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Queensland
State Penalties Enforcement
and Other Legislation
Amendment Bill 2009
Queensland
State Penalties Enforcement and Other
Legislation Amendment Bill 2009
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and
related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4 Amendment of s 34 (Default in paying fine, penalty or other
amount under court order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5 Amendment of s 63 (Issue of enforcement warrant) . . . . . . . . . . 17
6 Insertion of new s 63A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
63A Renewal of enforcement warrant . . . . . . . . . . . . . . . . 18
7 Insertion of new s 68A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
68A Offence of concealing, selling, transferring or
otherwise dealing with property subject to seizure. . . 19
8 Insertion of new s 69A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
69A Particular matters about enforcement of enforcement
warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
9 Amendment of s 72 (Powers under search warrant) . . . . . . . . . . 20
10 Insertion of new ss 73A-73K . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
73A Notice to enforcement debtor etc. if seizure . . . . . . . . 20
73B Enforcement officer may authorise tow . . . . . . . . . . . 21
73C Order of selling property. . . . . . . . . . . . . . . . . . . . . . . 22
73D Payment by enforcement debtor before sale . . . . . . . 22
73E Storage before sale . . . . . . . . . . . . . . . . . . . . . . . . . . 22
73F Nature of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
73G Sale at best price obtainable . . . . . . . . . . . . . . . . . . . 24
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Contents
73H Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
73I Postponement of sale. . . . . . . . . . . . . . . . . . . . . . . . . 26
73J Accountability for, and distribution of, money
received ........................... 26
73K Reserve price provisions . . . . . . . . . . . . . . . . . . . . . . 27
11 Amendment of s 75 (Issue of fine collection notice). . . . . . . . . . . 27
12 Amendment of s 104 (Criteria for suspending driver licence) . . . 28
13 Insertion of new pt 5, div 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 7A Enforcement by vehicle immobilisation
Subdivision 1 Criteria for vehicle immobilisation
108A Criteria for vehicle immobilisation. . . . . . . . . . . . . . . . 28
108B Types of vehicles that may be immobilised . . . . . . . . 29
Subdivision 2 Notice of intention to issue immobilisation
warrant
108C Registrar to serve notice of intention to issue
immobilisation warrant . . . . . . . . . . . . . . . . . . . . . . . . 30
Subdivision 3 Immobilisation warrant and related matters
108D Issue and service of immobilisation warrant. . . . . . . . 30
108E Registrar may cancel, suspend or vary
immobilisation warrant . . . . . . . . . . . . . . . . . . . . . . . . 31
108F Effect of immobilisation warrant . . . . . . . . . . . . . . . . . 31
108G Who may enforce an immobilisation warrant . . . . . . . 32
108H Where and when an immobilisation warrant may or
may not be enforced. . . . . . . . . . . . . . . . . . . . . . . . . . 32
108I Additional powers under an immobilisation warrant . . 33
108J Entry to ask occupier for consent to enter . . . . . . . . . 34
108K Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
108L Immobilisation search warrant . . . . . . . . . . . . . . . . . . 35
108M Powers under immobilisation search warrant . . . . . . . 36
108N Immobilisation notice . . . . . . . . . . . . . . . . . . . . . . . . . 36
108O Immobilisation period and access to vehicle . . . . . . . 36
108P When immobilising device may be removed before
end of immobilisation period. . . . . . . . . . . . . . . . . . . . 36
108Q Removal of immobilising device immediately after
immobilisation period ends. . . . . . . . . . . . . . . . . . . . . 37
108R Direction by registrar to seize vehicle under
enforcement warrant. . . . . . . . . . . . . . . . . . . . . . . . . . 38
108S Direction by registrar to re-enforce current
immobilisation warrant . . . . . . . . . . . . . . . . . . . . . . . . 38
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Contents
108T Return of immobilisation warrant . . . . . . . . . . . . . . . . 39
108U Notice of damage--immobilisation warrant . . . . . . . . 39
108V Compensation--immobilisation warrant . . . . . . . . . . . 39
108W Effect of immobilisation on vehicle insurance. . . . . . . 40
Subdivision 4 Offences
108X Offences of concealing, selling, transferring or
otherwise dealing with vehicle with particular intent. . 40
108Y Offence of interfering with or removing immobilised
vehicle ............................. 41
108Z Offence of tampering with or removing immobilising
device or immobilising notice . . . . . . . . . . . . . . . . . . . 41
14 Amendment of s 110 (Registration of interests) . . . . . . . . . . . . . . 41
15 Amendment of s 111 (Order of satisfaction of fines for
infringement notice offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
16 Amendment of s 112 (Order of satisfaction of other amounts). . . 42
17 Amendment of s 113 (Order of satisfaction if more than 1
enforcement order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
18 Amendment of s 114 (Power of person serving fine collection
notice or enforcing warrant to demand name and address etc.) . 42
19 Amendment of s 115 (Effect of particular proceedings) . . . . . . . . 44
20 Amendment of s 116 (Offence of obstructing enforcement
officer) ..................................... 44
21 Amendment of s 117 (Offence of defacing or removing seizure
tags) ....................................... 44
22 Amendment of s 118 (Good behaviour order when
imprisonment not appropriate) . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
23 Amendment of s 119 (Enforcement by imprisonment) . . . . . . . . . 44
24 Amendment of s 136 (Instalment payment notice) . . . . . . . . . . . . 45
25 Amendment of s 137 (Enforcement order) . . . . . . . . . . . . . . . . . . 45
26 Insertion of new ss 146A-146D . . . . . . . . . . . . . . . . . . . . . . . . . . 45
146A Notice of intention to issue immobilisation warrant. . . 45
146B Form of immobilisation warrant . . . . . . . . . . . . . . . . . 47
146C Form of immobilisation notice. . . . . . . . . . . . . . . . . . . 48
146D Form of immobilisation search warrant. . . . . . . . . . . . 49
27 Amendment of s 147 (Effect of notices, orders and warrants) . . . 49
28 Amendment of s 148 (Electronic transmission of particular
documents) ................................. 50
29 Amendment of s 150B (Guidelines) . . . . . . . . . . . . . . . . . . . . . . . 50
30 Insertion of new s 151A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Contents
151A Registrar may advise commissioner of police service
of particular information . . . . . . . . . . . . . . . . . . . . . . . 51
31 Amendment of s 153 (Register) . . . . . . . . . . . . . . . . . . . . . . . . . . 51
32 Amendment of s 155 (Non-reviewable decision) . . . . . . . . . . . . . 52
33 Amendment of s 157 (Evidentiary provisions) . . . . . . . . . . . . . . . 52
34 Amendment of s 158 (Service of document) . . . . . . . . . . . . . . . . 52
35 Insertion of new s 159A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
159A Registrar may communicate with enforcement
debtors by SMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
36 Amendment of s 165 (Regulation-making power) . . . . . . . . . . . . 53
37 Amendment of s 169 (Saving of enforcement orders) . . . . . . . . . 54
38 Insertion of new s 174A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
174A Particular orders made under Industrial Relations
Act 1999 .......................... 54
39 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 2 Amendment of Industrial Relations Act 1999
40 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
41 Amendment of s 400 (Enforcement of magistrate's order) . . . . . . 56
42 Amendment of s 408H (Enforcement of magistrate's orders). . . . 57
Part 3 Amendment of Transport Operations (Road Use
Management) Act 1995
43 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
44 Amendment of s 135 (Unlawfully interfering with, or detaining,
vehicles etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Chapter 3 Amendments relating mainly to the national exchange of
criminal history information
Part 1 Amendment of Education (Queensland College of
Teachers) Act 2005
45 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
46 Amendment of s 11 (Suitability to teach--criminal history
information) ................................. 59
47 Amendment of s 12 (Suitability to teach--other considerations) . 59
48 Insertion of new s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
12A Suitability to work in child-related field--interstate
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
49 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
15A Requesting further information about interstate
convictions and charges . . . . . . . . . . . . . . . . . . . . . . . 61
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Contents
50 Amendment of s 16 (Requirement to advise applicant of criminal
history information received) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
51 Amendment of s 65 (College's power to obtain criminal history
etc. in relation to an approved teacher) . . . . . . . . . . . . . . . . . . . . 62
52 Replacement of s 91 (Definition for ch 5) . . . . . . . . . . . . . . . . . . . 63
91 Definition for ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
53 Amendment of s 112 (Reporting of offences). . . . . . . . . . . . . . . . 64
54 Amendment of s 124 (Constitution of QCAT for disciplinary
proceedings) ..................................... 64
55 Amendment of s 282 (Definition for pt 1) . . . . . . . . . . . . . . . . . . . 64
56 Amendment of s 283 (Confidentiality of particular information) . . 65
57 Amendment of s 286 (College may enter into information
sharing arrangement with commissioner of police) . . . . . . . . . . . 65
58 Amendment of s 287 (Other information sharing agreements) . . 66
59 Insertion of new ch 12, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Part 10 Transitional provision for the State Penalties
Enforcement and Other Legislation
Amendment Act 2009
331 Interstate charge and interstate spent conviction . . . . 66
60 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 67
Part 2 Amendment of Police Service Administration Act 1990
61 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
62 Amendment of s 1.4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 68
63 Insertion of new s 5AA.1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
5AA.1A Definition for pt 5AA . . . . . . . . . . . . . . . . . . . . . . . . . . 69
64 Insertion of new s 10.2AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
10.2AA Definition for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
65 Amendment of s 10.2G (Definitions for div 1A) . . . . . . . . . . . . . . 70
66 Insertion of new pt 10, div 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 1B Provisions about exchange of criminal history
for child-related employment screening
10.2S Definitions for div 1B. . . . . . . . . . . . . . . . . . . . . . . . . . 71
10.2T Giving criminal history to interstate screening unit or
approved agency for child-related employment
screening ............................ 72
10.2U Use of criminal history permitted despite other
provisions ........................... 72
10.2V Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 72
67 Insertion of new pt 11, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
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Division 5 Transitional provisions for the State Penalties
Enforcement and Other Legislation
Amendment Act 2009
11.9 Definition for div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
11.10 Amendment of regulation by State Penalties
Enforcement and Other Legislation Amendment Act
2009 does not affect powers of Governor in Council . 74
11.11 Exchange of criminal history for child-related
employment screening . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 3 Amendment of Police Service Administration Regulation
1990
68 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
69 Insertion of new pt 7E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 7E Provision about exchange of criminal history
for child-related employment screening
7E.1 Interstate screening units--Act, s 10.2S, definition
interstate screening unit, paragraph (a) . . . . . . . . . . . 75
Chapter 4 QCAT Amendments
Part 1 Amendment of Queensland Civil and Administrative
Tribunal Act 2009
70 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
71 Amendment of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . 76
72 Amendment of s 128 (Procedural defects etc.) . . . . . . . . . . . . . . 76
73 Amendment of s 132 (Non-monetary decisions) . . . . . . . . . . . . . 77
74 Amendment of s 166 (Constitution of appeal tribunal) . . . . . . . . . 77
75 Amendment of s 167 (Choosing persons) . . . . . . . . . . . . . . . . . . 78
76 Insertion of new s 198A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
198A Judicial registrars are adjudicators for minor civil
disputes ........................... 78
77 Amendment of s 203 (Removal from office) . . . . . . . . . . . . . . . . . 79
78 Amendment of s 210 (Principal registrar). . . . . . . . . . . . . . . . . . . 79
79 Amendment of s 211 (Registrar) . . . . . . . . . . . . . . . . . . . . . . . . . 80
80 Amendment of s 212 (Principal registrar must disclose interests) 80
81 Amendment of s 216 (False or misleading information) . . . . . . . . 81
82 Amendment of s 218 (Contempt of tribunal) . . . . . . . . . . . . . . . . 81
83 Amendment of s 220 (Tribunal may exclude person) . . . . . . . . . . 82
84 Amendment of s 228 (Oath of office) . . . . . . . . . . . . . . . . . . . . . . 82
85 Amendment of s 233 (Confidentiality generally). . . . . . . . . . . . . . 83
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
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86 Amendment of s 234 (Further limitation on disclosure to a court
etc.) .......................................... 83
87 Amendment of s 237 (Immunity of participants etc.) . . . . . . . . . . 83
88 Amendment of s 238 (Protection from civil liability) . . . . . . . . . . . 83
89 Insertion of new s 242A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
242A Expiry of ss 198A and 242A and amendment of Act . 84
90 Amendment of s 263 (Transferring membership of particular
members) ....................................... 84
91 Amendment of s 268 (Proceeding started) . . . . . . . . . . . . . . . . . 85
92 Insertion of new s 277A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
277A The chief executive may approve forms for limited
period ............................... 85
93 Amendment of sch 2 (Subject matter for rules) . . . . . . . . . . . . . . 85
94 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 85
Part 2 Amendment of Queensland Civil and Administrative
Tribunal (Jurisdiction Provisions) Amendment Act 2009
95 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
96 Amendment of s 11 (Insertion of new pt 3A) . . . . . . . . . . . . . . . . 86
97 Insertion of new s 559A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
559A Amendment of s 97 (Cancellation or suspension of
gaming machine licences and letters of censure) . . . 87
98 Replacement of s 564 (Omission of ss 414-421) . . . . . . . . . . . . 87
99 Amendment of s 565 (Amendment of schedule (Dictionary)). . . . 88
100 Replacement of s 699 (Amendment of s 500B (How to start a
proceeding)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
699 Replacement of s 500B (How to start a proceeding) . 88
101 Amendment of s 724 (Replacement of ch 5 (Racing Appeals
Tribunal)) .................................... 89
102 Replacement of ch 5, pt 79 (Amendment of Wine Industry
Regulation 1995) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
871 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . 90
872 Amendment of s 9 (Requirements of submission by
petition) ............................ 90
103 Replacement of s 1047 (Replacement of s 213 (Chairperson to
allocate matters)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
1047 Replacement of s 213 (Chairperson to allocate
matters) ............................ 90
104 Amendment of s 1273 (Amendment of s 189 (Appeals to
Commercial and Consumer Tribunal about decisions under pt 3)) 91
105 Amendment of s 1293 (Insertion of new ch 16, pt 3A) . . . . . . . . . 91
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
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106 Amendment of s 1466 (Replacement of ss 163-165) . . . . . . . . . 92
107 Replacement of s 1519 (Insertion of new s 462A) . . . . . . . . . . . . 92
1519 Insertion of new s 462A . . . . . . . . . . . . . . . . . . . . . . . 92
108 Insertion of new s 1555A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
1555A Amendment of s 53I (Power concerning prescribed
applications and matters) . . . . . . . . . . . . . . . . . . . . . . 93
109 Replacement of s 1556 (Amendment of s 53J (Practice
direction)) ................................ 93
1556 Amendment of s 53J (Practice direction) . . . . . . . . . . 93
110 Amendment of s 1557 (Amendment of s 53K (Referring
application or matter)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
111 Amendment of s 1844 (Insertion of new ss 8-10) . . . . . . . . . . . . 94
112 Amendment of s 1886 (Amendment of s 68 (Notice of decision)) 95
113 Amendment of s 1892 (Insertion of new pt 14) . . . . . . . . . . . . . . 95
Part 3 Amendment of Adoption Act 2009
114 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
115 Amendment of s 29 (Declaration of tribunal whether an adult
parent has capacity to consent) . . . . . . . . . . . . . . . . . . . . . . . . . . 96
116 Amendment of s 30 (Appointment of guardian for adult parent
without capacity to consent) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
117 Amendment of s 39 (Court may dispense with need for consent) 96
118 Amendment of s 148 (Appeal from decision that information is
investigative information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
119 Amendment of s 175 (Consents and pre-consent counselling
and information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
120 Insertion of new pt 14A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Part 14A Proceedings before QCAT
Division 1 Preliminary
307A Application of pt 14A . . . . . . . . . . . . . . . . . . . . . . . . . 97
307B Definitions for pt 14A . . . . . . . . . . . . . . . . . . . . . . . . . 98
307C Object of pt 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
307D Principles for tribunal in matters relating to this Act . . 98
Division 2 Notice for proceedings
307E Government entity may nominate decision-maker . . . 99
Division 3 Proceedings
307F Constitution of tribunal and hearing of compulsory
conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
307G Hearing must usually be held in private . . . . . . . . . . . 100
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Division 4 Children in proceedings
307H Requirements about ensuring proper understanding
of tribunal proceedings . . . . . . . . . . . . . . . . . . . . . . . . 101
307I Separate representation of children . . . . . . . . . . . . . . 101
307J Children must not be compelled to give evidence . . . 102
307K Child's right to express views to tribunal. . . . . . . . . . . 102
307L Children giving evidence or expressing views to
tribunal ............................... 102
307M Questioning of children. . . . . . . . . . . . . . . . . . . . . . . . 103
Division 5 Confidentiality
307N Confidentiality order . . . . . . . . . . . . . . . . . . . . . . . . . . 103
307O Limited access to tribunal's register of proceedings. . 104
307P Limited access to tribunal's record of proceedings. . . 105
307Q Certain information not to be published . . . . . . . . . . . 105
121 Amendment of s 319 (Right of review against particular
decisions) ................................... 106
122 Amendment of s 335 (Review of decision to remove name from
adoption list) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
123 Amendment of s 337 (Uncompleted review of decision to
remove persons from expression of interest register) . . . . . . . . . 106
124 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 107
Part 4 Amendment of Body Corporate and Community
Management Act 1997
125 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
126 Amendment of s 279 (Interim orders in context of adjudication) . 108
Part 5 Amendment of Child Protection Act 1999
127 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
128 Amendment of s 99H (Constitution of tribunal) . . . . . . . . . . . . . . 108
Part 6 Amendment of Crime and Misconduct Act 2001
129 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
130 Amendment of ss 56 and 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
131 Amendment of ss 76, 78A, 79, 187, 191 and 195A . . . . . . . . . . . 109
132 Amendment of s 78 (Procedure for documents subject to claim
of privilege). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
133 Amendment of s 86 (Search warrant applications). . . . . . . . . . . . 109
134 Amendment of s 109 (Definitions for pt 5) . . . . . . . . . . . . . . . . . . 110
135 Amendment of s 119B (Application of part 5A) . . . . . . . . . . . . . . 110
136 Amendment of s 119K (What suspension order must state) . . . . 110
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Contents
137 Amendment of s 124 (Issue of surveillance warrant) . . . . . . . . . . 110
138 Amendment of s 130 (Disclosure of information obtained using
surveillance warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
139 Amendment of s 146K (Protection from liability) . . . . . . . . . . . . . 111
140 Amendment of s 166 (Register of warrants, warrant applications
etc.) ...................................... 111
141 Amendment of s 170 (Provision for overnight detention) . . . . . . . 111
142 Amendment of s 227 (Advertising and nominations for
appointment) ............................... 111
143 Amendment of s 230 (Appointment of part-time commissioners) 111
144 Amendment of ss 326 and 339 . . . . . . . . . . . . . . . . . . . . . . . . . . 112
145 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 112
Part 7 Amendment of Fisheries Act 1994
146 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
147 Amendment of s 186 (Constitution of tribunal) . . . . . . . . . . . . . . . 113
Part 8 Amendment of Food Act 2006
148 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
149 Insertion of new s 240 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
240 Stay of operation of original decision . . . . . . . . . . . . . 113
Part 9 Amendment of Health and Other Legislation Amendment
Act 2009
150 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
151 Amendment of s 42 (Amendment of s 392 (Confidentiality)) . . . . 114
152 Amendment of s 43 (Amendment of schedule (Dictionary)). . . . . 115
Part 10 Amendment of Integrated Resort Development Act 1987
153 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
154 Replacement of s 175W (CCT jurisdiction) . . . . . . . . . . . . . . . . . 115
175W QCAT jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
155 Amendment of s 175X (CCT jurisdiction) . . . . . . . . . . . . . . . . . . . 116
156 Amendment of s 179B (Dealing with matter relating to
development control by-law). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
157 Amendment of s 179C (Internal dispute resolution processes to
be used before application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
158 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 117
Part 11 Amendment of Local Government Act 2009
159 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
160 Insertion of new ch 6, pt 5, div 4. . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 4 Equality of employment opportunity
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Contents
201A Equality of employment opportunity obligations . . . . . 117
201B QCAT's powers for an investigation . . . . . . . . . . . . . . 118
201C End of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
201D Local government to comply with recommendation . . 119
161 Amendment of s 270 (Regulation-making power) . . . . . . . . . . . . 119
Part 12 Amendment of Nursing Act 1992
162 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
163 Amendment of s 87 (Assessors to assist tribunal) . . . . . . . . . . . . 119
Part 13 Amendment of Pest Management Act 2001
164 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
165 Insertion of new s 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
107 Stay of operation of original decision . . . . . . . . . . . . . 120
Part 14 Amendment of Plumbing and Drainage Act 2002
166 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
167 Amendment of s 70B (Constitution of QCAT) . . . . . . . . . . . . . . . . 121
Part 15 Amendment of Police Powers and Responsibilities Act 2000
168 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
169 Amendment of s 207 (What suspension order must state) . . . . . 122
Part 16 Amendment of Private Health Facilities Act 1999
170 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
171 Insertion of new s 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
130 Stay of operation of original decision . . . . . . . . . . . . . 122
Part 17 Amendment of Property Agents and Motor Dealers Act 2000
172 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
