PENALTIES AND SENTENCES
ACT 1992
11 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Amendment of s 84 (Certificates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Insertion of new s 185C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
185C Power of proper officer to recall warrant and issue new
warrant on part payment of penalty . . . . . . . . . . . . . . . . . . . . . . . . . . 10
1999
A BILL
FOR
An Act to amend Acts administered by the Attorney-General and
Minister for Justice and Minister for The Arts
4
Justice Legislation (Miscellaneous Provisions)
Bill (No. 3) 1999
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Justice Legislation (Miscellaneous 4
Provisions) Act (No. 3) 1999. 5
ART 2--AMENDMENT OF BAIL ACT 1980 6
P
amended in pt 2 7
Act
Clause 2. This part amends the Bail Act 1980. 8
of s 6 (Definitions) 9
Amendment
Clause 3. Section 6-- 10
insert-- 11
` "precincts", of a court, means any land or building, or the part of any land 12
or building, used for the purposes of the court.'. 13
of new s 27A 14
Insertion
Clause 4. After section 27-- 15
insert-- 16
for apprehension of defendant for failing to enter into 17
`Warrant
undertaking etc. before leaving precincts of court 18
`27A.(1) This section applies if a court grants bail to a defendant and the 19
defendant leaves the precincts of the court-- 20
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Justice Legislation (Miscellaneous Provisions)
Bill (No. 3) 1999
(a) if the defendant is required to enter into an undertaking under 1
section 20--without entering into the undertaking; or 2
(b) if there are conditions of the bail the defendant must comply with 3
before leaving the precincts of the court--without fulfilling the 4
conditions. 5
`(2) The court may issue a warrant for the apprehension of the defendant. 6
`(3) The warrant must-- 7
(a) name the defendant against whom it is issued; and 8
(b) state the reason, under subsection (1)(a) or (b), for its issue; and 9
(c) order all police officers to apprehend the defendant and bring the 10
defendant before the court to be dealt with according to law.'. 11
of s 28A (Warrant for apprehension of defendant by 12
Amendment
Magistrates Court or Childrens Court) 13
Clause 5. Section 28A(1)(a)-- 14
insert-- 15
`(iv) that has been continued under section 34A(2) or 34B(2);'. 16
of s 29 (Apprehension by police officer of defendant on 17
Amendment
bail) 18
Clause 6.(1) Section 29(1)(a)(i) to (iii)-- 19
renumber as section 29(1)(a)(ii) to (iv). 20
(2) Section 29(1)(a)-- 21
insert-- 22
`(i) that the defendant has left the precincts of the court that 23
granted bail to the defendant-- 24
(A) if the defendant is required to enter into an undertaking 25
under section 20--without entering into the 26
undertaking; or 27
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Justice Legislation (Miscellaneous Provisions)
Bill (No. 3) 1999
(B) if there are conditions of the bail the defendant must 1
comply with before leaving the precincts the 2
court--without fulfilling the conditions; or'. 3
of new ss 34A and 34B 4
Insertion
Clause 7. After section 34-- 5
insert-- 6
bail if summary charge transmitted from court of summary 7
`Varying
jurisdiction to another court 8
`34A.(1) This section applies if-- 9
(a) a person charged with a summary offence before a court of 10
summary jurisdiction is granted bail (the "summary bail") by 11
the court to appear before it on the charge; and 12
(b) the clerk of the court of summary jurisdiction transmits the 13
complaint or bench charge sheet or a copy of it to the registrar of 14
another court (the "receiving court") under the Criminal Code, 15
section 652(4). 16
`(2) The summary bail is continued and is taken to have been granted by 17
the receiving court on the conditions imposed by the court of summary 18
jurisdiction. 19
`(3) However, the summary bail is taken to be varied to require the 20
defendant to appear before the receiving court for the hearing of the 21
summary offence on the day the receiving court has set for the hearing of 22
the charge on indictment before it. 23
bail if summary charge transmitted from receiving court 24
`Varying
back to court of summary jurisdiction 25
`34B.(1) This section applies if-- 26
(a) section 34A applies; and 27
(b) under the Criminal Code, section 653(2), the receiving court-- 28
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Justice Legislation (Miscellaneous Provisions)
Bill (No. 3) 1999
(i) directs that the charge be heard by a court exercising 1
summary jurisdiction; and 2
(ii) orders the court registrar to send the relevant court record to 3
the clerk of the court exercising summary jurisdiction. 4
`(2) The summary bail is taken to have been granted by the court 5
exercising summary jurisdiction on the conditions that applied to it under 6
section 34A. 7
`(3) However, the summary bail is taken to be varied to require the 8
defendant to appear before the court of summary jurisdiction for the hearing 9
of the summary charge on the day set by the receiving court on the day it 10
gives the direction and makes the order. 11
`(4) The day set by the receiving court must be not earlier than 1 month 12
after the day it gives the direction and makes the order. 13
`(5) In this section-- 14
"receiving court" has the meaning given by section 34A(1)(b). 15
"summary bail" has the meaning given by section 34A(1)(a).'. 16
ART 3--AMENDMENT OF JUSTICES ACT 1886 17
P
amended in pt 3 18
Act
Clause 8. This part amends the Justices Act 1886. 19
of s 150 (Minute of decision to be made and advice 20
Replacement
therof sent by post) 21