173 Amendment of s 477 (Inspector may investigate claims and
report and related documents may be referred to the tribunal) . . 123
174 Replacement of s 598 (Approved forms) . . . . . . . . . . . . . . . . . . . 123
598 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Part 18 Amendment of Public Health (Infection Control for Personal
Appearance Services) Act 2003
175 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
176 Insertion of new s 123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
123 Stay of operation of original decision . . . . . . . . . . . . . 124
Part 19 Amendment of Queensland Building Services Authority Act
1991
177 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
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178 Amendment of s 95 (Expedited hearing of domestic building
disputes) ..................................... 125
Part 20 Amendment of Radiation Safety Act 1999
179 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
180 Insertion of new s 187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
187 Stay of operation of original decision . . . . . . . . . . . . . 127
Part 21 Amendment of Retail Shop Leases Act 1994
181 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
182 Amendment of s 17 (Application of Act to leases of service
stations) ..................................... 128
183 Amendment of s 63 (Reference of dispute--by mediator) . . . . . . 128
Part 22 Amendment of Sanctuary Cove Resort Act 1985
184 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
185 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 129
186 Replacement of s 94T (CCT jurisdiction) . . . . . . . . . . . . . . . . . . . 129
94T QCAT jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
187 Amendment of s 94U (CCT jurisdiction). . . . . . . . . . . . . . . . . . . . 129
188 Amendment of s 104B (Dealing with matter relating to
development control by-law). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
189 Amendment of s 104C (Internal dispute resolution processes to
be used before application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
Part 23 Amendment of Taxation Administration Act 2001
190 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
191 Amendment of s 29B (Application to withdraw electronic
payment notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
192 Amendment of s 61 (Interest on particular overpayments
following court's decision). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
193 Amendment of s 143B (Application to withdraw electronic
communication notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
194 Amendment of s 153C (Commissioner may require payment of
penalty) ....................................... 133
195 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 133
Part 24 Amendment of Veterinary Surgeons Act 1936
196 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
197 Amendment of s 15B (Constitution of tribunal). . . . . . . . . . . . . . . 134
Chapter 5 Other amendments
Part 1 Amendment of Classification of Computer Games and
Images Act 1995
198 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Contents
199 Amendment of s 12 (Advertisement to contain determined
markings and consumer advice) . . . . . . . . . . . . . . . . . . . . . . . . . 135
200 Amendment of s 30 (Appointment of inspectors) . . . . . . . . . . . . . 135
201 Amendment of s 51 (Obstructing inspector). . . . . . . . . . . . . . . . . 136
202 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 136
Part 2 Amendment of Classification of Films Act 1991
203 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
204 Amendment of s 4 (Inspectors and films classification officer). . . 137
205 Amendment of s 27 (Advertisement to contain determined
markings and consumer advice) . . . . . . . . . . . . . . . . . . . . . . . . . 137
206 Amendment of s 28 (False advertising of films prohibited). . . . . . 138
207 Amendment of s 56 (Approval of organisation) . . . . . . . . . . . . . . 138
Part 3 Amendment of Classification of Publications Act 1991
208 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
209 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 139
210 Amendment of s 5 (Inspectors) . . . . . . . . . . . . . . . . . . . . . . . . . . 139
211 Amendment of s 6A (Delegation by publications classification
officer) ....................................... 139
212 Amendment of s 11C (Publications for which display order may
be made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Part 4 Amendment of Disability Services Act 2006
213 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
214 Amendment of s 241 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . 140
Part 5 Amendment of Guardianship and Administration Act 2000
215 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
216 Amendment of s 29 (Other review of appointment) . . . . . . . . . . . 140
217 Amendment of s 265 (Powers of guardians--use of restrictive
practices) .................................... 141
218 Insertion of new ch 12, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Part 10 Transitional provision for State Penalties
Enforcement and Other Legislation
Amendment Act 2009
268 Declaration and validation concerning particular
reviews under s 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Part 6 Amendment of Information Privacy Act 2009
219 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
220 Amendment of s 50 (Decision-maker for application to agency) . 142
221 Amendment of s 51 (Decision-maker for application to Minister) . 142
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Contents
222 Amendment of s 69 (Information as to existence of particular
documents). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
223 Amendment of s 94 (Internal review) . . . . . . . . . . . . . . . . . . . . . . 143
224 Amendment of s 120 (Information commissioner to ensure
proper disclosure and return of documents). . . . . . . . . . . . . . . . . 143
225 Insertion of ch 8, pt 1 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
226 Insertion of new ch 8, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
212 Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
213 Retrospective validation for particular delegations
and directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
214 Decision under s 69(2) is a reviewable decision. . . . . 145
Part 7 Amendment of Right to Information Act 2009
227 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
228 Amendment of s 30 (Decision-maker for application to agency) . 145
229 Amendment of s 31 (Decision-maker for application to Minister) . 146
230 Amendment of s 55 (Information as to existence of particular
documents). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
231 Amendment of s 80 (Internal review) . . . . . . . . . . . . . . . . . . . . . . 146
232 Amendment of s 107 (Information commissioner to ensure
proper disclosure and return of documents). . . . . . . . . . . . . . . . . 147
233 Replacement of ch 7, pt 2, hdg (Transitional provisions) . . . . . . . 147
234 Insertion of new ch 7, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
204 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
205 Retrospective validation for particular delegations
and directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
206 Decision under s 55(2) is a reviewable decision. . . . . 148
Part 8 Amendment of Superannuation (State Public Sector) Act
1990
235 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
236 Amendment of s 3 (Establishment of board) . . . . . . . . . . . . . . . . 149
237 Insertion of new s 6DAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
6DAA Deputy chaiperson . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
238 Amendment of s 6I (Conduct of meetings). . . . . . . . . . . . . . . . . . 150
Page 14
2009
A Bill
for
An Act to amend the State Penalties Enforcement Act 1999 to
provide for vehicle immobilisation as an enforcement measure
and for other particular purposes, to amend legislation
mentioned in chapter 3 to facilitate the national exchange of
criminal history information in particular circumstances and for
other particular purposes, to amend the Queensland Civil and
Administrative Tribunal Act 2009 for particular purposes, to
amend other Acts mentioned in chapter 4 to make amendments
for particular purposes relating to the Queensland Civil and
Administrative Tribunal, and to amend the Classification of
Computer Games and Images Act 1995, the Classification of
Films Act 1991, the Classification of Publications Act 1991, the
Disability Services Act 2006, the Guardianship and
Administration Act 2000, the Industrial Relations Act 1999, the
Information Privacy Act 2009, the Right to Information Act 2009,
the Superannuation (State Public Sector) Act 1990 and the
Transport Operations (Road Use Management) Act 1995 for
particular purposes
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the State Penalties Enforcement and 4
Other Legislation Amendment Act 2009. 5
Clause 2 Commencement 6
(1) Chapter 2, part 1 (other than sections 4, 12, 35 and 38) and 7
part 3 commence on 1 January 2010. 8
(2) Chapter 3 (other than as provided under subsection (3) and 9
(4)) and chapter 4, part 3 commence on a day to be fixed by 10
proclamation. 11
(3) Section 54 commences immediately after the commencement 12
of the Queensland Civil and Administrative Tribunal Act 13
2009, chapter 7. 14
(4) Section 66, to the extent it inserts the Police Service 15
Administration Act 1990, section 10.2S, definition interstate 16
screening unit, paragraph (b) commences immediately after 17
the commencement of the Crimes Act 1914 (Cwlth), section 18
85ZZGA. 19
(5) Chapter 4, parts 4 to 8, 11 to 21 and 24 commence 20
immediately after the commencement of the Queensland Civil 21
and Administrative Tribunal Act 2009, chapter 7. 22
(6) Chapter 4, parts 10, 22 and 23 commence when the 23
Queensland Civil and Administrative Tribunal Act 2009, 24
chapter 7 commences. 25
Page 16
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 3]
Chapter 2 Amendment of State 1
Penalties Enforcement Act 2
1999 and related Acts 3
Part 1 Amendment of State Penalties 4
Enforcement Act 1999 5
Clause 3 Act amended 6
This part amends the State Penalties Enforcement Act 1999. 7
Clause 4 Amendment of s 34 (Default in paying fine, penalty or 8
other amount under court order) 9
(1) Section 34(1)-- 10
insert-- 11
`(h) an order mentioned in the Industrial Relations Act 1999, 12
section 400(1) or 408H(1).'. 13
(2) Section 34(2), after `subsection (1)(a) to (f)'-- 14
insert-- 15
`or (h)'. 16
Clause 5 Amendment of s 63 (Issue of enforcement warrant) 17
(1) Section 63(2)(a), after `property'-- 18
insert-- 19
`, other than exempt property,'. 20
(2) Section 63(3)(d)-- 21
renumber as section 63(3)(e). 22
(3) Section 63(3)(c)-- 23
omit, insert-- 24
Page 17
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 6]
`(c) for an enforcement warrant to seize and sell 1
property--state the date and time of issue and the date, 2
within 1 year after the warrant's issue, the warrant ends; 3
and 4
(d) for an another enforcement warrant--state the date and 5
time of issue and the date, within 6 months after the 6
warrant's issue, the warrant ends; and'. 7
(4) Section 63(4)-- 8
omit. 9
(5) Section 63(5) and (6)-- 10
renumber as section 63(4) and (5). 11
(6) Section 63-- 12
insert-- 13
`(6) Nothing in this Act prevents the registrar from issuing an 14
enforcement warrant to seize and sell a vehicle while it is 15
subject to an immobilisation warrant. 16
`(7) However, an enforcement warrant can not be enforced while a 17
vehicle is immobilised under an immobilisation warrant. 18
`(8) In this section-- 19
exempt property see the Supreme Court of Queensland Act 20
1991, schedule 2.'. 21
Clause 6 Insertion of new s 63A 22
After section 63-- 23
insert-- 24
`63A Renewal of enforcement warrant 25
`(1) Before an enforcement warrant ends, the warrant may be 26
renewed by the registrar for a period of-- 27
(a) for an enforcement warrant to seize and sell 28
property--not more than 1 year at any 1 time, from the 29
date the warrant ends; or 30
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 7]
(b) for another enforcement warrant--not more than 6 1
months at any one time, from the date the warrant ends. 2
`(2) A renewed enforcement warrant must state the period for 3
which the warrant has been renewed. 4
`(3) The priority of a renewed enforcement warrant is decided 5
according to the date the warrant was originally issued. 6
`(4) A copy of the renewed enforcement warrant must be served 7
on the enforcement debtor.'. 8
Clause 7 Insertion of new s 68A 9
After section 68-- 10
insert-- 11
`68A Offence of concealing, selling, transferring or 12
otherwise dealing with property subject to seizure 13
`An enforcement debtor who is served with a copy of an 14
enforcement warrant to seize and sell property must not 15
conceal, sell, transfer or otherwise deal with the property with 16
intent to-- 17
(a) defeat the enforcement of the warrant; or 18
(b) adversely affect any seizure or sale of the property under 19
this Act. 20
Maximum penalty--200 penalty units or 3 years 21
imprisonment.'. 22
Clause 8 Insertion of new s 69A 23
After section 69-- 24
insert-- 25
`69A Particular matters about enforcement of enforcement 26
warrant 27
`(1) The registrar must give an enforcement warrant to an 28
enforcement officer to be enforced, subject to any instruction 29
under section 69(1) for the warrant. 30
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 9]
`(2) An enforcement officer must-- 1
(a) have the warrant in the enforcement officer's possession 2
when enforcing the warrant; and 3
(b) for a warrant to seize or sell property--show the warrant 4
to any person claiming an interest in the property to be 5
seized. 6
`(3) Actual seizure is not necessary to authorise the sale of real 7
property under an enforcement warrant. 8
`(4) If there is an advertisement of a notice about real property 9
under section 73H, an enforcement officer is taken to have 10
seized the real property for the purpose of this division.'. 11
Clause 9 Amendment of s 72 (Powers under search warrant) 12
Section 72(1)-- 13
insert-- 14
`(d) power to do anything else reasonably necessary to be 15
done that is incidental to searching for and seizing any 16
property the enforcement officer may seize under an 17
enforcement warrant.'. 18
Clause 10 Insertion of new ss 73A-73K 19
After section 73-- 20
insert-- 21
`73A Notice to enforcement debtor etc. if seizure 22
`(1) An enforcement officer who seizes property under an 23
enforcement warrant must serve a notice complying with 24
subsection (2) on the enforcement debtor or the person who is 25
in possession of the property immediately before it is seized. 26
`(2) For subsection (1), the notice must-- 27
(a) be in the approved form; and 28
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 10]
(b) state the property that is seized for sale under the 1
warrant; and 2
(c) state that it is an offence-- 3
(i) to conceal, sell, transfer or otherwise deal with the 4
property seized with intent to-- 5
(A) defeat the enforcement of the enforcement 6
warrant; or 7
(B) adversely affect any seizure or sale of the 8
property under this Act; or 9
(ii) to interfere with property, seized by an 10
enforcement officer, left at the place of seizure or a 11
seizure tag or sticker placed on the property. 12
`73B Enforcement officer may authorise tow 13
`(1) This section applies if an enforcement officer arranges for a 14
motor vehicle seized under an enforcement warrant to be 15
towed to a holding yard. 16
`(2) An enforcement officer may sign a towing authority for the 17
seized vehicle. 18
`(3) The driver of a tow truck towing the seized motor vehicle 19
under a towing authority must tow the vehicle to-- 20
(a) if the enforcement officer directs the driver to tow the 21
motor vehicle to a particular holding yard--the holding 22
yard; or 23
(b) if paragraph (a) does not apply--the holding yard to 24
which the driver ordinarily tows motor vehicles. 25
`(4) In this section-- 26
towing authority means-- 27
(a) a towing authority under the Tow Truck Act 1973; or 28
(b) another document authorising a person to tow a motor 29
vehicle. 30
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 10]
`73C Order of selling property 1
`(1) An enforcement officer must seize and sell property in the 2
order appearing to the enforcement officer to be best for-- 3
(a) the prompt enforcement of the warrant without undue 4
expense; and 5
(b) subject to paragraph (a), minimising hardship to the 6
enforcement debtor and other persons. 7
`(2) However, the registrar may, after having regard to the matters 8
mentioned in subsection (1)(a) and (b), direct the enforcement 9
officer to seize and sell property in an order different to the 10
order mentioned in the subsection. 11
`(3) An enforcement officer may seize and sell an item of property 12
even though the enforcement officer considers that the item's 13
value exceeds the amount recoverable, but the enforcement 14
officer must not also seize and sell additional items. 15
`73D Payment by enforcement debtor before sale 16
`An enforcement officer must not sell property seized under 17
an enforcement warrant if, at or before the sale, the 18
enforcement debtor pays to the enforcement officer-- 19
(a) the amount stated in the warrant; and 20
(b) the costs of enforcement then known to the enforcement 21
officer. 22
`73E Storage before sale 23
`(1) Until sale, an enforcement officer must put goods seized 24
under an enforcement warrant in an appropriate place, or give 25
them to an appropriate person, approved by the registrar for 26
the purpose. 27
`(2) SPER must pay any storage expenses but may recover them as 28
costs of enforcement. 29
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 10]
`73F Nature of sale 1
`(1) Unless the registrar directs otherwise, an enforcement officer 2
must put up for sale by public auction all property liable to be 3
sold under an enforcement warrant-- 4
(a) as early as possible; and 5
(b) at a place and in a way appearing to the enforcement 6
officer to be suitable for a beneficial sale of the property. 7
`(2) The public auction may be conducted by the enforcement 8
officer or a person authorised by the registrar. 9
`(3) Property sold by public auction must be sold under the 10
following conditions of sale-- 11
(a) the property must be sold-- 12
(i) for goods, if the person conducting the auction 13
considers the particular lot in which the goods are 14
to be auctioned is worth less than $500, or for other 15
property if the enforcement debtor agrees--at the 16
best price obtainable; or 17
(ii) otherwise, if the reserve is reached--to the highest 18
bidder; 19
(b) if the person conducting the auction considers there is a 20
dispute as to who is the highest bidder, the property is to 21
be reauctioned and knocked down to the highest bidder. 22
`(4) However, before a sale by public auction, the enforcement 23
debtor may apply to the registrar for a direction that the 24
property be sold privately. 25
`(5) The application must state the facts relied on by the 26
enforcement debtor. 27
`(6) If the registrar gives a direction under subsection (4)-- 28
(a) the registrar may give the direction to an enforcement 29
officer; and 30
(b) the enforcement debtor must pay any costs already 31
incurred by an enforcement officer for the auction. 32
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`(7) If property put up for sale at public auction is not sold by 1
auction, an enforcement officer may sell the property 2
privately-- 3
(a) for an amount not less than the highest bid made at the 4
auction that the registrar considers is a reasonable 5
amount for the property; or 6
(b) if no bid was made at the auction--for an amount the 7
registrar considers is a reasonable amount for the 8
property. 9
Note-- 10
See section 73G (Sale at best price obtainable). 11
`(8) In this section-- 12
reserve, for property to be sold at auction, means the reserve 13
amount set by the registrar, that is an amount the registrar 14
considers is not less than a reasonable amount for the 15
property. 16
`73G Sale at best price obtainable 17
`(1) This section applies if the enforcement debtor's property has 18
not been sold under section 73F. 19
`(2) The registrar may direct an enforcement officer to sell the 20
property at the best price obtainable. 21
`73H Advertising 22
`(1) Before selling property seized under an enforcement warrant 23
an enforcement officer must arrange advertisement of a notice 24
giving the time and place of sale together with details of the 25
property to be sold. 26
`(2) However, an enforcement officer may sell seized goods 27
without arranging the advertisement if-- 28
(a) the goods are of a perishable nature; or 29
(b) the enforcement debtor requests it in writing. 30
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`(3) Also, if property seized under an enforcement warrant is put 1
up for sale at a public auction to be conducted by a person 2
other than an enforcement officer-- 3
(a) it is sufficient for a notice under subsection (1) to 4
contain only the details reasonable and usual for a 5
public auction of property of the same nature as the 6
seized property; and 7
(b) subsection (5) does not apply and advertisement of the 8
notice may be done in the way reasonable and usual for 9
a public auction of property of the same nature as the 10
seized property; and 11
(c) the registrar may require any additional advertising the 12
registrar considers reasonable. 13
`(4) An enforcement officer must send a copy of the notice by 14
prepaid post to the enforcement debtor at the enforcement 15
debtor's last known address. 16
`(5) In this section-- 17
advertisement, of a notice, means-- 18
(a) in any case--publication of the notice on SPER's 19
website; and 20
Editor's note-- 21
The address of SPER's website is . 22
(b) if there are 2 or more newspapers circulating in the 23
district where the property is located--publication of 24
the notice once in each of 2 of the newspapers not less 25
than 2 weeks, and no more than 4 weeks, before the date 26
of sale; and 27
(c) if there is only 1 newspaper circulating in the district 28
where the property is located--publication of the notice 29
twice in the newspaper (on different days, if practicable) 30
not less than 2 weeks, and no more than 4 weeks, before 31
the date of sale; and 32
(d) if there is no newspaper circulating in the district where 33
the property is located and the property to be sold is an 34
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interest in land--posting the notice on the land not less 1
than 2 weeks, and no more than 4 weeks, before the date 2
of sale; and 3
(e) if there is no newspaper circulating in the district where 4
the property is located and the property to be sold is not 5
an interest in land--posting the notice at the place 6
where the sale is to take place not less than 2 weeks, and 7
no more than 4 weeks, before the date of sale. 8
district means Magistrates Courts district. 9
`73I Postponement of sale 10
`(1) The registrar may, on application by the enforcement debtor 11
or on the advice of an enforcement officer, direct that a sale of 12
property seized under an enforcement warrant be postponed to 13
a stated date. 14
`(2) If the enforcement warrant authorising the seizure would 15
otherwise end before the stated date, the postponement 16
extends the warrant's validity until the end of the stated date. 17
`73J Accountability for, and distribution of, money 18
received 19
`(1) An enforcement officer must pay to the registrar all proceeds 20
of sale and other money received by the enforcement officer 21
under an enforcement warrant as soon as practicable after 22
receiving the money, whether before or after the seizure of 23
property under the warrant. 24
`(2) However, before making the payment, the enforcement officer 25
may deduct the enforcement officer's fees and expenses in 26
relation to enforcement or attempted enforcement. 27
`(3) The registrar must apply the money received from the 28
enforcement officer in the following order-- 29
(a) pay any other enforcement costs incurred by SPER in 30
seizing and selling, or attempting to seize and sell the 31
property; 32
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(b) from any balance, discharge any registered security 1
interest over the property; 2
(c) from any balance, pay the amount recoverable under the 3
enforcement warrant excluding costs; 4
(d) pay any balance to the enforcement debtor. 5
`(4) In this section-- 6
registered security interest means a security interest 7
registered under the Motor Vehicles and Boats Securities Act 8
1986 or the Bills of Sale and Other Instruments Act 1955. 9
`73K Reserve price provisions 10
`(1) To set an amount as a reasonable value of the property to be 11
sold, an enforcement officer may require the enforcement 12
debtor to give the enforcement officer any information about 13
the property that is known to, or can reasonably be obtained 14
by, the enforcement debtor. 15
`(2) An enforcement debtor required under subsection (1) to give 16
an enforcement officer any information about the property 17
that is known to, or can reasonably be obtained by, the 18
enforcement debtor must comply with the requirement, unless 19
the enforcement debtor has a reasonable excuse. 20
Maximum penalty--10 penalty units. 21
`(3) A failure by the enforcement debtor to comply with the 22
enforcement officer's requirement does not prevent the 23
registrar setting a reserve under section 73F. 24
`(4) The enforcement officer may communicate the amount set as 25
a reasonable value of property to any person before the sale 26
only if the communication is necessary to conduct the sale or 27
there is another sufficient excuse.'. 28
Clause 11 Amendment of s 75 (Issue of fine collection notice) 29
Section 75(2)(b), at the end-- 30
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insert-- 1
`or'. 2
Clause 12 Amendment of s 104 (Criteria for suspending driver 3
licence) 4
Section 104(1)-- 5
omit, insert-- 6
`(1) This division applies whether or not the enforcement debtor 7
has a driver licence. 8
Editor's note-- 9
See section 106.'. 10
Clause 13 Insertion of new pt 5, div 7A 11
After section 108-- 12
insert-- 13
`Division 7A Enforcement by vehicle 14
immobilisation 15
`Subdivision 1 Criteria for vehicle immobilisation 16
`108A Criteria for vehicle immobilisation 17
`A vehicle may be immobilised under this division if-- 18
(a) the vehicle is of a type that under section 108B may be 19
immobilised under this division; and 20
(b) an enforcement debtor is the sole registered operator of 21
the vehicle; and 22
(c) the amount owing by the enforcement debtor is at least 23
the amount prescribed under a regulation; and 24
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(d) the registrar is satisfied the enforcement debtor is not 1
taking action to dispute the amount owed or part of it 2
and any of the following applies in relation to the 3
enforcement debtor-- 4
(i) the enforcement debtor has failed to pay an amount 5
stated in an enforcement order within 28 days after 6
the date of the order; 7
(ii) an instalment payment notice has been cancelled; 8
(iii) a fine option order has been revoked; 9
(iv) a good behaviour order has been cancelled; and 10
(e) the registrar is satisfied either-- 11
(i) it is not possible or appropriate for another form of 12
enforcement action under this Act to be applied to 13
the enforcement debtor; or 14
(ii) another form of enforcement action has been 15
attempted unsuccessfully under this Act in relation 16
to the enforcement debtor. 17
`108B Types of vehicles that may be immobilised 18
`(1) The following vehicles may be immobilised under this 19
division-- 20
(a) a motor vehicle that has wheels; 21
(b) a trailer, including a caravan, built to be attached to a 22
motor vehicle that has wheels. 23
`(2) However, the following vehicles may not be immobilised 24
under this division-- 25
(a) a motorised wheelchair; 26
(b) a motorised wheeled recreational device; 27
(c) any of the following used wholly or primarily by a 28
person with a disability or by the person's carer-- 29
(i) a scooter; 30
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(ii) a quad bike; 1
(iii) a motor vehicle that has been adapted to 2
accommodate the disability. 3
`Subdivision 2 Notice of intention to issue 4
immobilisation warrant 5
`108C Registrar to serve notice of intention to issue 6
immobilisation warrant 7
`If the registrar wants to immobilise 1 or more vehicles under 8
this division, the registrar must serve the enforcement debtor 9
with a notice of intention to issue an immobilisation warrant 10
under section 146A. 11
`Subdivision 3 Immobilisation warrant and related 12
matters 13
`108D Issue and service of immobilisation warrant 14
`(1) The registrar may issue a warrant under section 146B 15
(immobilisation warrant) if, within 14 days after a notice of 16
intention to issue an immobilisation warrant was served on the 17
enforcement debtor, none of the following happens-- 18
(a) the enforcement debtor pays in full the amount stated in 19
the notice as owing by the enforcement debtor; 20
(b) on application mentioned in section 41(b) or (c) by the 21
enforcement debtor, the registrar decides to allow 22
payment of the amount owing by instalments or makes a 23
fine option order; 24
(c) the enforcement debtor takes action to dispute part or all 25
of the amount owing; 26
(d) a good behaviour order in relation to the enforcement 27
debtor is made. 28
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`(2) In deciding whether to issue an immobilisation warrant for a 1
vehicle, the registrar may have regard to whether 2
immobilising the vehicle would cause severe or unusual 3
hardship to the enforcement debtor, the enforcement debtor's 4
family or another person who uses the vehicle but has no 5
capacity to ensure the enforcement debtor pays the amount 6
owing. 7
`(3) A copy of the immobilisation warrant must be served on the 8
enforcement debtor as soon as practicable after it is issued. 9
`108E Registrar may cancel, suspend or vary 10
immobilisation warrant 11
`(1) A person claiming an interest in a vehicle that is or is about to 12
be immobilised under an immobilisation warrant may apply to 13
the registrar for the cancellation, suspension or variation of all 14
or part of the warrant, including because of facts that arise or 15
are discovered after the warrant was issued. 16
`(2) The application must be written and state the facts relied on 17
by the applicant. 18
`(3) The registrar may, by order, cancel, suspend or vary an 19
immobilisation warrant. 20
`108F Effect of immobilisation warrant 21
`(1) An immobilisation warrant for a vehicle authorises an 22
enforcement officer to immobilise the vehicle stated in the 23
warrant, without further notice to the enforcement debtor and 24
without the enforcement debtor's consent, by attaching an 25
immobilising device to the vehicle. 26
`(2) Under an immobilisation warrant, an enforcement officer has 27
the additional powers stated in section 108I. 28
`(3) On the issue of an immobilisation warrant, the amount owing 29
by the enforcement debtor is increased to the total of the 30
amount unpaid before the warrant was issued and the civil 31
enforcement fee. 32
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`108G Who may enforce an immobilisation warrant 1
`An immobilisation warrant may be enforced by an 2
enforcement officer. 3
`108H Where and when an immobilisation warrant may or 4
may not be enforced 5
`(1) Under an immobilisation warrant for a vehicle, an 6
immobilising device may be attached to the vehicle stated in 7
the warrant if it is parked or stopped-- 8
(a) in a public place; or 9
(b) on property occupied by the enforcement debtor; or 10
(c) if the enforcement debtor is not an individual, at the 11
enforcement debtor's place of business or registered 12
office; or 13
(d) at any other premises, but only with the consent of the 14
occupier of the premises. 15
`(2) The vehicle may be immobilised even if it is unattended. 16
`(3) An enforcement officer may enforce an immobilisation 17
warrant at any reasonable time of the day or night. 18
`(4) An enforcement officer must not enforce an immobilisation 19
warrant-- 20
(a) at a place where the vehicle, if immobilised, could 21
impede the use of the place or the road network or be a 22
risk to safety; or 23
(b) at a place where the enforcement officer reasonably 24
believes the safety of the driver and any other occupants 25
of the vehicle may be at risk, for example, at an isolated 26
location; or 27
(c) if, before the immobilising device is attached to the 28
enforcement debtor's vehicle-- 29
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(i) the enforcement debtor pays in full the amount 1
stated in the immobilisation warrant as owing by 2
the enforcement debtor; or 3
(ii) on application mentioned in section 41(b) or (c) by 4
the enforcement debtor, the registrar decides to 5
allow payment of the amount owing by instalments 6
or makes a fine option order; or 7
(iii) a good behaviour order is made against the 8
enforcement debtor. 9
`(5) In this section-- 10
public place means an area that is open to or used by the 11
public and is developed for, or has as 1 of its uses, the driving 12
or riding of motor vehicles, whether on payment of a fee or 13
otherwise. 14
`108I Additional powers under an immobilisation warrant 15
`(1) For the purpose of enforcing an immobilisation warrant for a 16
vehicle, an enforcement officer may also-- 17
(a) enter and re-enter a public place; and 18
(b) enter and re-enter premises occupied by the enforcement 19
debtor, without the enforcement debtor's consent; and 20
(c) enter and re-enter premises, other than premises 21
mentioned in paragraph (b), with the consent of the 22
occupier of the premises; and 23
(d) do anything else reasonably necessary to immobilise the 24
vehicle. 25
`(2) However, an enforcement officer may, under subsection 26
(1)(b), enter a part of any premises used only for residential 27
purposes only if the occupier consents to the entry or entry is 28
authorised under an immobilisation search warrant. 29
`(3) In this section-- 30
public place means a place that is open to or used by the 31
public, whether or not on payment of a fee. 32
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`108J Entry to ask occupier for consent to enter 1
`For the purpose of asking an occupier of premises for consent 2
to enter, an enforcement officer may, without the occupier's 3
consent or a warrant-- 4
(a) enter land around the premises to an extent that is 5
reasonable to contact the occupier; or 6
(b) enter part of the premises the enforcement officer 7
reasonably considers members of the public ordinarily 8
are allowed to enter when they wish to contact the 9
occupier. 10
`108K Entry with consent 11
`(1) This section applies if an enforcement officer intends to ask an 12
occupier of premises to consent to the enforcement officer or 13
another enforcement officer entering the premises under 14
section 108I. 15
`(2) Before asking for the consent, the enforcement officer must 16
show the occupier the immobilisation warrant and tell the 17
occupier-- 18
(a) the purpose of the entry; and 19
(b) that the occupier is not required to consent. 20
`(3) If the consent is given, the enforcement officer may ask the 21
occupier to sign an acknowledgement of the consent. 22
`(4) The acknowledgement must state-- 23
(a) the occupier has been told-- 24
(i) the purpose of the entry; and 25
(ii) that the occupier is not required to consent; and 26
(b) the purpose of the entry; and 27
(c) the occupier gives the enforcement officer consent to 28
enter and re-enter the premises and enforce the warrant; 29
and 30
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(d) the time and date the consent was given. 1
`(5) If the occupier signs the acknowledgement, the enforcement 2
officer must immediately give a copy to the occupier. 3
`(6) If-- 4
(a) an issue arises in a proceeding about whether the 5
occupier consented to the entry or re-entry; and 6
(b) an acknowledgement complying with subsection (4) for 7
the entry or re-entry is not produced in evidence; 8
the onus of proof is on the person relying on the lawfulness of 9
the entry or re-entry to prove the occupier consented. 10
`108L Immobilisation search warrant 11
`(1) This section applies if an enforcement officer reasonably 12
believes that-- 13
(a) there may be at any premises a vehicle mentioned in an 14
immobilisation warrant; and 15
(b) the vehicle has been relocated by or for the enforcement 16
debtor in an attempt to avoid enforcement of the 17
warrant. 18
`(2) The enforcement officer may apply to a magistrate or a justice 19
of the peace (magistrates court), who is not an official within 20
the meaning of section 12, for the issue of a search warrant 21
(immobilisation search warrant) under this section. 22
`(3) The magistrate or justice (issuer) may refuse to consider the 23
application until the enforcement officer gives the issuer all 24
the information the issuer requires about the application in the 25
way the issuer requires. 26
Example-- 27
The issuer may require additional information about the application to 28
be given by statutory declaration. 29
`(4) The issuer may issue the warrant only if satisfied there are 30
reasonable grounds for believing the matters mentioned in 31
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subsection (1)(a) and (b). 1
`(5) The warrant must comply with section 146D. 2
`108M Powers under immobilisation search warrant 3
`An enforcement officer has the following powers under an 4
immobilisation search warrant-- 5
(a) power to enter and re-enter stated premises and to stay 6
on the premises for the time reasonably necessary to 7
search for the vehicle; 8
(b) power to search for the vehicle; 9
(c) power to use reasonable help for paragraphs (a) and (b). 10
`108N Immobilisation notice 11
`As soon as practicable after immobilising a vehicle under an 12
immobilisation warrant, an enforcement officer must attach a 13
notice (immobilisation notice) under section 146C to a 14
prominent place on the vehicle, for example, the windscreen 15
of a motor vehicle. 16
`108O Immobilisation period and access to vehicle 17
`(1) An immobilising device and immobilisation notice may be 18
attached to a vehicle stated in an immobilisation warrant for 19
no longer than 5 days (the immobilisation period). 20
`(2) The enforcement debtor is not prevented from accessing the 21
vehicle, for example, to retrieve personal property, during the 22
immobilisation period. 23
`108P When immobilising device may be removed before 24
end of immobilisation period 25
`(1) The registrar must direct an enforcement officer to remove the 26
immobilising device and immobilisation notice as soon as 27
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practicable if, before the end of the immobilisation period, the 1
registrar is satisfied that-- 2
(a) the enforcement debtor has paid in full the amount 3
stated in the immobilisation warrant as owing by the 4
enforcement debtor; or 5
(b) on application mentioned in section 41(b) or (c) by the 6
enforcement debtor, the registrar decided to allow 7
payment of the amount owing by instalments or makes a 8
fine option order; or 9
(c) a good behaviour order has been made against the 10
enforcement debtor; or 11
(d) the immobilised vehicle is impeding the use of a place 12
or the road network or is a risk to safety. 13
`(2) The registrar may also direct an enforcement officer to 14
remove the immobilising device and immobilisation notice as 15
soon as practicable if, before the end of the immobilisation 16
period, the registrar is satisfied that if the immobilising device 17
is not removed before the end of the immobilisation period, 18
severe or unusual hardship would be caused to-- 19
(a) the enforcement debtor or the enforcement debtor's 20
family; or 21
(b) another person who uses the vehicle but has no capacity 22
to ensure the enforcement debtor pays the amount 23
owing. 24
`108Q Removal of immobilising device immediately after 25
immobilisation period ends 26
`An enforcement officer must remove the immobilising device 27
and immobilisation notice from the vehicle immediately after 28
the immobilisation period for the vehicle ends. 29
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`108R Direction by registrar to seize vehicle under 1
enforcement warrant 2
`The registrar may direct an enforcement officer to seize a 3
vehicle under an enforcement warrant if-- 4
(a) the immobilisation period has ended or the 5
immobilising device and immobilisation notice have 6
been removed from the vehicle before the end of the 7
immobilisation period; and 8
(b) none of the following has happened-- 9
(i) the enforcement debtor has paid the amount stated 10
in the immobilisation warrant; 11
(ii) the registrar has decided, on application mentioned 12
in section 41(b) or (c) by the enforcement debtor, 13
to allow payment of the amount owing by 14
instalments or makes a fine option order; 15
(iii) a good behaviour order is made against the 16
enforcement debtor. 17
`108S Direction by registrar to re-enforce current 18
immobilisation warrant 19
`The registrar may direct an enforcement officer to re-enforce 20
a current immobilisation warrant if, after the warrant is 21
issued-- 22
(a) an instalment payment notice is issued and is 23
subsequently cancelled; or 24
(b) a fine option order is made against the enforcement 25
debtor and is subsequently revoked; or 26
(c) a behaviour order is made against the enforcement 27
debtor and is subsequently cancelled. 28
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`108T Return of immobilisation warrant 1
`(1) An enforcement officer must, within a reasonable time, give 2
to the registrar a return about the enforcement or otherwise of 3
an immobilisation warrant. 4
`(2) The return must be made by giving to the registrar a certificate 5
signed by the enforcement officer stating what was done to 6
enforce the warrant, or what other action, if any, was taken. 7
`108U Notice of damage--immobilisation warrant 8
`(1) This section applies if an enforcement officer damages 9
property when exercising or purporting to exercise a power 10
under an immobilisation warrant. 11
`(2) The officer must immediately give written notice of 12
particulars of the damage to the person who appears to the 13
officer to be the owner of the property. 14
`(3) If the officer believes the damage was caused by a latent 15
defect in the property or circumstances beyond the officer's 16
control, the enforcement officer may state the belief in the 17
notice. 18
`(4) If, for any reason, it is impracticable to comply with 19
subsection (2), the officer must leave the notice in a 20
conspicuous position and in a reasonably secure way where 21
the damage happened. 22
`(5) This section does not apply to damage the officer reasonably 23
believes is trivial. 24
`(6) In this section-- 25
owner, of property, includes the person in possession or 26
control of it. 27
`108V Compensation--immobilisation warrant 28
`(1) A person may claim from the State the cost of repairing or 29
replacing property damaged by an enforcement officer when 30
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exercising or purporting to exercise a power under an 1
immobilisation warrant. 2
`(2) Without limiting subsection (1), compensation may be 3
claimed for a loss or expense incurred in complying with a 4
requirement made of the person under section 114. 5
`(3) Compensation may be claimed and ordered to be paid in a 6
proceeding-- 7
(a) brought in a court with jurisdiction for the recovery of 8
the amount of compensation claimed; or 9
(b) for an offence against this Act brought against the 10
person claiming compensation. 11
`(4) A court may order compensation to be paid only if it is 12
satisfied it is just to make the order in the circumstances of the 13
particular case. 14
`108W Effect of immobilisation on vehicle insurance 15
`(1) A claim under a vehicle insurance policy for an event that 16
occurred during the immobilisation period can not be refused 17
merely because the vehicle was immobilised under this 18
division. 19
`(2) Subsection (1) applies despite anything to the contrary in a 20
vehicle insurance policy or other agreement. 21
`Subdivision 4 Offences 22
`108X Offences of concealing, selling, transferring or 23
otherwise dealing with vehicle with particular intent 24
`(1) An enforcement debtor who is the registered operator of a 25
vehicle mentioned in a notice of intention to issue an 26
immobilisation warrant must not conceal, sell, transfer or 27
otherwise deal with the vehicle with intent to avoid the issue 28
of an immobilisation warrant for the vehicle. 29
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Maximum penalty--200 penalty units or 3 years 1
imprisonment. 2
`(2) An enforcement debtor who is the registered operator of a 3
vehicle mentioned in an immobilisation warrant must not 4
conceal, sell, transfer or otherwise deal with the vehicle with 5
intent to avoid the enforcement of the warrant. 6
Maximum penalty--200 penalty units or 3 years 7
imprisonment. 8
`108Y Offence of interfering with or removing immobilised 9
vehicle 10
`A person must not interfere with, or remove, an immobilised 11
vehicle during the immobilisation period with intent to 12
adversely affect any seizure or sale of the vehicle under this 13
Act. 14
Maximum penalty--200 penalty units or 3 years 15
imprisonment. 16
`108Z Offence of tampering with or removing immobilising 17
device or immobilising notice 18
`A person must not, without reasonable excuse, tamper with, 19
or remove, or attempt to remove, an immobilising device or an 20
immobilisation notice attached to a vehicle under this Act. 21
Maximum penalty--50 penalty units.'. 22
Clause 14 Amendment of s 110 (Registration of interests) 23
Section 110-- 24
insert-- 25
`(2A) The registration of an interest in a motor vehicle under 26
subsection (2) does not prevent the registrar issuing any of the 27
following in relation to the vehicle-- 28
(a) a notice of intention to immobilise a vehicle; 29
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 15]
(b) an immobilisation warrant; 1
(c) an enforcement warrant to seize and sell property.'. 2
Clause 15 Amendment of s 111 (Order of satisfaction of fines for 3
infringement notice offences) 4
Section 111(1), after `enforcement warrant'-- 5
insert-- 6
`, immobilisation warrant'. 7
Clause 16 Amendment of s 112 (Order of satisfaction of other 8
amounts) 9
Section 112(1), after `enforcement warrant'-- 10
insert-- 11
`, immobilisation warrant'. 12
Clause 17 Amendment of s 113 (Order of satisfaction if more than 1 13
enforcement order) 14
(1) Section 113(1), after `enforcement warrant'-- 15
insert-- 16
`, immobilisation warrant'. 17
(2) Section 113(3), example 1(a), `and' second mention-- 18
omit. 19
(3) Section 113(3), example 2(a) to (c), `and' second mention-- 20
omit. 21
Clause 18 Amendment of s 114 (Power of person serving fine 22
collection notice or enforcing warrant to demand name 23
and address etc.) 24
(1) Section 114(5) and (6)-- 25
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 18]
renumber as section 114(7) and (8). 1
(2) Section 114-- 2
insert-- 3
`(5) An enforcement officer who is enforcing an immobilisation 4
warrant may require a person the enforcement officer 5
reasonably suspects to be the person named in the warrant to 6
answer a question relevant to the warrant or the exercise of 7
powers under this Act because of the warrant. 8
Example of a question under this subsection-- 9
a question to establish a vehicle's location 10
`(6) When making a requirement under subsection (5), the 11
enforcement officer must warn the person that, unless the 12
person has a reasonable excuse, it is an offence not to provide 13
the answer required.'. 14
(3) Section 114(7), as renumbered, `subsection (1) or (2)'-- 15
omit, insert-- 16
`subsection (1), (2) or (5)'. 17
(4) Section 114(8), as renumbered, `subsection (5)'-- 18
omit, insert-- 19
`subsection (7)'. 20
(5) Section 114-- 21
insert-- 22
`(9) Before exercising a power under subsection (1) or (5) in 23
relation to a person, the enforcement officer must show the 24
person the identity card given to the enforcement officer under 25
section 10.'. 26
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 19]
Clause 19 Amendment of s 115 (Effect of particular proceedings) 1
Section 115(1)(b), after `enforcement warrant'-- 2
insert-- 3
`, an immobilisation warrant'. 4
Clause 20 Amendment of s 116 (Offence of obstructing enforcement 5
officer) 6
Section 116, after `not'-- 7
insert-- 8
`threaten,'. 9
Clause 21 Amendment of s 117 (Offence of defacing or removing 10
seizure tags) 11
Section 117, penalty-- 12
omit, insert-- 13
`Maximum penalty--50 penalty units.'. 14
Clause 22 Amendment of s 118 (Good behaviour order when 15
imprisonment not appropriate) 16
Section 118(1)(a), after `enforcement warrant'-- 17
insert-- 18
`, an immobilisation warrant'. 19
Clause 23 Amendment of s 119 (Enforcement by imprisonment) 20
(1) Section 119(1), after `enforcement warrant', first mention-- 21
insert-- 22
`or immobilisation warrant'. 23
(2) Section 119(1), `enforcement', last mention-- 24
omit. 25
Page 44
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 24]
(3) Section 119(2), after `enforcement warrant'-- 1
insert-- 2
`or immobilisation warrant'. 3
Clause 24 Amendment of s 136 (Instalment payment notice) 4
Section 136(1)(i)(i), after `enforcement warrant'-- 5
insert-- 6
`, immobilisation warrant'. 7
Clause 25 Amendment of s 137 (Enforcement order) 8
(1) Section 137(1)(e), `or' last mention-- 9
omit. 10
(2) Section 137(1)(f)-- 11
insert-- 12
`(vi) issue an immobilisation warrant empowering the 13
immobilisation of a vehicle of which the 14
enforcement debtor is the registered operator;'. 15
Clause 26 Insertion of new ss 146A-146D 16
Part 9, division 1, after section 146-- 17
insert-- 18
`146A Notice of intention to issue immobilisation warrant 19
`A notice of intention to issue an immobilisation warrant 20
notice must-- 21
(a) be in the approved form; and 22
(b) state the amount owing by the enforcement debtor; and 23
(c) state the vehicle or vehicles proposed to be immobilised 24
under an immobilisation warrant; and 25
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 26]
(d) state that an immobilisation warrant may be issued after 1
14 days unless-- 2
(i) the enforcement debtor pays the amount stated in 3
the notice in full; or 4
(ii) on application mentioned in section 41(b) or (c) by 5
the enforcement debtor, the registrar decides to 6
allow payment of the amount owing by instalments 7
or makes a fine option order; or 8
(iii) a good behaviour order is made against the 9
enforcement debtor; and 10
(e) state that an immobilisation warrant empowers an 11
enforcement officer to immobilise the vehicle stated in 12
the warrant, without further notice to the debtor and 13
without the debtor's consent; and 14
(f) state where, when and for how long the vehicle may be 15
immobilised under the warrant; and 16
(g) state that the vehicle may be liable to be seized and sold 17
under an enforcement warrant immediately after the 18
immobilisation period ends unless-- 19