Clause 9. Section 150-- 22
omit, insert-- 23
of decision to be made and advice sent by post 24
`Minute
`150.(1) This section applies if justices convict or make an order against a 25
person. 26
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Justice Legislation (Miscellaneous Provisions)
Bill (No. 3) 1999
`(2) The justices must make a minute or memorandum of the conviction 1
or order and sign it. 2
`(3) If neither the person nor the person's lawyer or agent is present 3
when the conviction is pronounced or the order is made, the clerk of the 4
court must give written notice of the conviction or order by post to the 5
person at the person's last address known to the clerk. 6
`(4) A minute or memorandum made under this section does not form 7
part of the warrant of commitment or execution. 8
`(5) If subsection (3) applies, a warrant of commitment or execution 9
must not issue for at least 28 days from the day of the conviction or order, 10
unless the adjudicating justices otherwise direct.'. 11
of s 175A (Allocation of part payments) 12
Replacement
Clause 10. Section 175A-- 13
omit, insert-- 14
of part payments 15
`Allocation
`175A.(1) An amount received by a clerk of the court from a person 16
under a decision must be applied in the following order-- 17
(a) compensation; 18
(b) restitution; 19
(c) damages; 20
(d) a fixed portion of a penalty ordered to be paid to an individual; 21
(e) court fees paid by the complainant or defendant; 22
(f) court fees ordered to be paid and not already paid by the 23
complainant or defendant mentioned in paragraph (e); 24
(g) costs and charges of taking and conveying the person making 25
payment to prison, if known and stated in the decision; 26
(h) witnesses' expenses; 27
(i) professional costs; 28
(j) other fees or costs; 29
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Justice Legislation (Miscellaneous Provisions)
Bill (No. 3) 1999
(k) any other amount ordered to be paid, including a fine. 1
`(2) For subsection (1)(k), subject to any direction given in relation to the 2
amount, the amount must be applied in the way in which fines, penalties, or 3
forfeitures are applied. 4
`(3) This section applies subject to any direction under the Act under 5
which the complaint was made. 6
of satisfaction if amounts payable under more than 1 decision 7
`Order
`175B.(1) This section applies if-- 8
(a) a clerk of the court receives an amount from a person in part 9
satisfaction of an amount payable by the person under a decision; 10
and 11
(b) the person is liable to pay amounts under 2 or more decisions. 12
`(2) The amount must first be applied to satisfy all outstanding amounts 13
under the decisions in the first relevant category in section 175A(1) in the 14
order in which they became payable. 15
`(3) After all amounts in the first relevant category are satisfied, any 16
remaining amount must be applied to satisfy unpaid amounts under the 17
decisions in the next relevant category and then to each other relevant 18
category in the same way until each relevant category is satisfied. 19
20
Example for subsection (3)--
21
If a person has been ordered to pay the following amounts--
22
(a) under a decision made on 2 January 1999--$200 for a fine, $80 costs of
23
court, $50 witness expenses, $250 professional fees and $300 restitution;
24
and
25
(b) under a decision made on 4 January 1999--$500 for a fine, $80 costs of
26
court, $50 witness expenses, $600 professional fees and $350 restitution;
27
any part payments must first satisfy the restitution amounts ordered on 2 January 1999
28
and 4 January 1999 in that order before any other part payments may be applied to
29
satisfy amounts outstanding in the next relevant category.'.
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Justice Legislation (Miscellaneous Provisions)
Bill (No. 3) 1999
ART 4--AMENDMENT OF PENALTIES AND 1
P
SENTENCES ACT 1992 2
amended in pt 4 3
Act
Clause 11. This part amends the Penalties and Sentences Act 1992. 4
of s 4 (Definitions) 5
Amendment
Clause 12. Section 4 , definition "proper officer"-- 6
omit, insert-- 7
` "proper officer" means-- 8
(a) for an order made by the Supreme Court--the sheriff; or 9
(b) for an order made by the District Court--any registrar; or 10
(c) for an order made by a Magistrates Court--any clerk of the 11
court.'. 12
of s 84 (Certificates) 13
Amendment
Clause 13. Section 84(1), `purporting to be signed'-- 14
omit, insert-- 15
`given'. 16
of new s 185C 17
Insertion
Clause 14. After section 185B-- 18
insert-- 19
of proper officer to recall warrant and issue new warrant on 20
`Power
part payment of penalty 21
`185C.(1) This section applies if-- 22
(a) the proper officer of the court issues a warrant under 23
section 185A(1); and 24
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Justice Legislation (Miscellaneous Provisions)
Bill (No. 3) 1999
(b) before the warrant is executed, the offender pays an amount in 1
part satisfaction of the penalty. 2
`(2) The proper officer may-- 3
(a) recall the warrant; and 4
(b) issue a new warrant for the reduced penalty for the arrest and 5
imprisonment of the offender. 6
`(3) For subsection (2)(b) the term of imprisonment is to be reduced in 7
the way stated in section 186(1). 8
`(4) If the offender pays a further amount in part satisfaction of the 9
penalty, the proper officer may recall a warrant issued under 10
subsection (2)(b) if it has not been executed and issue further warrants in 11
accordance with subsection (2)(b) until the penalty is fully paid.'. 12
13
© State of Queensland 1999
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