(i) the enforcement debtor pays the amount stated in 20
the notice in full; or 21
(ii) on application mentioned in section 41(b) or (c) by 22
the enforcement debtor, the registrar decides to 23
allow payment of the amount owing by instalments 24
or makes a fine option order; or 25
(iii) a good behaviour order is made against the 26
enforcement debtor; and 27
(h) state that it is an offence-- 28
(i) to conceal, sell, transfer or otherwise deal with the 29
vehicle with intent to avoid the issue of an 30
immobilisation warrant or to defeat the 31
enforcement of an immobilisation warrant; or 32
Page 46
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 26]
(ii) to interfere with or remove an immobilised vehicle 1
during the immobilisation period with intent to 2
adversely affect any seizure or sale of the vehicle 3
under this Act; or 4
(iii) to threaten, obstruct or assault an enforcement 5
officer acting in the performance of duties under 6
this Act; or 7
(iv) to tamper with or remove or attempt to remove an 8
immobilising device or an immobilisation notice 9
attached to a vehicle under this Act. 10
`146B Form of immobilisation warrant 11
`(1) An immobilisation warrant must-- 12
(a) be in the approved form; and 13
(b) be directed to all enforcement officers; and 14
(c) state the full name and address of the enforcement 15
debtor; and 16
(d) state the amount owing by the enforcement debtor; and 17
(e) include a debt schedule that-- 18
(i) for a fine, states the offence for which the amount 19
became payable; or 20
(ii) for an amount owing because of a court order, 21
states the original order of the court to which the 22
amount relates; and 23
(f) state the date and time of issue of the warrant and the 24
date, within 12 months of the warrant's issue, the 25
warrant ends; and 26
(g) state the vehicle or vehicles to be immobilised under the 27
warrant; and 28
(h) state that the vehicle or vehicles may be liable to be 29
seized and sold under an enforcement warrant 30
Page 47
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 26]
immediately after the immobilisation period ends 1
unless-- 2
(i) the enforcement debtor pays the amount stated in 3
the warrant in full; or 4
(ii) on application mentioned in section 41(b) or (c) by 5
the enforcement debtor, the registrar decides to 6
allow payment of the amount owing by instalments 7
or makes a fine option order; or 8
(iii) a good behaviour order is made against the 9
enforcement debtor; and 10
(i) state that it is an offence-- 11
(i) to interfere with or remove an immobilised vehicle 12
during the immobilisation period with intent to 13
adversely affect any seizure or sale of the vehicle 14
under this Act; or 15
(ii) to threaten, obstruct or assault an enforcement 16
officer acting in the performance of duties under 17
this Act; or 18
(iii) to tamper with or remove or attempt to remove an 19
immobilising device or an immobilisation notice 20
attached to a vehicle under this Act. 21
`(2) An immobilisation warrant may mention more than 1 vehicle. 22
`146C Form of immobilisation notice 23
`An immobilisation notice must be in the approved form and 24
state-- 25
(a) that the vehicle has been immobilised because the 26
registered operator of the vehicle is a person against 27
whom an immobilisation warrant has been issued; and 28
(b) how long the immobilising device may remain attached 29
to the vehicle; and 30
(c) that it is an offence-- 31
Page 48
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 27]
(i) to interfere with or remove an immobilised vehicle 1
during the immobilisation period with intent to 2
adversely affect any seizure or sale of the vehicle 3
under this Act; or 4
(ii) to threaten, obstruct or assault an enforcement 5
officer acting in the performance of duties under 6
this Act; or 7
(iii) to tamper with or remove or attempt to remove an 8
immobilising device or an immobilisation notice 9
attached to a vehicle under this Act. 10
`146D Form of immobilisation search warrant 11
`An immobilisation search warrant must be in the approved 12
form and state-- 13
(a) that a stated enforcement officer, or all enforcement 14
officers, may enter the stated premises and exercise the 15
powers mentioned in section 108M; and 16
(b) if the warrant is to be enforced at night--the hours when 17
the stated premises may be entered; and 18
(c) when the warrant ends being a time no more than 7 days 19
after it is issued. 20
Clause 27 Amendment of s 147 (Effect of notices, orders and 21
warrants) 22
Section 147-- 23
insert-- 24
`(2) If the registrar believes that the enforcement debtor or any of 25
the enforcement debtor's property is in a Magistrates Court 26
district other than the Brisbane Magistrates Court district (the 27
receiving district), the registrar may send a warrant issued by 28
the registrar to the registrar of the court in the receiving 29
district (the receiving registrar). 30
`(3) The receiving registrar must-- 31
Page 49
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 28]
(a) record the warrant; and 1
(b) stamp the warrant with the court seal; and 2
(c) issue the warrant to an enforcement officer in the 3
receiving district and record having issued it. 4
`(4) An enforcement officer in the receiving district-- 5
(a) is authorised and required to act as if the warrant had 6
been directed to the enforcement officer; and 7
(b) must, within a reasonable time, report in writing to the 8
receiving registrar about what the enforcement officer 9
has done to enforce the warrant; and 10
(c) must, within a reasonable time, give the receiving 11
registrar any money received in the enforcement of the 12
warrant.'. 13
Clause 28 Amendment of s 148 (Electronic transmission of 14
particular documents) 15
Section 148(2), after `enforcement warrant'-- 16
insert-- 17
`or immobilisation warrant'. 18
Clause 29 Amendment of s 150B (Guidelines) 19
Section 150B-- 20
insert-- 21
`(3) The registrar may issue guidelines for the purposes of section 22
108B, 108C, 108D(2), 108H(4)(a) or (b) or 108P(1)(d) or (2). 23
`(4) Without limiting subsection (3), a guideline for the purposes 24
of section 108D(2) or 108P(2) may deal with-- 25
(a) whether there is severe or unusual hardship caused by 26
depriving an enforcement debtor of the enforcement 27
debtor's means of earning a living; and 28
Page 50
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 30]
(b) whether there is severe or unusual hardship caused other 1
than by depriving an enforcement debtor of the 2
enforcement debtor's means of earning a living. 3
`(5) The registrar-- 4
(a) may have regard to a guideline issued by the registrar for 5
the purposes of section 108B, 108D(2) or 108P(2); and 6
(b) must have regard to a guideline issued by the registrar 7
for the purposes of section 108C or 108P(1)(d). 8
`(6) An enforcement officer must have regard to a guideline issued 9
by the registrar for the purposes of section 108H(4)(a) or (b). 10
`(7) A guideline under subsection (3) must be publicly available 11
including available on SPER's website. 12
Editor's note-- 13
The address of SPER's website is .'. 14
Clause 30 Insertion of new s 151A 15
After section 151-- 16
insert-- 17
`151A Registrar may advise commissioner of police service 18
of particular information 19
`(1) The registrar may advise the commissioner of the police 20
service of the following information-- 21
(a) that the registrar has issued a particular immobilisation 22
warrant; 23
(b) when and where the registrar proposes to have the 24
warrant enforced. 25
`(2) The information may only be used by the Queensland Police 26
Service in relation to the enforcement of the warrant.'. 27
Clause 31 Amendment of s 153 (Register) 28
(1) Section 153(2)(j)-- 29
Page 51
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 32]
renumber as section 153(2)(l). 1
(2) Section 153(2)-- 2
insert-- 3
`(j) a notice of intention to issue an immobilisation warrant; 4
(k) an immobilisation warrant;'. 5
Clause 32 Amendment of s 155 (Non-reviewable decision) 6
(1) Section 155(1)(a)(ii), (b), (c)(v) and (e), `or'-- 7
omit. 8
(2) Section 155(1)-- 9
insert-- 10
`(g) a decision of the registrar to issue-- 11
(i) a notice of intention to issue an immobilisation 12
warrant; or 13
(ii) an immobilisation warrant.'. 14
Clause 33 Amendment of s 157 (Evidentiary provisions) 15
Section 157(3)-- 16
insert-- 17
`(i) a notice of intention to issue an immobilisation warrant 18
was served on a stated person on a stated day; 19
(j) an immobilisation warrant was served on a stated person 20
on a stated day.'. 21
Clause 34 Amendment of s 158 (Service of document) 22
Section 158-- 23
insert-- 24
Page 52
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 35]
`(3) For the Acts Interpretation Act 1954, part 10, a notice of 1
intention to issue an immobilisation warrant, or an 2
immobilisation warrant, for a vehicle may be sent by post or 3
facsimile to the enforcement debtor at-- 4
(a) the address registered under the Transport Operations 5
(Road Use Management) Act 1995 of the vehicle's 6
registered operator (the registered address); or 7
(b) the address last known to the registrar to be-- 8
(i) if the enforcement debtor is an individual--the 9
enforcement debtor's residential or business 10
address; or 11
(ii) if the enforcement debtor is a corporation--the 12
head office, a registered office or a principal office 13
of the corporation. 14
Clause 35 Insertion of new s 159A 15
Part 9, division 2, after section 159-- 16
insert-- 17
`159A Registrar may communicate with enforcement 18
debtors by SMS 19
`The registrar may communicate with an enforcement debtor 20
by SMS, without the enforcement debtor's consent, about-- 21
(a) enforcement action under the Act that is being, or may 22
be, taken against the enforcement debtor; or 23
(b) matters relating to the enforcement debtor's payment of 24
the amount owing.'. 25
Clause 36 Amendment of s 165 (Regulation-making power) 26
(1) Section 165(5)(a), after `enforcement warrants'-- 27
insert-- 28
`, immobilisation warrants'. 29
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 37]
(2) Section 165(5)(c) to (e)-- 1
omit. 2
Clause 37 Amendment of s 169 (Saving of enforcement orders) 3
Section 169(1), `section 98O'-- 4
omit, insert-- 5
`section 98P'. 6
Clause 38 Insertion of new s 174A 7
Part 10, division 2-- 8
insert-- 9
`174A Particular orders made under Industrial Relations 10
Act 1999 11
`(1) Subsection (2) applies if, before the commencement of this 12
section-- 13
(a) a magistrate gave particulars of a relevant order to the 14
court registrar for the purpose of registering the 15
prescribed particulars, in relation to the unpaid amount 16
payable under the order, under section 34; or 17
(b) a court registrar purported, under section 34, to give to 18
SPER, for registration, the prescribed particulars in 19
relation to the unpaid amount payable under the order. 20
`(2) The giving of the particulars by the magistrate and the giving 21
of the prescribed particulars by the court registrar is, and 22
always has been, lawful. 23
`(3) Subsection (4) applies if, before the commencement of this 24
section-- 25
(a) the registrar purportedly registered, under section 34, 26
prescribed particulars in relation to the unpaid amount 27
payable under a relevant order; or 28
Page 54
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 1 Amendment of State Penalties Enforcement Act 1999
[s 39]
(b) a person took action purportedly under the Act to 1
enforce a relevant order. 2
`(4) The registration of the prescribed particulars, and the action 3
taken, is as valid, and always has been as valid, as if, at the 4
time the relevant order was made, it was an order to which 5
section 34 applied. 6
`(5) In this section-- 7
relevant order means an order mentioned in the Industrial 8
Relations Act 1999, section 400(1) or 408H(1).'. 9
Clause 39 Amendment of sch 2 (Dictionary) 10
(1) Schedule 2, definition enforcement officer-- 11
omit. 12
(2) Schedule 2-- 13
insert-- 14
`appropriately qualified public service officer means a public 15
service officer who has the training and experience to perform 16
an enforcement function under this Act. 17
enforcement officer means-- 18
(a) an appropriately qualified public service officer; or 19
(b) the sheriff, deputy sheriff and the bailiff of a court; or 20
(b) a commercial agent engaged under section 10(3)(a). 21
immobilisation notice see section 108N. 22
immobilisation period see section 108O. 23
immobilisation search warrant see section 108L. 24
immobilisation warrant see section 108D. 25
immobilising device, for a vehicle, means-- 26
(a) wheel clamps; or 27
(b) another device that effectively detains the vehicle. 28
Page 55
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 2 Amendment of Industrial Relations Act 1999
[s 40]
public service officer see the Public Service Act 2008, 1
schedule 4. 2
quad bike means a 4-wheeled motor vehicle that is ridden in 3
the same way as a 2-wheeled motor vehicle. 4
registered operator, of a vehicle-- 5
(a) means the registered operator of the vehicle under the 6
Transport Operations (Road Use Management) Act 7
1995 (transport registered operator); and 8
(b) if there is not, but has been, a transport registered 9
operator of the vehicle--includes the last transport 10
registered operator of the vehicle. 11
SMS means short messaging service. 12
vehicle insurance policy see section 108(4). 13
wheelchair see the Transport Operations (Road Use 14
Management) Act 1995, schedule 4. 15
wheeled recreational device see the Transport Operations 16
(Road Use Management) Act 1995, schedule 4.'. 17
Part 2 Amendment of Industrial 18
Relations Act 1999 19
Clause 40 Act amended 20
This part amends the Industrial Relations Act 1999. 21
Clause 41 Amendment of s 400 (Enforcement of magistrate's order) 22
(1) Section 400(5)-- 23
renumber as section 400(6). 24
(2) Section 400-- 25
Page 56
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 2 Amendment of Industrial Relations Act 1999
[s 42]
insert-- 1
`(5) The magistrate may give particulars of the order mentioned in 2
subsection (1) to the court registrar for the purpose of 3
registering the prescribed particulars, in relation to the unpaid 4
amount payable under the order, under the State Penalties 5
Enforcement Act 1999, section 34.'. 6
(3) Section 400(6), as renumbered-- 7
insert-- 8
`court registrar, in relation to a magistrate, means the clerk of 9
the court of the Magistrates Court that the magistrate 10
constitutes under the Magistrates Act 1991.'. 11
Clause 42 Amendment of s 408H (Enforcement of magistrate's 12
orders) 13
(1) Section 408H-- 14
insert-- 15
`(5) The magistrate may give particulars of the order mentioned in 16
subsection (1) to the court registrar for the purpose of 17
registering the prescribed particulars, in relation to the unpaid 18
amount payable under the order, under the State Penalties 19
Enforcement Act 1999, section 34.'. 20
(2) Section 408H-- 21
insert-- 22
`(6) In this section-- 23
court registrar, in relation to a magistrate, means the clerk of 24
the court of the Magistrates Court that the magistrate 25
constitutes under the Magistrates Act 1991.'. 26
Page 57
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 2 Amendment of State Penalties Enforcement Act 1999 and related Acts
Part 3 Amendment of Transport Operations (Road Use Management) Act 1995
[s 43]
Part 3 Amendment of Transport 1
Operations (Road Use 2
Management) Act 1995 3
Clause 43 Act amended 4
This part amends the Transport Operations (Road Use 5
Management) Act 1995. 6
Clause 44 Amendment of s 135 (Unlawfully interfering with, or 7
detaining, vehicles etc.) 8
Section 135, after subsection (3)-- 9
insert-- 10
`(3A) Subsection (1)(c) does not apply to an enforcement officer 11
under the State Penalties Enforcement Act 1999 who is 12
enforcing an immobilisation warrant under that Act.'. 13
Page 58
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 1 Amendment of Education (Queensland College of Teachers) Act 2005
[s 45]
Chapter 3 Amendments relating 1
mainly to the national 2
exchange of criminal 3
history information 4
Part 1 Amendment of Education 5
(Queensland College of 6
Teachers) Act 2005 7
Clause 45 Act amended 8
This part amends the Education (Queensland College of 9
Teachers) Act 2005. 10
Clause 46 Amendment of s 11 (Suitability to teach--criminal history 11
information) 12
Section 11-- 13
insert-- 14
`(5) This section is subject to section 12A.'. 15
Clause 47 Amendment of s 12 (Suitability to teach--other 16
considerations) 17
(1) Section 12(4)-- 18
renumber as section 12(5). 19
(2) Section 12-- 20
insert-- 21
`(4) This section is subject to section 12A.'. 22
Page 59
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 1 Amendment of Education (Queensland College of Teachers) Act 2005
[s 48]
Clause 48 Insertion of new s 12A 1
Chapter 2, part 1, after section 12-- 2
insert-- 3
`12A Suitability to work in child-related field--interstate 4
information 5
`(1) In considering whether a person is suitable to work in a 6
child-related field as mentioned in section 12(1)(b), the 7
college must consider whether the person poses a risk of harm 8
to children. 9
`(2) In considering whether the person poses a risk of harm to 10
children, the college must have regard to-- 11
(a) the person's expanded interstate criminal history; and 12
(b) any other information, that relates to the person's 13
expanded interstate criminal history, disclosed by the 14
commissioner of police under section 15, or an interstate 15
commissioner of police under section 15A. 16
`(3) In having regard to the matters mentioned in subsection (2), 17
the college must consider the following matters relating to 18
information about the commission, or alleged or possible 19
commission, of an offence by the person-- 20
(a) when the offence was committed, is alleged to have 21
been committed or may possibly have been committed; 22
(b) the nature of the offence and its relevance to the duties 23
of a teacher; 24
(c) anything else the college considers relevant to deciding 25
whether the person poses a risk of harm to children. 26
`(4) This section does not limit the matters the college may 27
consider under section 11(2) or 12(1)(b). 28
`(5) However, despite section 11 or 12, in considering whether a 29
person is suitable to teach, the college may have regard to the 30
person's expanded interstate criminal history, or information 31
of the type mentioned in subsection (2)(b), only to consider 32
whether the person poses a risk of harm to children. 33
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State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 1 Amendment of Education (Queensland College of Teachers) Act 2005
[s 49]
Notes-- 1
1 This section implements the Council of Australian Governments' 2
(COAG) agreement dated 29 November 2008 to facilitate the 3
inter-jurisdictional exchange of criminal history information for 4
people working with children. 5
2 A copy of COAG's communiqué about the agreement is available 6
on COAG's website.'. 7
Clause 49 Insertion of new s 15A 8
After section 15-- 9
insert-- 10
`15A Requesting further information about interstate 11
convictions and charges 12
`(1) This section applies if a person's criminal history obtained 13
under section 14 or 15 includes-- 14
(a) a conviction of the person for an offence in another 15
State, including an interstate spent conviction of the 16
person; or 17
(b) an interstate charge against the person. 18
`(2) The college may ask an interstate commissioner of police for 19
a brief description of the circumstances of the conviction or 20
charge. 21
`(3) The college's request may include the following 22
information-- 23
(a) the applicant's name and any other name the college 24
believes the applicant may use or have used; 25
(b) the applicant's gender and date and place of birth.'. 26
Clause 50 Amendment of s 16 (Requirement to advise applicant of 27
criminal history information received) 28
Section 16(1), after `section 15(4)'-- 29
Page 61
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 1 Amendment of Education (Queensland College of Teachers) Act 2005
[s 51]
insert-- 1
`or 15A'. 2
Clause 51 Amendment of s 65 (College's power to obtain criminal 3
history etc. in relation to an approved teacher) 4
(1) Section 65(1) and (2)-- 5
omit, insert-- 6
`(1) For deciding whether an approved teacher is or continues to 7
be suitable to teach, the college may-- 8
(a) ask the commissioner of police for-- 9
(i) a written report about the teacher's criminal 10
history; or 11
(ii) a brief description of the circumstances of a 12
conviction or charge, for an offence, mentioned in 13
the applicant's criminal history; or 14
(iii) information about any investigation relating to the 15
possible commission of a serious offence by the 16
applicant; or 17
(b) ask an interstate commissioner of police for a brief 18
description of the circumstances of-- 19
(i) a conviction of the person for an offence in another 20
State, including an interstate spent conviction of 21
the person; or 22
(ii) an interstate charge against the person. 23
`(2) Section 15(3) to (7) applies for the request mentioned in 24
subsection (1)(a) as if it were made under section 15(1) or (2). 25
`(2A) Section 15A(3) applies for the request mentioned in 26
subsection (1)(b) as if it were made under section 15A(2).'. 27
(2) Section 65(3), `section 15(3)'-- 28
omit, insert-- 29
`sections 15(3) and 15A(3)'. 30
Page 62
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 1 Amendment of Education (Queensland College of Teachers) Act 2005
[s 52]
(3) Section 65(4), `Sections 11 and 12'-- 1
omit, insert-- 2
`Sections 11, 12 and 12A'. 3
(4) Section 65(1) to (4)-- 4
renumber as section 65(1) to (5). 5
Clause 52 Replacement of s 91 (Definition for ch 5) 6
Section 91-- 7
omit, insert-- 8
`91 Definition for ch 5 9
`(1) In this chapter-- 10
disciplinary information-- 11
(a) means any of the following-- 12
(i) a complaint, other than a complaint the college 13
refuses to deal with under section 89; 14
(ii) information in or accompanying an application 15
made by a person under chapter 2; 16
(iii) information disclosed to the college as required 17
under chapter 3, part 1; 18
(iv) other information or a document required or 19
permitted to be given to the college under this Act; 20
and 21
(b) does not include interstate information. 22
`(2) To remove any doubt, it is declared that information disclosed 23
by a person to the college as required under chapter 3, part 1 is 24
not interstate information even if the information is also 25
disclosed to the college by the commissioner of police or an 26
interstate commissioner.'. 27
Page 63
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 1 Amendment of Education (Queensland College of Teachers) Act 2005
[s 53]
Clause 53 Amendment of s 112 (Reporting of offences) 1
Section 112-- 2
insert-- 3
`(3) To remove any doubt, it is declared that in subsection 4
(1), a reference to other information does not include 5
interstate information.'. 6
Clause 54 Amendment of s 124 (Constitution of QCAT for 7
disciplinary proceedings) 8
(1) Section 124(b), `members'-- 9
omit, insert-- 10
`QCAT members'. 11
(2) Section 124-- 12
insert-- 13
`(2) In this section-- 14
legally qualified member means a legally qualified member 15
under the QCAT Act. 16
QCAT member means a member under the QCAT Act.'. 17
Clause 55 Amendment of s 282 (Definition for pt 1) 18
(1) Section 282, definition relevant personal information, 19
paragraph (a)-- 20
insert-- 21
`(ia) section 15A;'. 22
(2) Section 282, definition relevant personal information, 23
paragraph (a)(i) to (v)-- 24
renumber as paragraph (a)(i) to (vi). 25
Page 64
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 1 Amendment of Education (Queensland College of Teachers) Act 2005
[s 56]
Clause 56 Amendment of s 283 (Confidentiality of particular 1
information) 2
(1) Section 283(2), `subsection (3)'-- 3
omit, insert-- 4
`subsection (3) or (3A)'. 5
(2) Section 283-- 6
insert-- 7
`(3A) However, if the information is interstate information-- 8
(a) the person may, and may only, disclose the information 9
to someone else-- 10
(i) to the extent necessary to perform the person's 11
functions under section 12A, 15A, 65(1)(b) or 285; 12
or 13
(ii) for a proceeding relating to section 12A; and 14
(b) subsection (3) does not apply other than as mentioned in 15
subsection (3)(d), (e) or (f). 16
`(3B) Subsection (3A) applies despite any other provision of an 17
Act.'. 18
Clause 57 Amendment of s 286 (College may enter into information 19
sharing arrangement with commissioner of police) 20
(1) Section 286, heading-- 21
omit, insert-- 22
`286 Information sharing arrangement with commissioner of 23
police for information otherwise lawfully given'. 24
(2) Section 286(5), definition criminal history information-- 25
insert-- 26
`(ab) section 15A;'. 27
Page 65
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 1 Amendment of Education (Queensland College of Teachers) Act 2005
[s 58]
(3) Section 286(5), definition criminal history information, 1
paragraphs (a) to (d)-- 2
renumber as paragraphs (a) to (e). 3
Clause 58 Amendment of s 287 (Other information sharing 4
agreements) 5
(1) Section 287(4)-- 6
renumber as section 287(5). 7
(2) Section 287-- 8
insert-- 9
`(4) In subsection (1), a reference to information does not include 10
interstate information. 11
Note-- 12
See section 12A (Suitability to work in child-related field--interstate 13
information).'. 14
Clause 59 Insertion of new ch 12, pt 10 15
Chapter 12-- 16
insert-- 17
`Part 10 Transitional provision for the 18
State Penalties Enforcement 19
and Other Legislation 20
Amendment Act 2009 21
`331 Interstate charge and interstate spent conviction 22
`(1) To remove any doubt, it is declared that-- 23
(a) for schedule 3, definition interstate charge, a reference 24
to a charge against a person for an offence includes a 25
charge for an offence alleged to have been committed by 26
the person before the commencement; and 27
Page 66
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 1 Amendment of Education (Queensland College of Teachers) Act 2005
[s 60]
(b) for schedule 3, definition interstate spent conviction, a 1
reference to a conviction of a person includes a 2
conviction of the person before the commencement. 3
`(2) In this section-- 4
commencement means the commencement of the State 5
Penalties Enforcement and Other Legislation Amendment Act 6
2009, chapter 3.'. 7
Clause 60 Amendment of sch 3 (Dictionary) 8
Schedule 3-- 9
insert-- 10
`expanded interstate criminal history, of a person, means-- 11
(a) every interstate spent conviction of the person; and 12
(b) every interstate charge against the person. 13
interstate charge, made against a person, means a charge 14
against the person for an offence alleged to have been 15
committed by the person against a law of another State or the 16
Commonwealth. 17
interstate commissioner of police means the commissioner of 18
a police force or service of another State or the 19
Commonwealth. 20
interstate information means-- 21
(a) a person's expanded interstate criminal history disclosed 22
by the commissioner of police to the college under 23
section 15, 65 or 75; or 24
(b) any other information, that relates to a person's 25
expanded interstate criminal history, disclosed by the 26
commissioner of police under section 15, 65 or 75, or an 27
interstate commissioner of police under section 15A or 28
65, to the college. 29
interstate rehabilitation law means a law applying, or that 30
applied, in another State or the Commonwealth, that provides, 31
Page 67
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 2 Amendment of Police Service Administration Act 1990
[s 61]
or provided, for the same matter as the Criminal Law 1
(Rehabilitation of Offenders) Act 1986. 2
interstate spent conviction, of a person, means a conviction 3
for an offence committed by the person against a law of 4
another State or the Commonwealth that the person is not 5
required to disclose under an interstate rehabilitation law 6
because-- 7
(a) a rehabilitation period prescribed under that law for the 8
conviction has expired; and 9
(b) the conviction has not been revived under that law.'. 10
Part 2 Amendment of Police Service 11
Administration Act 1990 12
Clause 61 Act amended 13
This part amends the Police Service Administration Act 1990. 14
Clause 62 Amendment of s 1.4 (Definitions) 15
(1) Section 1.4, definitions approved agency, conviction and 16
criminal history-- 17
omit, insert-- 18
`approved agency-- 19
(a) for part 10, division 1A--see section 10.2G; or 20
(b) for part 10, division 1B--see section 10.2S. 21
conviction, for a provision of part 5AA or part 10, division 22
1B, means a finding of guilt, or the acceptance of a plea of 23
guilty, by a court for an offence-- 24
(a) whether or not a conviction is recorded; and 25
(b) whether in Queensland or elsewhere; and 26
Page 68
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 2 Amendment of Police Service Administration Act 1990
[s 63]
(c) whether before or after the commencement of the 1
provision. 2
criminal history, of a person-- 3
(a) for part 5AA and the schedule--see section 5AA.1A; or 4
(b) for part 10, division 1, subdivision 2--see section 5
10.2AA; or 6
(c) for part 10, division 1A--see section 10.2G; or 7
(d) for part 10, division 1B--see section 10.2S.'. 8
(2) Section 1.4-- 9
insert-- 10
`child-related employment screening, for part 10, division 11
1B, see section 10.2S. 12
interstate screening unit, for part 10, division 1B, see section 13
10.2S.'. 14
Clause 63 Insertion of new s 5AA.1A 15
After section 5AA.1-- 16
insert-- 17
`5AA.1A Definition for pt 5AA 18
`In this part-- 19
criminal history, of a person-- 20
(a) means the person's convictions in relation to offences 21
committed in Queensland or elsewhere; and 22
(b) includes information about offences of any kind alleged 23
to have been committed, in Queensland or elsewhere, by 24
the person.'. 25
Clause 64 Insertion of new s 10.2AA 26
Part 10, division 1, subdivision 2, before section 10.2A-- 27
Page 69
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 2 Amendment of Police Service Administration Act 1990
[s 65]
insert-- 1
`10.2AA Definition for sdiv 2 2
`In this subdivision-- 3
criminal history has the meaning given by the Criminal Law 4
(Rehabilitation of Offenders) Act 1986, section 3. 5
Editor's note-- 6
Under the Criminal Law (Rehabilitation of Offenders) Act 1986, section 7
3(1)-- 8
criminal history means, in relation to any person, the convictions 9
recorded against that person in respect of offences.'. 10
Clause 65 Amendment of s 10.2G (Definitions for div 1A) 11
Section 10.2G-- 12
insert-- 13
`criminal history, of a person-- 14
(a) means the person's convictions in relation to offences 15
committed in Queensland or elsewhere; and 16
(b) includes information about-- 17
(i) offences of any kind alleged to have been 18
committed, in Queensland or elsewhere, by the 19
person; and 20
(ii) cautions administered to the person under the 21
Juvenile Justice Act 1992, part 2, division 2; and 22
(iii) referrals of offences to conferences under the 23
Juvenile Justice Act 1992, part 2, division 3 or part 24
7, division 2.'. 25
Clause 66 Insertion of new pt 10, div 1B 26
After part 10, division 1A-- 27
insert-- 28
Page 70
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 2 Amendment of Police Service Administration Act 1990
[s 66]
`Division 1B Provisions about exchange of 1
criminal history for child-related 2
employment screening 3
`10.2S Definitions for div 1B 4
`In this division-- 5
approved agency means-- 6
(a) CrimTrac; or 7
(b) a police force or service of the Commonwealth or 8
another State. 9
child-related employment screening means using information 10
about a person in a way that is authorised or required under a 11
law of another State or the Commonwealth that relates to 12
assessing whether a person poses a risk of harm to children. 13
criminal history, of a person, means-- 14
(a) the person's convictions for offences committed in 15
Queensland or elsewhere; and 16
(b) charges against the person for offences alleged to have 17
been committed in Queensland or elsewhere; and 18
(c) information about a conviction mentioned in paragraph 19
(a) or a charge mentioned in paragraph (b), including, 20
for example, a brief description of the circumstances of 21
the conviction or charge. 22
interstate screening unit means an entity, established under a 23
law of another State or the Commonwealth, that is-- 24
(a) prescribed under a regulation; or 25
(b) prescribed under the Crimes Act 1914 (Cwlth), section 26
85ZZGB, 85ZZGC or 85ZZGD. 27
Page 71
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 2 Amendment of Police Service Administration Act 1990
[s 66]
`10.2T Giving criminal history to interstate screening unit or 1
approved agency for child-related employment 2
screening 3
`The commissioner may give a person's criminal history to-- 4
(a) an interstate screening unit to enable the unit to use the 5
history for child-related employment screening; or 6
(b) an approved agency for the purpose of the approved 7
agency giving the history to an interstate screening unit 8
to enable the unit to use the history for child-related 9
employment screening. 10
`10.2U Use of criminal history permitted despite other 11
provisions 12
`(1) The commissioner may give a person's criminal history to an 13
interstate screening unit or an approved agency as mentioned 14
in section 10.2T despite a prescribed provision. 15
`(2) In this section-- 16
prescribed provision means-- 17
(a) part 5A; or 18
(b) part 5AA; or 19
(c) part 10, division 1 or 1A; or 20
(d) the Criminal Law (Rehabilitation of Offenders) Act 21
1986; or 22
(e) the Juvenile Justice Act 1992, part 9. 23
`10.2V Protection from liability 24
`(1) This section applies if a person, acting honestly and without 25
negligence, uses a person's criminal history under this 26
division. 27
`(2) The person is not liable, civilly, criminally or under an 28
administrative process, for using the history. 29
Page 72
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 2 Amendment of Police Service Administration Act 1990
[s 67]
`(3) Also, merely because the person uses the history, the person 1
can not be held to have-- 2
(a) breached any code of professional etiquette or ethics; or 3
(b) departed from accepted standards of professional 4
conduct. 5
`(4) Without limiting subsections (2) and (3)-- 6
(a) in a proceeding for defamation, the person has a defence 7
of absolute privilege for publishing the history; and 8
(b) if the person would otherwise be required to maintain 9
confidentiality about the history under an Act, oath or 10
rule of law or practice, the person-- 11
(i) does not contravene the Act, oath or rule of law or 12
practice by using the history; and 13
(ii) is not liable to disciplinary action for using the 14
history.'. 15
Clause 67 Insertion of new pt 11, div 5 16
Part 11-- 17
insert-- 18
`Division 5 Transitional provisions for the State 19
Penalties Enforcement and Other 20
Legislation Amendment Act 2009 21
`11.9 Definition for div 5 22
`In this division-- 23
commencement means the commencement of the State 24
Penalties Enforcement and Other Legislation Amendment Act 25
2009, chapter 3. 26
Page 73
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 3 Amendment of Police Service Administration Regulation 1990
[s 68]
`11.10 Amendment of regulation by State Penalties 1
Enforcement and Other Legislation Amendment Act 2
2009 does not affect powers of Governor in Council 3
`The amendment of the Police Service Administration 4
Regulation 1990 by the State Penalties Enforcement and 5
Other Legislation Amendment Act 2009 does not affect the 6
power of the Governor in Council to further amend the 7
regulation or to repeal it. 8
`11.11 Exchange of criminal history for child-related 9
employment screening 10
`To remove any doubt, it is declared that for section 10.2S, 11
definition criminal history, a reference to a charge against a 12
person for an offence includes a charge for an offence alleged 13
to have been committed by the person before the 14
commencement.'. 15
Part 3 Amendment of Police Service 16
Administration Regulation 1990 17
Clause 68 Regulation amended 18
This part amends the Police Service Administration 19
Regulation 1990. 20
Clause 69 Insertion of new pt 7E 21
After part 7D-- 22
insert-- 23
Page 74
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 3 Amendments relating mainly to the national exchange of criminal history
information
Part 3 Amendment of Police Service Administration Regulation 1990
[s 69]
`Part 7E Provision about exchange of 1
criminal history for 2
child-related employment 3
screening 4
`7E.1 Interstate screening units--Act, s 10.2S, definition 5
interstate screening unit, paragraph (a) 6
`For section 10.2S of the Act, definition interstate screening 7
unit, paragraph (a), each of the following entities is an 8
interstate screening unit-- 9
(a) the Commission for Children and Young People 10
constituted by the Commission for Children and Young 11
People Act 1998 (NSW); 12
(b) an approved screening agency under the Commission for 13
Children and Young People Act 1998 (NSW); 14
(c) the Secretary to the Department of Justice as mentioned 15
in the Working with Children Act 2005 (Vic); 16
(d) the Victorian Institute of Teaching as mentioned in the 17
Education and Training Reform Act 2006 (Vic); 18
(e) the chief executive officer as mentioned in the Working 19
with Children (Criminal Record Checking) Act 2004 20
(WA); 21
(f) the Screening Authority established under the Care and 22
Protection of Children Act (NT), section 196.'. 23
Page 75
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 1 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 70]
Chapter 4 QCAT Amendments 1
Part 1 Amendment of Queensland 2
Civil and Administrative 3
Tribunal Act 2009 4
Clause 70 Act amended 5
This part amends the Queensland Civil and Administrative 6
Tribunal Act 2009. 7
Clause 71 Amendment of s 2 (Commencement) 8
(1) Section 2, after `Act'-- 9
insert-- 10
`, other than section 277A,'. 11
(2) Section 2-- 12
insert-- 13
`(2) Section 277A commences on the day of assent of the State 14
Penalties Enforcement and Other Legislation Amendment Act 15
2009.'. 16
Clause 72 Amendment of s 128 (Procedural defects etc.) 17
(1) Section 128(2)(b), from `appointment'-- 18
omit, insert-- 19
`appointment of-- 20
(i) a member or acting member; or 21
(ii) an adjudicator or acting adjudicator; or 22
(iii) the principal registrar; or 23
Page 76
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 1 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 73]
(iv) a registry staff member or Magistrates Court staff 1
member performing a function of the principal 2
registrar delegated to the member under section 3
210(2); or 4
(v) a registrar performing a function of the principal 5
registrar under section 211(1); or'. 6
(2) Section 128(3)-- 7
omit. 8
Clause 73 Amendment of s 132 (Non-monetary decisions) 9
(1) Section 132(2) and (4), `Supreme Court'-- 10
omit, insert-- 11
`relevant court'. 12
(2) Section 132(6), second paragraph (a)-- 13
renumber as section 132(6)(b). 14
(3) Section 132(7)-- 15
insert-- 16
`relevant court means-- 17
(a) for a final decision of the tribunal relating to a minor 18
civil dispute--the Magistrates Court; or 19
(b) for another final decision of the tribunal--the Supreme 20
Court.'. 21
Clause 74 Amendment of s 166 (Constitution of appeal tribunal) 22
Section 166-- 23
insert-- 24
`(3) Subsection (2) does not apply in relation to an appeal or an 25
application for leave to appeal if the appeal or application 26
relates to a decision of the tribunal as constituted by a 27
magistrate.'. 28
Page 77
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 1 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 75]
Clause 75 Amendment of s 167 (Choosing persons) 1
Section 167(1), notes-- 2
insert-- 3
`3 A judicial registrar who is an adjudicator under section 198A can 4
hear and decide only minor civil disputes.'. 5
Clause 76 Insertion of new s 198A 6
After section 198-- 7
insert-- 8
`198A Judicial registrars are adjudicators for minor civil 9
disputes 10
`(1) Every judicial registrar, while the judicial registrar holds the 11
office of judicial registrar, is an adjudicator for minor civil 12
disputes. 13
`(2) The president may enter into an arrangement with the Chief 14
Magistrate about using judicial registrars as adjudicators. 15
`(3) An arrangement under subsection (2) may provide for the 16
following for a judicial registrar the subject of the 17
arrangement-- 18
(a) the time the judicial registrar may allocate to hearing 19
and deciding minor civil disputes; 20
(b) the places at which the judicial registrar may hear and 21
decide minor civil disputes. 22
`(4) If an arrangement under subsection (2) applies to a judicial 23
registrar, the judicial registrar may perform a function as an 24
adjudicator for a minor civil dispute only as authorised, and in 25
the way provided, under the arrangement. 26
`(5) This part, other than sections 195(a), 196 and 197, does not 27
apply to a judicial registrar who is an adjudicator under 28
subsection (1). 29
`(6) The appointment of a judicial registrar as an adjudicator does 30
not affect any of the following-- 31
Page 78
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 1 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 77]
(a) the judicial registrar's tenure of office or status as a 1
judicial registrar; 2
(b) the payment of the judicial registrar's salary or 3
allowances as a judicial registrar; 4
(c) any other right or privilege the judicial registrar has as a 5
judicial registrar. 6
`(7) Service by a judicial registrar in the office of an adjudicator is 7
taken, for all purposes, to be service as a judicial registrar. 8
`(8) Nothing in this Act prevents a judicial registrar who holds 9
office as an adjudicator from doing anything in the judicial 10
registrar's capacity as a judicial registrar.'. 11
Clause 77 Amendment of s 203 (Removal from office) 12
Section 203(1)(c), `Act.'-- 13
omit, insert-- 14
`Act; or'. 15
Clause 78 Amendment of s 210 (Principal registrar) 16
(1) Section 210, heading, `registrar'-- 17
omit, insert-- 18
`registrar's functions and power to delegate'. 19
(2) Section 210(2) and (3)-- 20
omit, insert-- 21
`(2) The principal registrar may delegate a function mentioned in 22
subsection (1) to-- 23
(a) a registry staff member; or 24
(b) a Magistrates Court staff member. 25
`(3) However, the principal registrar may delegate a function under 26
subsection (2) only to a person the principal registrar is 27
satisfied is appropriately qualified to perform the function. 28
Page 79
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 1 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 79]
`(4) Also, the principal registrar can not delegate a function 1
delegated to the principal registrar by the president or deputy 2
president under section 182. 3
`(5) A person performing a function mentioned in subsection (1) 4
is, in performing the function, subject to the direction of the 5
president. 6
`(6) A person performing a function mentioned in subsection (1) 7
may do all things necessary or convenient to be done for the 8
performance of the function. 9
`(7) A function delegated to the clerk of a Magistrates Court under 10
subsection (2)(b) is a duty of the clerk for the Justices Act 11
1886, section 23. 12
`(8) In this section-- 13
appropriately qualified, for a function, includes having the 14
qualifications, experience or standing appropriate to perform 15
the function.'. 16
Clause 79 Amendment of s 211 (Registrar) 17
Section 211, heading-- 18
omit, insert-- 19
`211 Registrar's functions'. 20
Clause 80 Amendment of s 212 (Principal registrar must disclose 21
interests) 22
Section 212(3), definition principal registrar-- 23
omit, insert-- 24
`principal registrar includes-- 25
(a) a registry staff member or Magistrates Court staff 26
member performing a function of the principal registrar 27
delegated to the member under section 210(2); and 28
(b) a registrar performing a function of the principal 29
registrar under section 211(1).'. 30
Page 80
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 1 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 81]
Clause 81 Amendment of s 216 (False or misleading information) 1
Section 216(4), definition official, paragraph (a)-- 2
omit, insert-- 3
`(a) includes-- 4
(i) a registry staff member; and 5
(ii) a Magistrates Court staff member performing a 6
function of the principal registrar delegated to the 7
member under section 210(2); and'. 8
Clause 82 Amendment of s 218 (Contempt of tribunal) 9
(1) Section 218(1), `is in'-- 10
omit, insert-- 11
`may be in'. 12
(2) Section 218(1)(a)-- 13
omit, insert-- 14
`(a) insults an official while the official is-- 15
(i) sitting on or with the tribunal in a proceeding; or 16
(ii) attending a proceeding; or 17
(iii) entering or leaving the place where the tribunal is 18
sitting; or'. 19
(3) Section 218-- 20
insert-- 21
`(3) In this section-- 22
official means-- 23
(a) a member; or 24
(b) an adjudicator; or 25
(c) an assessor; or 26
(d) the principal registrar; or 27
Page 81
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 1 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 83]
(e) a registrar; or 1
(f) a registry staff member; or 2
(g) a Magistrates Court staff member.'. 3
Clause 83 Amendment of s 220 (Tribunal may exclude person) 4
(1) Section 220(1)(b) and (3), `tribunal staff members'-- 5
omit, insert-- 6
`prescribed persons'. 7
(2) Section 220(4), definition tribunal staff member-- 8
omit, insert-- 9
`prescribed person means-- 10
(a) the principal registrar; or 11
(b) a registrar; or 12
(c) a registry staff member; or 13
(d) a Magistrates Court staff member performing a function 14
of the principal registrar delegated to the member under 15
section 210(2).'. 16
Clause 84 Amendment of s 228 (Oath of office) 17
(1) Section 228(1)(d), after `member'-- 18
insert-- 19
`, other than the office of an ordinary member held by a 20
magistrate under section 171(2)'. 21
(2) Section 228(2)(a)-- 22
omit. 23
(3) Section 228(2)(b) and (c)-- 24
renumber as section 228(2)(a) and (b). 25
Page 82
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 1 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 85]
Clause 85 Amendment of s 233 (Confidentiality generally) 1
Section 233(5), definition prescribed person-- 2
insert-- 3
`(d) a Magistrates Court staff member performing a function 4
of the principal registrar delegated to the member under 5
section 210(2).'. 6
Clause 86 Amendment of s 234 (Further limitation on disclosure to a 7
court etc.) 8
Section 234(2), definition prescribed person-- 9
insert-- 10
`(d) a Magistrates Court staff member performing a function 11
of the principal registrar delegated to the member under 12
section 210(2).'. 13
Clause 87 Amendment of s 237 (Immunity of participants etc.) 14
Section 237(11), definition principal registrar-- 15
omit, insert-- 16
`principal registrar includes-- 17
(a) a registry staff member or Magistrates Court staff 18
member performing a function of the principal registrar 19
delegated to the member under section 210(2); and 20
(b) a registrar performing a function of the principal 21
registrar under section 211(1).'. 22
Clause 88 Amendment of s 238 (Protection from civil liability) 23
Section 238(4), definition official-- 24
insert-- 25
`(d) a Magistrates Court staff member performing a function 26
of the principal registrar delegated to the member under 27
section 210(2).'. 28
Page 83
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 1 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 89]
Clause 89 Insertion of new s 242A 1
Chapter 5, part 3, division 5-- 2
insert-- 3
`242A Expiry of ss 198A and 242A and amendment of Act 4
`(1) Section 198A and this section expire on the expiry of the 5
Magistrates Act 1991, part 9A. 6
`(2) If a person ceases to be an adjudicator because of the expiry of 7
the Magistrates Act 1991, part 9A and section 198A of this 8
Act, the person is taken to continue to be an adjudicator to the 9
extent necessary to enable a decision to be given in a matter 10
that is partly heard or standing for the decision of the 11
adjudicator. 12
`(3) On the expiry, this Act is amended as follows-- 13
· section 167(1), note 3-- 14
omit; 15
· schedule 3, definition judicial registrar-- 16
omit.'. 17
Clause 90 Amendment of s 263 (Transferring membership of 18
particular members) 19
(1) Section 263-- 20
insert-- 21
`(4A) Subsection (1) does not apply if, immediately after the 22
commencement, the person is appointed as a member or 23
adjudicator. 24
`(4B) Also, the person ceases to hold the appointment under 25
subsection (1) if the person is appointed as a member or 26
adjudicator.'. 27
(2) Section 263(4A) to (5)-- 28
renumber as section 263(5) to (7). 29
Page 84
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 1 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 91]
Clause 91 Amendment of s 268 (Proceeding started) 1
Section 268(5), `subsection (4)(a)'-- 2
omit, insert-- 3
`subsection (4)'. 4
Clause 92 Insertion of new s 277A 5
After section 277-- 6
insert-- 7
`277A The chief executive may approve forms for limited 8
period 9
`(1) The chief executive may, during the prescribed period, 10
approve forms for use under this Act. 11
`(2) This section is not limited by section 241. 12
`(3) In this section-- 13
prescribed period means the period-- 14
(a) starting on the day this section commences; and 15
(b) ending 3 months after the day section 241 commences.'. 16
Clause 93 Amendment of sch 2 (Subject matter for rules) 17
Schedule 2, section 12(d), `information'-- 18
omit, insert-- 19
`inform'. 20
Clause 94 Amendment of sch 3 (Dictionary) 21
(1) Schedule 3, definitions adjudicator and spent conviction-- 22
omit. 23
(2) Schedule 3-- 24
insert-- 25
Page 85
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 2 Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions)
Amendment Act 2009
[s 95]
`adjudicator means-- 1
(a) a person appointed as an adjudicator under section 198; 2
or 3
(b) a person who is an adjudicator under section 198A. 4
judicial registrar means a person who is a judicial registrar 5
under the Magistrates Act 1991. 6
Magistrates Court staff member means-- 7
(a) the clerk of a Magistrates Court; or 8
(b) a person employed in the registry of a Magistrates 9
Court.'. 10
Part 2 Amendment of Queensland 11
Civil and Administrative 12
Tribunal (Jurisdiction 13
Provisions) Amendment Act 14
2009 15
Clause 95 Act amended 16
This part amends the Queensland Civil and Administrative 17
Tribunal (Jurisdiction Provisions) Amendment Act 2009. 18
Clause 96 Amendment of s 11 (Insertion of new pt 3A) 19
Section 11, inserted section 36E(5)-- 20
omit, insert-- 21
`(5) A member is ineligible to be a constituting member for a 22
review of a reviewable decision if-- 23
(a) the member's name is in the expression of interest 24
register, the assessment register or an adoption list; or 25
Page 86
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 2 Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions)
Amendment Act 2009
[s 97]
(b) a decision or assessment mentioned in section 14D(1) 1
has been made in relation to the member (whether or not 2
the member has applied to the tribunal to have the 3
decision or assessment reviewed).'. 4
Editor's note-- 5
Legislation ultimately amended-- 6
· Adoption of Children Act 1964 7
Clause 97 Insertion of new s 559A 8
After section 559-- 9
insert-- 10
`559A Amendment of s 97 (Cancellation or suspension of 11
gaming machine licences and letters of censure) 12
`Section 97(1)(c)(ia), `, 109C or 411(1)'-- 13
omit, insert-- 14
`or 109C'.'. 15
Editor's note-- 16
Legislation ultimately amended-- 17
· Gaming Machine Act 1991 18
Clause 98 Replacement of s 564 (Omission of ss 414-421) 19
`Section 564-- 20
omit, insert-- 21
`564 Omission of pt 12, div 8 (Provisions for Gaming Machine 22
and Other Legislation Amendment Act 2003) 23
Part 12, division 8-- 24
omit.'. 25
Editor's note-- 26
Legislation ultimately amended-- 27
· Gaming Machine Act 1991 28
Page 87
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 2 Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions)
Amendment Act 2009
[s 99]
Clause 99 Amendment of s 565 (Amendment of schedule 1
(Dictionary)) 2
Section 565-- 3
insert-- 4
`(2A) Schedule, definition commencement, paragraph (b)-- 5
omit. 6
`(2B) Schedule, definition commencement, paragraphs (c) and (d)-- 7
renumber as paragraphs (b) and (c). 8
`(4A) Schedule, third definition operating authority, paragraph 9
(b)-- 10
omit, insert-- 11
`(b) another operating authority, other than an operating 12
authority that-- 13
(i) was allocated under repealed section 409; or 14
Note-- 15
Repealed section 409 provided for the allocation, on 1 July 16
2003, of operating authorities to category 1 licensees. 17
(ii) is transferred by operation of section 78(5); or 18
(iii) is purchased at an authorised sale.'.'. 19
Editor's note-- 20
Legislation ultimately amended-- 21
· Gaming Machine Act 1991 22
Clause 100 Replacement of s 699 (Amendment of s 500B (How to 23
start a proceeding)) 24
Section 699-- 25
omit, insert-- 26
`699 Replacement of s 500B (How to start a proceeding) 27
`Section 500B-- 28
Page 88
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 2 Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions)
Amendment Act 2009
[s 101]
omit, insert-- 1
`500B How to start a proceeding 2
`(1) The chief executive may apply, as provided under the QCAT 3
Act, to the tribunal to conduct a marketeer proceeding. 4
`(2) The application must state-- 5
(a) the grounds for starting the proceeding; and 6
(b) the conduct constituting the grounds; and 7
(c) that an application will be made for orders under section 8
530A.'.'. 9
Editor's note-- 10
Legislation ultimately amended-- 11
· Property Agents and Motor Dealers Act 2000 12
Clause 101 Amendment of s 724 (Replacement of ch 5 (Racing 13
Appeals Tribunal)) 14
Section 724, inserted section 153, heading, `appeal'-- 15
omit, insert-- 16
`review'. 17
Editor's note-- 18
Legislation ultimately amended-- 19
· Racing Act 2002 20
Clause 102 Replacement of ch 5, pt 79 (Amendment of Wine Industry 21
Regulation 1995) 22
Chapter 5, part 79-- 23
omit, insert-- 24
Page 89
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 2 Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions)
Amendment Act 2009
[s 103]
`Part 79 Amendment of Wine Industry 1
Regulation 2009 2
`871 Regulation amended 3
`This part amends the Wine Industry Regulation 2009. 4
`872 Amendment of s 9 (Requirements of submission by 5
petition) 6
`Section 9(2), `registrar of the Tribunal'-- 7
omit, insert-- 8
`tribunal'.'. 9
Editor's note-- 10
Legislation ultimately amended-- 11
· Wine Industry Regulation 2009 12
Clause 103 Replacement of s 1047 (Replacement of s 213 13
(Chairperson to allocate matters)) 14
Section 1047-- 15
omit, insert-- 16
`1047 Replacement of s 213 (Chairperson to allocate 17
matters) 18
`Section 213-- 19
omit, insert-- 20
`213 Allocation of matters and constitution of the tribunal 21
`(1) As soon as practicable after a referral notice is filed with the 22
principal registrar the principal registrar must choose 23
assessors to assist the tribunal. 24
`(2) The tribunal must be constituted by a judicial member. 25
`(3) In this section-- 26
Page 90
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 2 Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions)
Amendment Act 2009
[s 104]
judicial member see the Queensland Civil and Administrative 1
Tribunal Act 2009, schedule 3.'.'. 2
Editor's note-- 3
Legislation ultimately amended-- 4
· Health Practitioners (Professional Standards) Act 1999 5
Clause 104 Amendment of s 1273 (Amendment of s 189 (Appeals to 6
Commercial and Consumer Tribunal about decisions 7
under pt 3)) 8
Section 1273(1)-- 9
omit, insert-- 10
`(1) Section 189, heading, `Appeals to Commercial and Consumer 11
Tribunal about'-- 12
omit, insert-- 13
`Reviews by tribunal of'.'. 14
Editor's note-- 15
Legislation ultimately amended-- 16
· Building Act 1975 17
Clause 105 Amendment of s 1293 (Insertion of new ch 16, pt 3A) 18
Section 1293, inserted section 1137K-- 19
insert-- 20
`(3) An individual required to answer a question, give information, 21
produce a document or give a copy of a document under this 22
section must comply with the requirement, unless the 23
individual has a reasonable excuse. 24
`(4) It is a reasonable excuse for the individual not to comply with 25
the requirement if complying might tend to incriminate the 26
individual.'. 27
Page 91
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 2 Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions)
Amendment Act 2009
[s 106]
Editor's note-- 1
Legislation ultimately amended-- 2
· Local Government Act 1993 3
Clause 106 Amendment of s 1466 (Replacement of ss 163-165) 4
Section 1466, inserted section 163(3)(a)(viii), after 5
`tribunal'-- 6
insert-- 7
`, or the Court of Appeal,'. 8
Editor's note-- 9
Legislation ultimately amended-- 10
· Guardianship and Administration Act 2000 11
Clause 107 Replacement of s 1519 (Insertion of new s 462A) 12
Section 1519-- 13
omit, insert-- 14
`1519 Insertion of new s 462A 15
`After section 462-- 16
insert-- 17
`462A Institution of proceedings by the commissioner 18
`The commissioner may bring a proceeding under this part for 19
the imposition or enforcement of a penalty.'.'. 20
Editor's note-- 21
Legislation ultimately amended-- 22
· Legal Profession Act 2007 23
Clause 108 Insertion of new s 1555A 24
After section 1555-- 25
insert-- 26
Page 92
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 2 Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions)
Amendment Act 2009
[s 109]
`1555A Amendment of s 53I (Power concerning prescribed 1
applications and matters) 2
`Section 53I(4)-- 3
insert-- 4
`Note-- 5
See the QCAT Act, section 198A for provisions about a judicial registrar 6
being an adjudicator under that Act.'.'. 7
Editor's note-- 8
Legislation ultimately amended-- 9
· Magistrates Act 1991 10
Clause 109 Replacement of s 1556 (Amendment of s 53J (Practice 11
direction)) 12
Section 1556-- 13
omit, insert-- 14
`1556 Amendment of s 53J (Practice direction) 15
`(1) Section 53J(1)(b) and (c)-- 16
omit. 17
`(2) Section 53J(1)-- 18
insert-- 19
`(f) an application under the Bail Act 1980, section 8 if-- 20
(i) the application is to grant bail for a defendant 21
charged with an offence mentioned in section 22
16(3) of that Act; and 23
(ii) the application is made following the defendant's 24
committal for trial or sentence under the Justices 25
Act 1886, section 110A(6) in relation to the 26
offence; and 27
(iii) the complainant, the prosecutor or a person 28
appearing on behalf of the Crown does not oppose 29
the application; 30
Page 93
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 2 Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions)
Amendment Act 2009
[s 110]
(g) an application under the Bail Act 1980, section 8 if-- 1
(i) the application is to enlarge or vary bail for a 2
defendant charged with an offence mentioned in 3
section 16(3) of that Act; and 4
(ii) the complainant, the prosecutor or a person 5
appearing on behalf of the Crown does not oppose 6
the application.'. 7
`(3) Section 53J(1)(d) to (g)-- 8
renumber as section 53J(1)(b) to (e).'. 9
Editor's note-- 10
Legislation ultimately amended-- 11
· Magistrates Act 1991 12
Clause 110 Amendment of s 1557 (Amendment of s 53K (Referring 13
application or matter)) 14
Section 1557, after `section 53J(1)(c)'-- 15
insert-- 16
`, (d) or (e)'. 17
Editor's note-- 18
Legislation ultimately amended-- 19
· Magistrates Act 1991 20
Clause 111 Amendment of s 1844 (Insertion of new ss 8-10) 21
Section 1844, inserted section 10, from ``Despite' to 22
`proceeding.'.'-- 23
omit, insert-- 24
`(1) Despite the QCAT Act, section 268(4) the court may not 25
transfer a proceeding to QCAT without the consent of the 26
applicant for the proceeding. 27
Page 94
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 2 Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions)
Amendment Act 2009
[s 112]
`(2) The QCAT Act, section 268(7) does not apply to a final 1
decision of the court in a proceeding relating to the 2
commissioner's decision on an objection.'.'. 3
Editor's note-- 4
Legislation ultimately amended-- 5
· Debits Tax Repeal Act 2005 6
Clause 112 Amendment of s 1886 (Amendment of s 68 (Notice of 7
decision)) 8
(1) Section 1886, inserted section 68(2)(d), `review;'-- 9
omit, insert-- 10
`review.'. 11
(2) Section 1886, inserted section 68(2)(e)-- 12
omit. 13
Editor's note-- 14
Legislation ultimately amended-- 15
· Taxation Administration Act 2001 16
Clause 113 Amendment of s 1892 (Insertion of new pt 14) 17
Section 1892, inserted section 165, from ``Despite' to 18
`proceeding.'.'-- 19
omit, insert-- 20
`(1) Despite the QCAT Act, section 268(4) the court may not 21
transfer a proceeding to QCAT without the consent of the 22
applicant for the proceeding. 23
`(2) The QCAT Act, section 268(7) does not apply to a final 24
decision of the court in a proceeding relating to an appeal 25
against a decision of the commissioner on an objection.'.'. 26
Editor's note-- 27
Legislation ultimately amended-- 28
· Taxation Administration Act 2001 29
Page 95
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 3 Amendment of Adoption Act 2009
[s 114]
Part 3 Amendment of Adoption Act 1
2009 2
Clause 114 Act amended 3
This part amends the Adoption Act 2009. 4
Clause 115 Amendment of s 29 (Declaration of tribunal whether an 5
adult parent has capacity to consent) 6
(1) Section 29, heading, `tribunal'-- 7
omit, insert-- 8
`QCAT'. 9
(2) Section 29(2), `the Guardianship and Administration 10
Tribunal'-- 11
omit, insert-- 12
`QCAT'. 13
Clause 116 Amendment of s 30 (Appointment of guardian for adult 14
parent without capacity to consent) 15
Section 30(1)(a) and (2), `the Guardianship and 16
Administration Tribunal'-- 17
omit, insert-- 18
`QCAT'. 19
Clause 117 Amendment of s 39 (Court may dispense with need for 20
consent) 21
Section 39(1)(b), `the Guardianship and Administration 22
Tribunal'-- 23
omit, insert-- 24
`QCAT'. 25
Page 96
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 3 Amendment of Adoption Act 2009
[s 118]
Clause 118 Amendment of s 148 (Appeal from decision that 1
information is investigative information) 2
Section 148(5), `The tribunal'-- 3
omit, insert-- 4
`QCAT'. 5
Clause 119 Amendment of s 175 (Consents and pre-consent 6
counselling and information) 7
Section 175(3)(d), `the Guardianship and Administration 8
Tribunal'-- 9
omit, insert-- 10
`QCAT'. 11
Clause 120 Insertion of new pt 14A 12
After part 14-- 13
insert-- 14
`Part 14A Proceedings before QCAT 15
`Division 1 Preliminary 16
`307A Application of pt 14A 17
`This part applies to a proceeding before QCAT for a review 18
of a reviewable decision under this Act (an adoption 19
proceeding). 20
Note-- 21
See section 319 for particular decisions under this Act that may 22
reviewed by QCAT. 23
Page 97
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 3 Amendment of Adoption Act 2009
[s 120]
`307B Definitions for pt 14A 1
`In this part-- 2
president means the president under the QCAT Act. 3
registrar means the principal registrar under the QCAT Act. 4
review application means an application made, as provided 5
under the QCAT Act, for review of a reviewable decision by 6
the tribunal. 7
separate representative see section 307I(2). 8
support person means a person allowed by the tribunal under 9
the QCAT Act, section 91 to attend a hearing for the purpose 10
of supporting a party or witness. 11
tribunal means QCAT. 12
`307C Object of pt 14A 13
`The object of this part is to provide for the tribunal-- 14
(a) to make decisions, in a review about the eligibility or 15
suitability of a prospective adoptive parent, that promote 16
the welfare and interests of children who may be 17
adopted by them; and 18
(b) to conduct adoption proceedings in a way that uses 19
adversarial and inquisitorial procedures, as appropriate, 20
to arrive at the best possible decision in the 21
circumstances; and 22
(c) to foster an atmosphere of review that enhances the 23
delivery of adoption services to children. 24
`307D Principles for tribunal in matters relating to this Act 25
`When exercising its jurisdiction, functions or powers in 26
relation to this Act, the tribunal must have regard to the 27
principles mentioned in sections 6 and 7. 28
Page 98
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 3 Amendment of Adoption Act 2009
[s 120]
`Division 2 Notice for proceedings 1
`307E Government entity may nominate decision-maker 2
`The department may give the registrar a notice nominating an 3
officer or employee of the department, or the holder for the 4
time being of an office in the department, as the 5
decision-maker for an assessment or decision to be reviewed 6
by the tribunal. 7
`Division 3 Proceedings 8
`307F Constitution of tribunal and hearing of compulsory 9
conference 10
`(1) For an adoption proceeding, the tribunal must be constituted 11
by 3 members, at least 1 of whom is a legally qualified 12
member. 13
`(2) A compulsory conference relating to an adoption proceeding 14
must be heard by at least 2 members, at least 1 of whom is a 15
legally qualified member. 16
`(3) If a child to which an adoption proceeding relates is 17
Aboriginal or Torres Strait Islander, the tribunal hearing the 18
proceeding must include, if practicable, a member who is 19
Aboriginal or Torres Strait Islander. 20
`(4) The president may choose a member to constitute the tribunal 21
for an adoption proceeding only if the president considers the 22
member-- 23
(a) is committed to the principles mentioned in sections 6 24
and 7; and 25
(b) has extensive professional knowledge and experience of 26
children; and 27
(c) has demonstrated a knowledge of and has experience in 28
1 or more of the fields of administrative review, child 29
care, child protection, child welfare, community 30
Page 99
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 3 Amendment of Adoption Act 2009
[s 120]
services, education, health, indigenous affairs, law, 1
psychology or social work. 2
`(5) A member is ineligible to be a constituting member for a 3
review of a reviewable decision if-- 4
(a) the member's name is in the expression of interest 5
register or suitable adoptive parents register; or 6
(b) the member has made an application under part 5, 7
division 1 that the chief executive is required to deal 8
with under part 5, division 2; or 9
(c) a decision mentioned in section 319 has been made in 10
relation to the member (whether or not the member has 11
applied to the tribunal for a review of the decision). 12
`(6) In this section-- 13
legally qualified member has the meaning given by the QCAT 14
Act. 15
member has the meaning given by the QCAT Act. 16
`307G Hearing must usually be held in private 17
`(1) A hearing of an adoption proceeding must be held in private. 18
`(2) However, the following are entitled to be present at the 19
proceeding-- 20
(a) each party to the proceeding; 21
(b) if, under an Act, a party is entitled to be represented by 22
someone else at the proceeding, the party's 23
representative; 24
(c) a separate representative representing a child in the 25
proceeding; 26
(d) a witness while giving evidence; 27
(e) a support person for a witness, while the witness is 28
giving evidence; 29
(f) a person allowed to be present by the tribunal. 30
Page 100
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 3 Amendment of Adoption Act 2009
[s 120]
`(3) This section is subject to section 307N(3) and the QCAT Act, 1
section 220. 2
Editor's note-- 3
QCAT Act, section 220 (Tribunal may exclude person) 4
`Division 4 Children in proceedings 5
`307H Requirements about ensuring proper understanding 6
of tribunal proceedings 7
`The tribunal must take all reasonable steps to ensure each 8
child taking part in an adoption proceeding understands the 9
tribunal's procedures. 10
Note-- 11
See also the QCAT Act, section 29 (Ensuring proper understanding and 12
regard). 13
`307I Separate representation of children 14
`(1) This section applies if an adoption proceeding is about the 15
suitability of a person to be an adoptive parent of a particular 16
child. 17
`(2) The tribunal must consider whether it would be in the child's 18
best interests for the child to be separately represented before 19
the tribunal by a lawyer (a separate representative). 20
`(3) If the tribunal considers it would be in the child's best 21
interests for the child to be separately represented before the 22
tribunal by a lawyer, the tribunal must order that the child be 23
represented by a separate representative. 24
`(4) A separate representative may represent more than 1 child in 25
the same proceeding before the tribunal. 26
`(5) A separate representative must-- 27
(a) act in the child's best interests having regard to any 28
expressed views or wishes of the child; and 29
Page 101
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 3 Amendment of Adoption Act 2009
[s 120]
(b) as far as possible, present the child's views and wishes 1
to the tribunal. 2
`(6) For the QCAT Act, a separate representative has the same 3
rights and obligations as a party to the review. 4
`307J Children must not be compelled to give evidence 5
`(1) A child must not be compelled to give evidence in an adoption 6
proceeding. 7
`(2) Without limiting subsection (1), the tribunal may not require a 8
child to do either of the following under the QCAT Act, 9
section 97(1)-- 10
(a) attend a hearing of an adoption proceeding to give 11
evidence; 12
(b) produce a stated document or other thing to the tribunal. 13
`(3) Before a child gives evidence in an adoption proceeding, the 14
tribunal must satisfy itself that the child is willing to give the 15
evidence. 16
`307K Child's right to express views to tribunal 17
`(1) This section applies if an adoption proceeding is about the 18
suitability of a person to be an adoptive parent of a particular 19
child. 20
`(2) Whether or not the child appears as a witness before the 21
tribunal, the child has the right to express his or her views to 22
the tribunal about matters relevant to the review. 23
`307L Children giving evidence or expressing views to 24
tribunal 25
`(1) This section applies if a child is giving evidence or expressing 26
the child's views to the tribunal. 27
`(2) Only the following persons may be present while the child 28
gives evidence or expresses the child's views-- 29
Page 102
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 3 Amendment of Adoption Act 2009
[s 120]
(a) the members constituting the tribunal for the 1
proceeding; 2
(b) the lawyer, if any, representing the child; 3
(c) the separate representative, if any, for the child; 4
(d) the child's support person if the child has a support 5
person and agrees to that person's presence. 6
`(3) Despite subsection (2), the child may elect to give evidence or 7
express the child's views in the presence of the parties and 8
their representatives if the child-- 9
(a) is 12 years or more; and 10
(b) is represented by a lawyer or a separate representative. 11
`307M Questioning of children 12
`(1) A child giving evidence or expressing the child's views in an 13
adoption proceeding must not be cross-examined. 14
`(2) Also, only the following persons may ask questions of a child 15
giving evidence or expressing the child's views in an adoption 16
proceeding-- 17
(a) the members constituting the tribunal for the 18
proceeding; 19
(b) the lawyer, if any, representing the child; 20
(c) the separate representative, if any, for the child. 21
`Division 5 Confidentiality 22
`307N Confidentiality order 23
`(1) The tribunal may, by order (a confidentiality order), prohibit 24
or restrict the disclosure to a party to an adoption proceeding 25
of all or some of the evidence given before the tribunal, or of 26
the whole or part of the contents of a document given to, or 27
received in evidence by, the tribunal for the review. 28
Page 103
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 3 Amendment of Adoption Act 2009
[s 120]
`(2) Subsection (3) applies for the purpose of the tribunal-- 1
(a) deciding whether to make a confidentiality order; or 2
(b) giving effect to a confidentiality order. 3
`(3) The tribunal may-- 4
(a) exclude a party, and any representative of the party, from 5
part of an adoption proceeding; or 6
(b) deal with a document in a way that ensures it is not 7
disclosed to a party. 8
`(4) The tribunal may make a confidentiality order only if it is 9
satisfied that if it does not do so-- 10
(a) a child is likely to be harmed; or 11
(b) the safety of another person is likely to be endangered; 12
or 13
(c) there would be undue interference with the privacy of a 14
child or another person. 15
`(5) The tribunal may act under subsection (1) on its own initiative 16
or on application by a party to an adoption proceeding. 17
`(6) A confidentiality order does not act to prohibit or limit the 18
disclosure of material to a separate representative in an 19
adoption proceeding. 20
`307O Limited access to tribunal's register of proceedings 21
`(1) This section applies to the register of proceedings kept by the 22
principal registrar under the QCAT Act, section 229(1). 23
`(2) Despite the QCAT Act, section 229(2) the principal registrar 24
must ensure that part of the register which relates to adoption 25
proceedings is not available for inspection by the public. 26
`(3) The QCAT Act, section 229(4) does not apply to that part of 27
the register which relates to adoption proceedings. 28
Page 104
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 3 Amendment of Adoption Act 2009
[s 120]
`307P Limited access to tribunal's record of proceedings 1
`(1) This section applies to a record kept under the QCAT Act, 2
section 230 for an adoption proceeding. 3
`(2) Despite the QCAT Act, section 230(3) a person who is not a 4
party to the proceeding may not inspect, or obtain a copy of, 5
the record or a part of the record. 6
`307Q Certain information not to be published 7
`(1) A person must not publish-- 8
(a) information given in evidence or otherwise in an 9
adoption proceeding; or 10
(b) information that is likely to identify a person who-- 11
(i) appears as a witness before the tribunal in an 12
adoption proceeding; or 13
(ii) is a party to an adoption proceeding; or 14
(iii) is mentioned, or otherwise involved, in an adoption 15
proceeding. 16
Maximum penalty-- 17
(a) for a corporation--1000 penalty units; or 18
(b) for an individual--100 penalty units or 2 years 19
imprisonment. 20
`(2) Subsection (1)(a) does not apply to-- 21
(a) a person if the tribunal or the president of the tribunal 22
consents to the publication of the information by the 23
person; or 24
(b) the tribunal publishing its final decision in an adoption 25
proceeding, with or without the reasons for the decision. 26
`(3) The tribunal or the president may only consent to the 27
publication as mentioned in subsection (2) if the tribunal or 28
the president is satisfied the publication of the information-- 29
(a) is in the public interest; and 30
Page 105
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 3 Amendment of Adoption Act 2009
[s 121]
(b) does not conflict with the best interests of the child. 1
`(4) In this section-- 2
information includes-- 3
(a) a matter contained in a document filed with, or received 4
by, the tribunal; and 5
(b) the tribunal's decision or reasons for a decision. 6
publish, for information, means to publish it to the public by 7
way of the internet, newspaper, radio, television or other form 8
of communication.'. 9
Clause 121 Amendment of s 319 (Right of review against particular 10
decisions) 11
Section 319, `the tribunal'-- 12
omit, insert-- 13
`QCAT'. 14
Clause 122 Amendment of s 335 (Review of decision to remove name 15
from adoption list) 16
(1) Section 335(1)(b) and (3), `the tribunal'-- 17
omit, insert-- 18
`QCAT'. 19
(2) Section 335(2), `The tribunal'-- 20
omit, insert-- 21
`QCAT'. 22
Clause 123 Amendment of s 337 (Uncompleted review of decision to 23
remove persons from expression of interest register) 24
Section 337(1)(a), `the tribunal'-- 25
Page 106
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 4 Amendment of Body Corporate and Community Management Act 1997
[s 124]
omit, insert-- 1
`QCAT'. 2
Clause 124 Amendment of sch 3 (Dictionary) 3
(1) Schedule 3, definitions Guardianship and Administration 4
Tribunal, information notice and tribunal-- 5
omit. 6
(2) Schedule 3-- 7
insert-- 8
`adoption proceeding, for part 14A, see section 307A. 9
information notice means a notice complying with the QCAT 10
Act, section 157(2). 11
president, for part 14A, see section 307B. 12
registrar, for part 14A, see section 307B. 13
review application, for part 14A, see section 307B. 14
separate representative, for part 14A, see section 307B. 15
support person, for part 14A, see section 307B. 16
tribunal, for part 14A, see section 307B.'. 17
Part 4 Amendment of Body Corporate 18
and Community Management 19
Act 1997 20
Clause 125 Act amended 21
This part amends the Body Corporate and Community 22
Management Act 1997. 23
Page 107
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 5 Amendment of Child Protection Act 1999
[s 126]
Clause 126 Amendment of s 279 (Interim orders in context of 1
adjudication) 2
(1) Section 279(2)(d)(ii), from `written'-- 3
omit, insert-- 4
`QCAT information notice, under section 241A, for the 5
commissioner's decision to reject the application; or'. 6
(2) Section 279(3)(a), `section 291'-- 7
omit, insert-- 8
`the QCAT Act'. 9
Part 5 Amendment of Child Protection 10
Act 1999 11
Clause 127 Act amended 12
This part amends the Child Protection Act 1999. 13
Clause 128 Amendment of s 99H (Constitution of tribunal) 14
Section 99H(2)-- 15
omit, insert-- 16
`(2) A compulsory conference must be heard by at least 2 17
members, at least 1 of whom is a legally qualified member.'. 18
Page 108
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 6 Amendment of Crime and Misconduct Act 2001
[s 129]
Part 6 Amendment of Crime and 1
Misconduct Act 2001 2
Clause 129 Act amended 3
This part amends the Crime and Misconduct Act 2001. 4
Clause 130 Amendment of ss 56 and 174 5
Sections 56(b) and 174(1), `Editor's note'-- 6
omit, insert-- 7
`Note'. 8
Clause 131 Amendment of ss 76, 78A, 79, 187, 191 and 195A 9
Sections 76, 78A, 79, 187, 191 and 195A, heading, `subdiv'-- 10
omit, insert-- 11
`sdiv'. 12
Clause 132 Amendment of s 78 (Procedure for documents subject to 13
claim of privilege) 14
Section 78(5), `82(1)(c)'-- 15
omit, insert-- 16
`82(1)(a)(iii)'. 17
Clause 133 Amendment of s 86 (Search warrant applications) 18
Section 86(4)(b), before `fully'-- 19
insert-- 20
`must'. 21
Page 109
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 6 Amendment of Crime and Misconduct Act 2001
[s 134]
Clause 134 Amendment of s 109 (Definitions for pt 5) 1
Section 109, definition court, `misconduct tribunal'-- 2
omit, insert-- 3
`QCAT exercising its jurisdiction under this Act'. 4
Clause 135 Amendment of s 119B (Application of part 5A) 5
Section 119B, heading, `part'-- 6
omit, insert-- 7
`pt'. 8
Clause 136 Amendment of s 119K (What suspension order must 9
state) 10
Section 119K(3)-- 11
omit. 12
Clause 137 Amendment of s 124 (Issue of surveillance warrant) 13
Section 124(2), `major crime or'-- 14
omit. 15
Clause 138 Amendment of s 130 (Disclosure of information obtained 16
using surveillance warrant) 17
Section 130(2)(d)-- 18
omit, insert-- 19
`(d) QCAT hearing a matter, in the exercise of its jurisdiction 20
under this Act, in which the relevant information is 21
evidence; or'. 22
Page 110
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 6 Amendment of Crime and Misconduct Act 2001
[s 139]
Clause 139 Amendment of s 146K (Protection from liability) 1
Section 146K(6)(b), first mention-- 2
renumber as section 146K(6)(a). 3
Clause 140 Amendment of s 166 (Register of warrants, warrant 4
applications etc.) 5
Section 166(4)(c), `or 4'-- 6
omit. 7
Clause 141 Amendment of s 170 (Provision for overnight detention) 8
Section 170, `is to be'-- 9
omit, insert-- 10
`to be'. 11
Clause 142 Amendment of s 227 (Advertising and nominations for 12
appointment) 13
Section 227(2), `225(a)'-- 14
omit, insert-- 15
`225(1)(a)'. 16
Clause 143 Amendment of s 230 (Appointment of part-time 17
commissioners) 18
(1) Section 230(2), `225(a)'-- 19
omit, insert-- 20
`225(1)(a)'. 21
(2) Section 230(3), `225(b)'-- 22
omit, insert-- 23
`225(1)(b)'. 24
Page 111
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 6 Amendment of Crime and Misconduct Act 2001
[s 144]
Clause 144 Amendment of ss 326 and 339 1
Sections 326(1)(c) and 339(c), `; and'-- 2
omit, insert-- 3
`;'. 4
Clause 145 Amendment of sch 2 (Dictionary) 5
(1) Schedule 2, definitions evidence-- 6
omit, insert-- 7
`evidence-- 8
(a) of the commission of major crime or misconduct, 9
includes-- 10
(i) a thing or activity that is or may provide evidence 11
of the commission of the major crime or 12
misconduct; and 13
(ii) a thing that will, itself or by or on scientific 14
examination, provide evidence of the commission 15
of the major crime or misconduct; and 16
(iii) a thing that is intended to be used for the purpose 17
of committing the major crime or misconduct; and 18
(iv) a thing that may be liable to forfeiture; or 19
(b) of identity, for chapter 3, part 6B, see section 146Q.'. 20
(2) Schedule 2, definition relevant person, paragraph (b) and 21
editor's note-- 22
omit. 23
(3) Schedule 2, definition relevant person, paragraphs (c) and 24
(d)-- 25
renumber as paragraphs (b) and (c). 26
Page 112
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 7 Amendment of Fisheries Act 1994
[s 146]
Part 7 Amendment of Fisheries Act 1
1994 2
Clause 146 Act amended 3
This part amends the Fisheries Act 1994. 4
Clause 147 Amendment of s 186 (Constitution of tribunal) 5
(1) Section 186(1)(b), `members'-- 6
omit, insert-- 7
`QCAT members'. 8
(2) Section 186(3)-- 9
insert-- 10
`QCAT member means a member under the QCAT Act.'. 11
Part 8 Amendment of Food Act 2006 12
Clause 148 Act amended 13
This part amends the Food Act 2006. 14
Clause 149 Insertion of new s 240 15
Chapter 9, part 1-- 16
insert-- 17
`240 Stay of operation of original decision 18
`(1) If an application is made for a review of an original decision, 19
the applicant may immediately apply, as provided under the 20
QCAT Act, to QCAT for a stay of the decision. 21
Page 113
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 9 Amendment of Health and Other Legislation Amendment Act 2009
[s 150]
`(2) QCAT may stay the decision to secure the effectiveness of the 1
review and any later review. 2
`(3) The stay-- 3
(a) may be given on conditions QCAT considers 4
appropriate; and 5
(b) operates for the period fixed by QCAT; and 6
(c) may be revoked or amended by QCAT. 7
`(4) The period of the stay must not extend past the time when the 8
reviewer makes a review decision about the original decision 9
and any later period QCAT allows the applicant to enable the 10
applicant to apply for a review of the review decision. 11
`(5) An application under subsection (1) affects the original 12
decision, or carrying out of the original decision, only if the 13
original decision is stayed.'. 14
Part 9 Amendment of Health and 15
Other Legislation Amendment 16
Act 2009 17
Clause 150 Act amended 18
This part amends the Health and Other Legislation 19
Amendment Act 2009. 20
Clause 151 Amendment of s 42 (Amendment of s 392 21
(Confidentiality)) 22
Section 42(2)-- 23
omit, insert-- 24
`(2) Section 392(3)-- 25
insert-- 26
Page 114
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 10 Amendment of Integrated Resort Development Act 1987
[s 152]
`(c) if the disclosure is to the Queensland Nursing Council 1
and the disclosure is necessary for the Queensland 2
Nursing Council to perform its functions under the 3
Nursing Act 1992; or'.'. 4
Editor's note-- 5
Legislation ultimately amended-- 6
· Health Practitioners (Professional Standards) Act 1999 7
Clause 152 Amendment of s 43 (Amendment of schedule 8
(Dictionary)) 9
Section 43, `Nursing Tribunal see the Nursing Act 1992, 10
section 4.'-- 11
omit. 12
Editor's note-- 13
Legislation ultimately amended-- 14
· Health Practitioners (Professional Standards) Act 1999 15
Part 10 Amendment of Integrated 16
Resort Development Act 1987 17
Clause 153 Act amended 18
This part amends the Integrated Resort Development Act 19
1987. 20
Clause 154 Replacement of s 175W (CCT jurisdiction) 21
Section 175W-- 22
omit, insert-- 23
Page 115
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 10 Amendment of Integrated Resort Development Act 1987
[s 155]
`175W QCAT jurisdiction 1
`A dispute about the transfer, under this division, of a letting 2
agent's management rights may be dealt with by QCAT under 3
the QCAT Act.'. 4
Clause 155 Amendment of s 175X (CCT jurisdiction) 5
(1) Section 175X, heading, `CCT' 6
omit, insert-- 7
`QCAT'. 8
(2) Section 175X(2)-- 9
omit, insert-- 10
`(2) A party to the dispute may apply, as provided under the QCAT 11
Act, for an order of QCAT to resolve the dispute.'. 12
Clause 156 Amendment of s 179B (Dealing with matter relating to 13
development control by-law) 14
(1) Section 179B, `The Commercial and Consumer Tribunal'-- 15
omit, insert-- 16
`QCAT'. 17
(2) Section 179B(2), `tribunal'-- 18
omit, insert-- 19
`QCAT, as provided under the QCAT Act,'. 20
Clause 157 Amendment of s 179C (Internal dispute resolution 21
processes to be used before application) 22
(1) Section 179C(1)(b), `the Commercial and Consumer Tribunal 23
for'-- 24
omit, insert-- 25
`QCAT in'. 26
Page 116
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 11 Amendment of Local Government Act 2009
[s 158]
(2) Section 179C(2), `tribunal'-- 1
omit, insert-- 2
`QCAT'. 3
Clause 158 Amendment of sch 7 (Dictionary) 4
Schedule 7, definition Commercial and Consumer Tribunal-- 5
omit. 6
Part 11 Amendment of Local 7
Government Act 2009 8
Clause 159 Act amended 9
This part amends the Local Government Act 2009. 10
Clause 160 Insertion of new ch 6, pt 5, div 4 11
Chapter 6, part 5-- 12
insert-- 13
`Division 4 Equality of employment opportunity 14
`201A Equality of employment opportunity obligations 15
`(1) A regulation may provide for matters about equality of 16
employment opportunity for local governments. 17
`(2) If the chief executive reasonably believes a local government 18
has not complied with a regulation made under subsection (1), 19
or is not satisfied with a local government's reasons for not 20
complying, the department's chief executive may-- 21
(a) report the matter to the Minister; or 22
Page 117
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 11 Amendment of Local Government Act 2009
[s 160]
(b) refer the matter, as provided under the QCAT Act, to 1
QCAT to investigate and give a report. 2
`201B QCAT's powers for an investigation 3
`(1) When investigating a referral under section 201A(2)(b), 4
QCAT may require the particular local government or its chief 5
executive officer-- 6
(a) to answer a question; or 7
(b) to give QCAT information; or 8
(c) to produce to QCAT a document or other thing; or 9
(d) to give QCAT a copy of a document. 10
`(2) A requirement under subsection (1) must-- 11
(a) be in writing; and 12
(b) state or describe the information, document or thing 13
required; and 14
(c) state a reasonable period for compliance. 15
`(3) An individual required to answer a question, give information, 16
produce a document or give a copy of a document under this 17
section must comply with the requirement, unless the 18
individual has a reasonable excuse. 19
`(4) It is a reasonable excuse for the individual not to comply with 20
the requirement if complying with the requirement might tend 21
to incriminate the individual. 22
`201C End of reference 23
`(1) At the end of a referral, QCAT must give the following 24
persons a report, with or without recommendations-- 25
(a) the relevant chief executive officer of the local 26
government; 27
(b) the department's chief executive. 28
Page 118
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 12 Amendment of Nursing Act 1992
[s 161]
`(2) The department's chief executive must give the Minister a 1
copy of the report as soon as practicable after receiving it. 2
`201D Local government to comply with recommendation 3
`A local government must comply with a recommendation 4
given in a report under section 201C(1).'. 5
Clause 161 Amendment of s 270 (Regulation-making power) 6
Section 270(2)(c), `appeals against'-- 7
omit, insert-- 8
`reviews of, or appeals against,'. 9
Part 12 Amendment of Nursing Act 10
1992 11
Clause 162 Act amended 12
This part amends the Nursing Act 1992. 13
Clause 163 Amendment of s 87 (Assessors to assist tribunal) 14
Section 87(1)(a) and (b), `president'-- 15
omit, insert-- 16
`principal registrar'. 17
Page 119
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 13 Amendment of Pest Management Act 2001
[s 164]
Part 13 Amendment of Pest 1
Management Act 2001 2
Clause 164 Act amended 3
This part amends the Pest Management Act 2001. 4
Clause 165 Insertion of new s 107 5
Part 4, division 1-- 6
insert-- 7
`107 Stay of operation of original decision 8
`(1) If an application is made for a review of an original decision, 9
the applicant may immediately apply, as provided under the 10
QCAT Act, to QCAT for a stay of the decision. 11
`(2) QCAT may stay the decision to secure the effectiveness of the 12
review and any later review. 13
`(3) The stay-- 14
(a) may be given on conditions QCAT considers 15
appropriate; and 16
(b) operates for the period fixed by QCAT; and 17
(c) may be revoked or amended by QCAT. 18
`(4) The period of the stay must not extend past the time when the 19
chief executive makes a review decision about the original 20
decision and any later period QCAT allows the applicant to 21
enable the applicant to apply for a review of the review 22
decision. 23
`(5) An application under subsection (1) affects the original 24
decision, or carrying out of the original decision, only if the 25
original decision is stayed.'. 26
Page 120
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 14 Amendment of Plumbing and Drainage Act 2002
[s 166]
Part 14 Amendment of Plumbing and 1
Drainage Act 2002 2
Clause 166 Act amended 3
This part amends the Plumbing and Drainage Act 2002. 4
Clause 167 Amendment of s 70B (Constitution of QCAT) 5
(1) Section 70B(2)(a), `under the QCAT Act'-- 6
omit. 7
(2) Section 70B(2)(b), `member'-- 8
omit, insert-- 9
`QCAT member'. 10
(3) Section 70B-- 11
insert-- 12
`(3) In this section-- 13
legally qualified member means a legally qualified member 14
under the QCAT Act. 15
QCAT member means a member under the QCAT Act.'. 16
Part 15 Amendment of Police Powers 17
and Responsibilities Act 2000 18
Clause 168 Act amended 19
This part amends the Police Powers and Responsibilities Act 20
2000. 21
Page 121
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 16 Amendment of Private Health Facilities Act 1999
[s 169]
Clause 169 Amendment of s 207 (What suspension order must state) 1
Section 207(3)-- 2
omit. 3
Part 16 Amendment of Private Health 4
Facilities Act 1999 5
Clause 170 Act amended 6
This part amends the Private Health Facilities Act 1999. 7
Clause 171 Insertion of new s 130 8
Part 9, division 1-- 9
insert-- 10
`130 Stay of operation of original decision 11
`(1) If an application is made for an internal review of an original 12
decision, the applicant may immediately apply, as provided 13
under the QCAT Act, to QCAT for a stay of the decision. 14
`(2) QCAT may stay the decision to secure the effectiveness of the 15
review and any later review. 16
`(3) The stay-- 17
(a) may be given on conditions QCAT considers 18
appropriate; and 19
(b) operates for the period fixed by QCAT; and 20
(c) may be revoked or amended by QCAT. 21
`(4) The period of the stay must not extend past the time when the 22
chief executive makes a review decision about the original 23
decision and any later period QCAT allows the applicant to 24
Page 122
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 17 Amendment of Property Agents and Motor Dealers Act 2000
[s 172]
enable the applicant to apply for a review of the review 1
decision. 2
`(5) An application under subsection (1) affects the original 3
decision, or carrying out of the original decision, only if the 4
original decision is stayed.'. 5
Part 17 Amendment of Property Agents 6
and Motor Dealers Act 2000 7
Clause 172 Act amended 8
This part amends the Property Agents and Motor Dealers Act 9
2000. 10
Clause 173 Amendment of s 477 (Inspector may investigate claims 11
and report and related documents may be referred to the 12
tribunal) 13
Section 477(3) and (4), `chairperson'-- 14
omit, insert-- 15
`president'. 16
Clause 174 Replacement of s 598 (Approved forms) 17
Section 598-- 18
omit, insert-- 19
`598 Approved forms 20
`The chief executive may approve forms for use under this 21
Act.'. 22
Page 123
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 18 Amendment of Public Health (Infection Control for Personal Appearance Services)
Act 2003
[s 175]
Part 18 Amendment of Public Health 1
(Infection Control for Personal 2
Appearance Services) Act 2003 3
Clause 175 Act amended 4
This part amends the Public Health (Infection Control for 5
Personal Appearance Services) Act 2003. 6
Clause 176 Insertion of new s 123 7
Part 7, division 1-- 8
insert-- 9
`123 Stay of operation of original decision 10
`(1) If an application is made for a review of an original decision, 11
the applicant may immediately apply, as provided under the 12
QCAT Act, to QCAT for a stay of the decision. 13
`(2) QCAT may stay the decision to secure the effectiveness of the 14
review and any later review. 15
`(3) The stay-- 16
(a) may be given on conditions QCAT considers 17
appropriate; and 18
(b) operates for the period fixed by QCAT; and 19
(c) may be revoked or amended by QCAT. 20
`(4) The period of the stay must not extend past the time when the 21
local government that made the original decision makes a 22
review decision about the original decision and any later 23
period QCAT allows the applicant to enable the applicant to 24
apply for a review of the review decision. 25
`(5) An application under subsection (1) affects the original 26
decision, or carrying out of the original decision, only if the 27
original decision is stayed.'. 28
Page 124
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 19 Amendment of Queensland Building Services Authority Act 1991
[s 177]
Part 19 Amendment of Queensland 1
Building Services Authority Act 2
1991 3
Clause 177 Act amended 4
This part amends the Queensland Building Services Authority 5
Act 1991. 6
Clause 178 Amendment of s 95 (Expedited hearing of domestic 7
building disputes) 8
(1) Section 95(2), `The'-- 9
omit, insert-- 10
`Subject to subsection (3), the'. 11
(2) Section 95-- 12
insert-- 13
`(3) The tribunal may decide a domestic building dispute between 14
a building owner and a building contractor at an expedited 15
hearing if-- 16
(a) the building contractor applied to the tribunal to have the 17
tribunal decide the dispute; and 18
(b) prior to the proceedings the building owner applied 19
under section 71A for the authority to consider whether 20
to direct the following rectification of building work-- 21
(i) to complete incomplete domestic building work; 22
(ii) to remedy defective domestic building work 23
relating to a building that-- 24
(A) adversely affects the structural performance 25
of the building; or 26
(B) adversely affects the health or safety of a 27
person occupying the building; or 28
Page 125
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 19 Amendment of Queensland Building Services Authority Act 1991
[s 178]
(C) adversely affects the functional use of the 1
building; or 2
(D) allows water penetration into the building; 3
and 4
(c) the tribunal considers the building owner may suffer 5
undue hardship if the matter is not dealt with by 6
expedited hearing; and 7
(d) having regard to the complexity of the dispute, the 8
tribunal considers that it may properly be dealt with at 9
an expedited hearing. 10
`(4) The tribunal may decide a review of a decision of the 11
authority at an expedited hearing if-- 12
(a) a building contractor applied to the tribunal for the 13
review; and 14
(b) the review is of a decision of the authority-- 15
(i) to direct or not to direct rectification or completion 16
of tribunal work in relation to domestic building 17
work; or 18
(ii) that a domestic building contract has been validly 19
terminated having the consequence of allowing a 20
claim for noncompletion under the statutory 21
insurance scheme; and 22
(c) prior to the review being commenced, the relevant 23
building owner for the decision applied under section 24
71A for the authority to consider whether to direct the 25
following rectification of building work-- 26
(i) to complete incomplete domestic building work; 27
(ii) to remedy defective domestic building work 28
relating to a building that-- 29
(A) adversely affects the structural performance 30
of the building; or 31
(B) adversely affects the health or safety of a 32
person occupying the building; or 33
Page 126
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 20 Amendment of Radiation Safety Act 1999
[s 179]
(C) adversely affects the functional use of the 1
building; or 2
(D) allows water penetration into the building; 3
and 4
(d) the tribunal considers the relevant building owner for the 5
decision may suffer undue hardship if the matter is not 6
dealt with by expedited hearing; and 7
(e) having regard to the complexity of the review the 8
tribunal considers that it may properly be dealt with at 9
an expedited hearing.'. 10
Part 20 Amendment of Radiation 11
Safety Act 1999 12
Clause 179 Act amended 13
This part amends the Radiation Safety Act 1999. 14
Clause 180 Insertion of new s 187 15
Part 10, division 1-- 16
insert-- 17
`187 Stay of operation of original decision 18
`(1) If an application is made for a review of an original decision, 19
the applicant may immediately apply, as provided under the 20
QCAT Act, to QCAT for a stay of the decision. 21
`(2) QCAT may stay the decision to secure the effectiveness of the 22
review and any later review. 23
`(3) The stay-- 24
(a) may be given on conditions QCAT considers 25
appropriate; and 26
Page 127
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 21 Amendment of Retail Shop Leases Act 1994
[s 181]
(b) operates for the period fixed by QCAT; and 1
(c) may be revoked or amended by QCAT. 2
`(4) The period of the stay must not extend past the time when the 3
chief executive makes a review decision about the original 4
decision and any later period QCAT allows the applicant to 5
enable the applicant to apply for a review of the review 6
decision. 7
`(5) An application under subsection (1) affects the original 8
decision, or carrying out of the original decision, only if the 9
original decision is stayed.'. 10
Part 21 Amendment of Retail Shop 11
Leases Act 1994 12
Clause 181 Act amended 13
This part amends the Retail Shop Leases Act 1994. 14
Clause 182 Amendment of s 17 (Application of Act to leases of 15
service stations) 16
Section 17, `Petroleum Retail Marketing Franchise Act 1980 17
(Cwlth)'-- 18
omit, insert-- 19
`Trade Practices (Industry Codes--Oilcode) Regulations 20
2006 (Cwlth)'. 21
Clause 183 Amendment of s 63 (Reference of dispute--by mediator) 22
Section 63(2)-- 23
omit, insert-- 24
`(2) The mediator must-- 25
Page 128
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 22 Amendment of Sanctuary Cove Resort Act 1985
[s 184]
(a) refer the dispute, as provided under the QCAT Act, to 1
QCAT; and 2
(b) give the chief executive written notice of the referral.'. 3
Part 22 Amendment of Sanctuary Cove 4
Resort Act 1985 5
Clause 184 Act amended 6
This part amends the Sanctuary Cove Resort Act 1985. 7
Clause 185 Amendment of s 4 (Definitions) 8
Section 4, definition Commercial and Consumer Tribunal-- 9
omit. 10
Clause 186 Replacement of s 94T (CCT jurisdiction) 11
Section 94T-- 12
omit, insert-- 13
`94T QCAT jurisdiction 14
`A dispute about the transfer, under this division, of a letting 15
agent's management rights may be dealt with by QCAT under 16
the QCAT Act.'. 17
Clause 187 Amendment of s 94U (CCT jurisdiction) 18
(1) Section 94U, heading, `CCT'-- 19
omit, insert-- 20
`QCAT'. 21
(2) Section 94U(2)-- 22
Page 129
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 22 Amendment of Sanctuary Cove Resort Act 1985
[s 188]
omit, insert-- 1
`(2) A party to the dispute may apply, as provided under the QCAT 2
Act, for an order of QCAT to resolve the dispute.'. 3
Clause 188 Amendment of s 104B (Dealing with matter relating to 4
development control by-law) 5
(1) Section 104B(1), `The Commercial and Consumer 6
Tribunal'-- 7
omit, insert-- 8
`QCAT'. 9
(2) Section 104B(2), `the tribunal'-- 10
omit, insert-- 11
`QCAT, as provided under the QCAT Act,'. 12
Clause 189 Amendment of s 104C (Internal dispute resolution 13
processes to be used before application) 14
(1) Section 104C(1)(b), `the Commercial and Consumer Tribunal 15
for'-- 16
omit, insert-- 17
`QCAT in'. 18
(2) Section 104C(2), `tribunal'-- 19
omit, insert-- 20
`QCAT'. 21
Page 130
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 23 Amendment of Taxation Administration Act 2001
[s 190]
Part 23 Amendment of Taxation 1
Administration Act 2001 2
Clause 190 Act amended 3
This part amends the Taxation Administration Act 2001. 4
Clause 191 Amendment of s 29B (Application to withdraw electronic 5
payment notice) 6
Section 29B(7) to (10)-- 7
omit, insert-- 8
`(7) Subsections (8) to (11) apply if the commissioner decides to 9
refuse to grant the application. 10
`(8) The commissioner must immediately give the person a written 11
notice stating the following-- 12
(a) the decision; 13
(b) the reasons for the decision; 14
(c) that the person may apply, as provided under the QCAT 15
Act, to the tribunal for a review of the decision within 14 16
days after being given the notice (the review period); 17
(d) how the person may apply for the review. 18
`(9) The person may apply to the tribunal for a review of the 19
decision during the review period. 20
`(10) The person is not required to comply with the notice-- 21
(a) during the review period; and 22
(b) if the person applies for a review of the decision-- 23
(i) pending the review being decided; and 24
(ii) if the person is unsuccessful on the review--during 25
14 days immediately after the review is decided. 26
`(11) If the person applies for a review of the decision-- 27
Page 131
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 23 Amendment of Taxation Administration Act 2001
[s 192]
(a) a party to a proceeding of the tribunal for the review 1
may be represented by a lawyer; and 2
(b) the grounds for the review are limited to the grounds 3
stated in subsection (3).'. 4
Clause 192 Amendment of s 61 (Interest on particular overpayments 5
following court's decision) 6
Section 61, heading, after `court's'-- 7
insert-- 8
`or QCAT's'. 9
Clause 193 Amendment of s 143B (Application to withdraw electronic 10
communication notice) 11
Section 143B(7) to (10)-- 12
omit, insert-- 13
`(7) Subsections (8) to (11) apply if the commissioner decides to 14
refuse to grant the application. 15
`(8) The commissioner must immediately give the person a written 16
notice stating the following-- 17
(a) the decision; 18
(b) the reasons for the decision; 19
(c) that the person may apply, as provided under the QCAT 20
Act, to the tribunal for a review of the decision within 14 21
days after being given the notice (the review period); 22
(d) how the person may apply for the review. 23
`(9) The person may apply to the tribunal for a review of the 24
decision during the review period. 25
`(10) The person is not required to comply with the notice-- 26
(a) during the review period; and 27
(b) if the person applies for a review of the decision-- 28
Page 132
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 23 Amendment of Taxation Administration Act 2001
[s 194]
(i) pending the review being decided; and 1
(ii) if the person is unsuccessful on the review--during 2
14 days immediately after the review is decided. 3
`(11) If the person applies for a review of the decision-- 4
(a) a party to a proceeding of the tribunal for the review 5
may be represented by a lawyer; and 6
(b) the grounds for the review are limited to the grounds 7
stated in subsection (3).'. 8
Clause 194 Amendment of s 153C (Commissioner may require 9
payment of penalty) 10
(1) Section 153C(3)(c) and (d)-- 11
omit, insert-- 12
`(c) that the person may apply, as provided under the QCAT 13
Act, to the tribunal for a review of the decision within 14 14
days after being given the notice (the review period); 15
(d) how the person may apply for the review.'. 16
(2) Section 153C(6) and (7)-- 17
omit, insert-- 18
`(6) The person may apply to the tribunal for a review of the 19
decision during the review period. 20
`(7) If the person applies for a review of the decision-- 21
(a) the person is not required to pay the penalty amount 22
pending the review being decided; and 23
(b) a party to a proceeding of the tribunal for the review 24
may be represented by a lawyer.'. 25
Clause 195 Amendment of sch 2 (Dictionary) 26
Schedule 2, definition tribunal-- 27
Page 133
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 4 QCAT Amendments
Part 24 Amendment of Veterinary Surgeons Act 1936
[s 196]
omit, insert-- 1
`tribunal means QCAT.'. 2
Part 24 Amendment of Veterinary 3
Surgeons Act 1936 4
Clause 196 Act amended 5
This part amends the Veterinary Surgeons Act 1936. 6
Clause 197 Amendment of s 15B (Constitution of tribunal) 7
(1) Section 15B(1)(a), `under the QCAT Act'-- 8
omit. 9
(2) Section 15B(1)(b), `members'-- 10
omit, insert-- 11
`QCAT members'. 12
(3) Section 15B-- 13
insert-- 14
`(3) In this section-- 15
legally qualified member means a legally qualified member 16
under the QCAT Act. 17
QCAT member means a member under the QCAT Act.'. 18
Page 134
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 1 Amendment of Classification of Computer Games and Images Act 1995
[s 198]
Chapter 5 Other amendments 1
Part 1 Amendment of Classification of 2
Computer Games and Images 3
Act 1995 4
Clause 198 Act amended 5
This part amends the Classification of Computer Games and 6
Images Act 1995. 7
Clause 199 Amendment of s 12 (Advertisement to contain 8
determined markings and consumer advice) 9
(1) Section 12(1)(b)(i), from `Act', including footnote-- 10
omit, insert-- 11
`Act; and 12
Note-- 13
See the Commonwealth Act, section 8.'. 14
(2) Section 12(2), footnote-- 15
omit, insert-- 16
`Note-- 17
See section 7A and the Commonwealth Act, section 28.'. 18
Clause 200 Amendment of s 30 (Appointment of inspectors) 19
Section 30(1) and (2)-- 20
omit, insert-- 21
`(1) The chief executive may appoint any of the following persons 22
to be an inspector-- 23
(a) a public service officer; 24
Page 135
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 1 Amendment of Classification of Computer Games and Images Act 1995
[s 201]
(b) a police officer. 1
Note-- 2
A proposed appointment of a police officer must have the 3
approval of the commissioner of the police service under the 4
Police Powers and Responsibilities Act 2000, section 13. 5
`(2) The chief executive may appoint a person mentioned in 6
subsection (1)(a) to be an inspector only if the chief executive 7
believes the person has the necessary expertise or experience 8
to be an inspector.'. 9
Clause 201 Amendment of s 51 (Obstructing inspector) 10
Section 51(3)(c), footnote-- 11
omit. 12
Clause 202 Amendment of sch 2 (Dictionary) 13
(1) Schedule 2, definition approved form, footnote-- 14
omit. 15
(2) Schedule 2, definition determined markings, paragraph (b), 16
footnote-- 17
omit, insert-- 18
`Note-- 19
See the Commonwealth Act, section 8.'. 20
(3) Schedule 2, definition exempt computer game, footnote-- 21
omit. 22
Page 136
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 2 Amendment of Classification of Films Act 1991
[s 203]
Part 2 Amendment of Classification of 1
Films Act 1991 2
Clause 203 Act amended 3
This part amends the Classification of Films Act 1991. 4
Clause 204 Amendment of s 4 (Inspectors and films classification 5
officer) 6
(1) Section 4(1)-- 7
omit, insert-- 8
`(1) For the purposes of this Act, the chief executive may appoint 9
any of the following persons to be an inspector-- 10
(a) a public service officer; 11
(b) a police officer. 12
Note-- 13
A proposed appointment of a police officer must have the 14
approval of the commissioner of the police service under the 15
Police Powers and Responsibilities Act 2000, section 13. 16
`(1A) The chief executive may appoint a person mentioned in 17
subsection (1)(a) to be an inspector only if the chief executive 18
believes the person has the necessary expertise or experience 19
to be an inspector.'. 20
(2) Section 4(1A) to (6)-- 21
renumber as section 4(2) to (7). 22
Clause 205 Amendment of s 27 (Advertisement to contain 23
determined markings and consumer advice) 24
(1) Section 27(1)(b)(i), from `Act', including footnote-- 25
omit, insert-- 26
`Act; and 27
Page 137
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 3 Amendment of Classification of Publications Act 1991
[s 206]
Note-- 1
See the Commonwealth Act, section 8.'. 2
(2) Section 27(2), footnote-- 3
omit, insert-- 4
`Note-- 5
See the Commonwealth Act, section 28.'. 6
Clause 206 Amendment of s 28 (False advertising of films prohibited) 7
Section 28(1A), footnote-- 8
omit, insert-- 9
`Note-- 10
See the Commonwealth Act, section 28.'. 11
Clause 207 Amendment of s 56 (Approval of organisation) 12
Section 56(4), `film'-- 13
omit, insert-- 14
`films'. 15
Part 3 Amendment of Classification of 16
Publications Act 1991 17
Clause 208 Act amended 18
This part amends the Classification of Publications Act 1991. 19
Page 138
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 3 Amendment of Classification of Publications Act 1991
[s 209]
Clause 209 Amendment of s 3 (Definitions) 1
Section 3, definitions board, classification guidelines, 2
determined markings, footnotes only-- 3
omit. 4
Clause 210 Amendment of s 5 (Inspectors) 5
(1) Section 5(1)-- 6
omit, insert-- 7
`(1) For the purposes of this Act, the chief executive may appoint 8
any of the following persons to be an inspector-- 9
(a) a public service officer; 10
(b) a police officer. 11
Note-- 12
A proposed appointment of a police officer must have the 13
approval of the commissioner of the police service under the 14
Police Powers and Responsibilities Act 2000, section 13. 15
`(1A) The chief executive may appoint a person mentioned in 16
subsection (1)(a) to be an inspector only if the chief executive 17
believes the person has the necessary expertise or experience 18
to be an inspector.'. 19
(2) Section 5(1A) to (4)-- 20
renumber as section 5(2) to (5). 21
Clause 211 Amendment of s 6A (Delegation by publications 22
classification officer) 23
Section 6A, `of the department', first mention-- 24
omit. 25
Page 139
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 4 Amendment of Disability Services Act 2006
[s 212]
Clause 212 Amendment of s 11C (Publications for which display 1
order may be made) 2
Section 11C(4)(d), footnote-- 3
omit. 4
Part 4 Amendment of Disability 5
Services Act 2006 6
Clause 213 Act amended 7
This part amends the Disability Services Act 2006. 8
Clause 214 Amendment of s 241 (Interpretation) 9
Section 241(1), definition transitional period, `18 months'-- 10
omit, insert-- 11
`27 months'. 12
Part 5 Amendment of Guardianship 13
and Administration Act 2000 14
Clause 215 Act amended 15
This part amends the Guardianship and Administration Act 16
2000. 17
Clause 216 Amendment of s 29 (Other review of appointment) 18
Section 29(1)(b), from `other than' to `5B'-- 19
omit, insert-- 20
Page 140
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 5 Amendment of Guardianship and Administration Act 2000
[s 217]
`(other than a guardian for a restrictive practice matter under 1
chapter 5B) or an administrator'. 2
Clause 217 Amendment of s 265 (Powers of guardians--use of 3
restrictive practices) 4
Section 265(4), definition transitional period, `18 months'-- 5
omit, insert-- 6
`27 months'. 7
Clause 218 Insertion of new ch 12, pt 10 8
Chapter 12-- 9
insert-- 10
`Part 10 Transitional provision for State 11
Penalties Enforcement and 12
Other Legislation Amendment 13
Act 2009 14
`268 Declaration and validation concerning particular 15
reviews under s 29 16
`(1) During the transitional period, section 29 is taken always to 17
have applied in relation to a review of an appointment of an 18
administrator for an adult as if the amendment of that section 19
by the State Penalties Enforcement and Other Legislation 20
Amendment Act 2009, section 216 had commenced on 1 July 21
2008. 22
`(2) In this section-- 23
transitional period means the period starting at the beginning 24
of 1 July 2008 and ending at the end of the day before the 25
commencement of the amendment.'. 26
Page 141
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 6 Amendment of Information Privacy Act 2009
[s 219]
Part 6 Amendment of Information 1
Privacy Act 2009 2
Clause 219 Act amended 3
This part amends the Information Privacy Act 2009. 4
Clause 220 Amendment of s 50 (Decision-maker for application to 5
agency) 6
Section 50(6)-- 7
insert-- 8
`power to deal, with an access or amendment application, 9
includes power to deal with an application for internal review 10
in relation to the access or amendment application. 11
Examples of dealing with an application for internal review-- 12
· making a new decision under section 94(2) 13
· giving notice under section 97(3)'. 14
Clause 221 Amendment of s 51 (Decision-maker for application to 15
Minister) 16
Section 51(3)-- 17
insert-- 18
`deal, with an access or amendment application, includes deal 19
with an application for internal review in relation to the access 20
or amendment application. 21
Examples of dealing with an application for internal review-- 22
· making a new decision under section 94(2) 23
· giving notice under section 97(3)'. 24
Page 142
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 6 Amendment of Information Privacy Act 2009
[s 222]
Clause 222 Amendment of s 69 (Information as to existence of 1
particular documents) 2
Section 69-- 3
insert-- 4
`(3) To avoid any doubt, it is declared that a decision that states the 5
matters mentioned in subsection (2) is a decision refusing 6
access to a document under section 67. 7
Note-- 8
A decision refusing access to a document under section 67 is a 9
reviewable decision--see schedule 5, definition reviewable decision, 10
paragraph (f).'. 11
Clause 223 Amendment of s 94 (Internal review) 12
Section 94(1), notes-- 13
insert-- 14
`3 An internal review application may be dealt with under a delegation 15
or direction. See sections 50 and 51.'. 16
Clause 224 Amendment of s 120 (Information commissioner to 17
ensure proper disclosure and return of documents) 18
(1) Section 120, `to ensure'-- 19
omit, insert-- 20
`to ensure that any document that is given to the commissioner 21
and is the subject of the decision being reviewed' 22
(2) Section 120(a), `information or a document given to the 23
commissioner'-- 24
omit. 25
(3) Section 120(b), `any document given to the commissioner'-- 26
omit. 27
Page 143
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 6 Amendment of Information Privacy Act 2009
[s 225]
Clause 225 Insertion of ch 8, pt 1 hdg 1
Chapter 8, before section 202-- 2
insert-- 3
`Part 1 Transitional provisions for Act 4
No. 14 of 2009'. 5
Clause 226 Insertion of new ch 8, pt 2 6
Chapter 8, after section 211-- 7
insert-- 8
`Part 2 Transitional provisions for 9
State Penalties Enforcement 10
and Other Legislation 11
Amendment Act 2009 12
`212 Definition for pt 2 13
`In this part-- 14
relevant period means the period starting on 1 July 2009 and 15
ending immediately before the commencement of this part. 16
`213 Retrospective validation for particular delegations 17
and directions 18
`(1) A delegation, or an amendment of a delegation, made by a 19
principal officer under this Act during the relevant period is 20
taken to be, and always to have been, as valid as if section 50, 21
as in force immediately after the commencement of this part, 22
had been in force on the day the delegation, or the 23
amendment, was made. 24
`(2) A direction given by a Minister under this Act during the 25
relevant period is taken to be, and always to have been, as 26
valid as if section 51, as in force immediately after the 27
Page 144
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 7 Amendment of Right to Information Act 2009
[s 227]
commencement of this part, had been in force on the day the 1
direction was given. 2
`214 Decision under s 69(2) is a reviewable decision 3
`(1) It is declared that a decision made during the relevant period 4
stating the matters mentioned in section 69(2) is, and always 5
has been, a reviewable decision under this Act as if section 69, 6
as in force immediately after the commencement of this part, 7
had been in force on the day the decision was made. 8
`(2) Despite section 96(c) or 101(1)(d), an application for internal 9
review or external review in relation to the decision may be 10
made within 20 business days after the commencement of this 11
part. 12
`(3) If an application for internal review or external review in 13
relation to the decision is made before the commencement of 14
this part, for the purposes of any review, the application is 15
taken to have been made immediately after the 16
commencement of this part.'. 17
Part 7 Amendment of Right to 18
Information Act 2009 19
Clause 227 Act amended 20
This part amends the Right to Information Act 2009. 21
Clause 228 Amendment of s 30 (Decision-maker for application to 22
agency) 23
Section 30(6)-- 24
insert-- 25
Page 145
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 7 Amendment of Right to Information Act 2009
[s 229]
`power to deal, with an access application, includes power to 1
deal with an application for internal review in relation to the 2
access application. 3
Examples of dealing with an application for internal review-- 4
· making a new decision under section 80(2) 5
· giving notice under section 83(3)'. 6
Clause 229 Amendment of s 31 (Decision-maker for application to 7
Minister) 8
Section 31(3)-- 9
insert-- 10
`deal, with an access application, includes deal with an 11
application for internal review in relation to the access 12
application. 13
Examples of dealing with an application for internal review-- 14
· making a new decision under section 80(2) 15
· giving notice under section 83(3)'. 16
Clause 230 Amendment of s 55 (Information as to existence of 17
particular documents) 18
Section 55-- 19
insert-- 20
`(4) To avoid any doubt, it is declared that a decision that states the 21
matters mentioned in subsection (2) is a decision refusing 22
access to a document under section 47. 23
Note-- 24
A decision refusing access to a document under section 47 is a 25
reviewable decision--see schedule 6, definition reviewable decision, 26
paragraph (e).'. 27
Clause 231 Amendment of s 80 (Internal review) 28
Section 80(1), notes-- 29
Page 146
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 7 Amendment of Right to Information Act 2009
[s 232]
insert-- 1
`3 An internal review application may be dealt with under a delegation 2
or direction. See sections 30 and 31.'. 3
Clause 232 Amendment of s 107 (Information commissioner to 4
ensure proper disclosure and return of documents) 5
(1) Section 107, `to ensure'-- 6
omit, insert-- 7
`to ensure that any document that is given to the commissioner 8
and is the subject of the decision being reviewed' 9
(2) Section 107(a), `information or a document given to the 10
commissioner'-- 11
omit. 12
(3) Section 107(b), `any document given to the commissioner'-- 13
omit. 14
Clause 233 Replacement of ch 7, pt 2, hdg (Transitional provisions) 15
Chapter 7, part 2, heading-- 16
omit, insert-- 17
`Part 2 Transitional provisions for Act 18
No. 13 of 2009'. 19
Clause 234 Insertion of new ch 7, pt 3 20
Chapter 7, after part 2-- 21
insert-- 22
Page 147
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 7 Amendment of Right to Information Act 2009
[s 234]
`Part 3 Transitional provisions for 1
State Penalties Enforcement 2
and Other Legislation 3
Amendment Act 2009 4
`204 Definition for pt 3 5
`In this part-- 6
relevant period means the period starting on 1 July 2009 and 7
ending immediately before the commencement of this part. 8
`205 Retrospective validation for particular delegations 9
and directions 10
`(1) A delegation, or an amendment of a delegation, made by a 11
principal officer under this Act during the relevant period is 12
taken to be, and always to have been, as valid as if section 30, 13
as in force immediately after the commencement of this part, 14
had been in force on the day the delegation, or the 15
amendment, was made. 16
`(2) A direction given by a Minister under this Act during the 17
relevant period is taken to be, and always to have been, as 18
valid as if section 31, as in force immediately after the 19
commencement of this part, had been in force on the day the 20
direction was given. 21
`206 Decision under s 55(2) is a reviewable decision 22
`(1) A decision made during the relevant period stating the matters 23
mentioned in section 55(2) is, and always has been, a 24
reviewable decision under this Act as if section 55, as in force 25
immediately after the commencement of this part, had been in 26
force on the day the decision was made. 27
`(2) Despite section 82(c) or 88(1)(d), an application for internal 28
review or external review in relation to the decision may be 29
Page 148
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 8 Amendment of Superannuation (State Public Sector) Act 1990
[s 235]
made within 20 business days after the commencement of this 1
part. 2
`(3) If an application for internal review or external review in 3
relation to the decision is made before the commencement of 4
this part, for the purposes of any review, the application is 5
taken to have been made immediately after the 6
commencement of this part.'. 7
Part 8 Amendment of Superannuation 8
(State Public Sector) Act 1990 9
Clause 235 Act amended 10
This part amends the Superannuation (State Public Sector) 11
Act 1990. 12
Clause 236 Amendment of s 3 (Establishment of board) 13
(1) Section 3(6)-- 14
renumber as section 3(7). 15
(2) Section 3-- 16
insert-- 17
`(6) However, for the purposes of the Corporations Act 2001 18
(Cwlth), chapter 7 and the Superannuation Industry 19
(Supervision) Act 1993 (Cwlth) the board-- 20
(a) does not represent the State; and 21
(b) is not an agent or instrumentality of the State; and 22
(c) does not have the immunities and privileges of the 23
State.'. 24
Page 149
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 8 Amendment of Superannuation (State Public Sector) Act 1990
[s 237]
Clause 237 Insertion of new s 6DAA 1
After section 6D-- 2
insert-- 3
`6DAA Deputy chaiperson 4
`(1) The trustees may elect one of their number as deputy 5
chairperson of the board if the person consents to their 6
election. 7
`(2) The person elected must be-- 8
(a) a member entity trustee if the chairperson is an 9
employer trustee; or 10
(b) an employer trustee if the chairperson is a member 11
entity trustee. 12
`(3) A person is elected deputy chairperson if at least a quorum of 13
trustees vote for the person to be deputy chairperson. 14
`(4) A person elected stops being deputy chairperson if-- 15
(a) the person's term of appointment as trustee ends; or 16
(b) he or she resigns the office of deputy chairperson by 17
written notice given to the board; or 18
(c) he or she stops being a trustee; or 19
(d) he or she stops being a person who may be elected under 20
subsection (2).'. 21
Clause 238 Amendment of s 6I (Conduct of meetings) 22
(1) Section 6I(3) to (6)-- 23
renumber as subsection (4) to (7). 24
(2) Section 6I(2)-- 25
omit, insert-- 26
`(2) In the chairperson's absence, the deputy chairperson is to 27
preside if present at the meeting. 28
Page 150
State Penalties Enforcement and Other Legislation Amendment Bill 2009
Chapter 5 Other amendments
Part 8 Amendment of Superannuation (State Public Sector) Act 1990
[s 238]
`(3) In the absence of the chairperson and deputy chairperson, 1
another trustee chosen by the trustees present is to preside.'. 2
(3) Section 6I(7) as renumbered, `subsection (5)'-- 3
omit, insert-- 4
`subsection (6)'. 5
© State of Queensland 2009
Page 151
AMENDMENTS TO BILL
State Penalties Enforcement and Other Legislation Amendment Bill 2009
State Penalties Enforcement and Other
Legislation Amendment Bill 2009
Amendments agreed to during Consideration
1 Clause 2 (Commencement)
Page 16, line 23, after `10,'--
insert--
`10A,'.
2 After clause 29
Page 51, after line 14--
insert--
`29A Amendment of s 151 (Information from commissioner of
police service)
`(1) Section 151(2), after `given'--
insert--
`under subsection (1)'.
`(2) Section 151(3) and (4)--
renumber as section 151(6) and (8).
`(3) Section 151--
insert--
`(3) Subsection (4) applies if the registrar advises the
commissioner of the police service under section 151A about
a particular immobilisation warrant.
`(4) The commissioner of the police service may, on the registrar's
written request, give to the registrar information in the
possession of the police service about any person known to
the commissioner of police to reside at premises where the
registrar proposes to have the warrant enforced.
Page 1
State Penalties Enforcement and Other Legislation Amendment Bill 2009
`(5) The information that may be given under subsection (4) is--
(a) the person's criminal history; and
(b) whether any warning, including, for example, a warning
about the health or behaviour of the person is recorded
in a document in the possession of the police service;
and
(c) the details of any warning mentioned in paragraph (b).
`(7) If information given to the registrar under subsection (4) is in
writing, the registrar must destroy it as soon as practicable
after the registrar is satisfied it is no longer needed for the
purpose for which it was given.'.'.
3 Clause 39 (Amendment of sch 2 (Dictionary))
Page 55, after line 21--
insert--
`good behaviour order see section 118(3).'.
4 After clause 71
Page 76, after line 16--
insert--
`71A Amendment of s 97 (Requiring witness to attend or
produce document or thing)
`(1) Section 97(3), from `attends' to `notice given'--
omit, insert--
`is given a notice'.
`(2) Section 97--
insert--
`(5) The fees and allowances must be paid at the time prescribed
under a regulation.'.'.
Page 2
State Penalties Enforcement and Other Legislation Amendment Bill 2009
5 After clause 75
Page 78, after line 5--
insert--
`75A Amendment of s 195 (Functions generally)
`(1) Section 195(b)--
omit.
`(2) Section 195(c), after `this Act,'--
insert--
`the rules,'.
`(3) Section 195(c) and (d)--
renumber as section 195(b) and (c).'.
6 After clause 100
Page 89, after line 12--
insert--
`100A Insertion of new s 723A
`After section 723--
insert--
`723A Amendment of s 4 (Main purposes of Act and how they
generally are achieved)
`(1) Section 4(2)(f)--
omit.
`(2) Section 4(2)(g) to (j)--
renumber as section 4(2)(f) to (i).
Editor's note--
Legislation ultimately amended--
· Racing Act 2002'.
Page 3
State Penalties Enforcement and Other Legislation Amendment Bill 2009
7 After clause 129
Page 109, after line 4--
insert--
`129A Amendment of s 50 (Commission may prosecute official
misconduct)
`Section 50(4), definition prescribed person, `a charge is
laid'--
omit, insert--
`the start of a disciplinary proceeding for the official
misconduct'.'.
8 After clause 149
Page 114, lines 15 to 26 and page 115, lines 1 to 15--
omit.
9 After clause 158
Page 117, after line 6--
insert--
`Part 10A Amendment of Land Tax Act
1915
`158A Act amended
`This part amends the Land Tax Act 1915.
`158B Amendment of pt 5 hdg (Grounds of objection or appeal)
`Part 5, heading, `or appeal'--
omit, insert--
`, appeal or review'.
Page 4
State Penalties Enforcement and Other Legislation Amendment Bill 2009
`158C Amendment of s 28 (Restriction on grounds of appeal)
`(1) Section 28, heading, after `appeal'--
insert--
`or review'.
`(2) Section 28--
insert--
`(2) Despite the Administration Act, section 71(2), an application
for review of the commissioner's decision on an objection to
an assessment may not be made on the grounds mentioned in
subsection (1).'.'.
© State of Queensland 2009
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