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Queensland
JUSTICE AND
ATTORNEYGENERAL
(MISCELLANEOUS
PROVISIONS) BILL 1994
Queensland
JUSTICE AND ATTORNEYGENERAL
(MISCELLANEOUS PROVISIONS) BILL
1994
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Acts amended in Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 5
AMENDMENTS
CRIMINAL JUSTICE ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
IMPERIAL ACTS APPLICATION ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . 6
JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PUBLIC TRUSTEE ACT 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
SUPREME COURT ACT 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
SUPREME COURT OF QUEENSLAND ACT 1991 . . . . . . . . . . . . . . . . . . 32
1994
A BILL
FOR
An Act to make amendments of various Acts administered in the
Department of Justice and Attorney-General
4
Justice and Attorney-General (Miscellaneous
Provisions)
The Parliament of Queensland enacts-- 1
title 2
Short
This Act may be cited as the Justice and Attorney-General 3
Clause1.
(Miscellaneous Provisions) Act 1994. 4
5
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 6
amended in Schedule 7
Acts
Clause3.(1) The Schedule amends the Acts mentioned in it. 8
(2) Section 5(7) of the Public Trustee Act 1978 is a law to which 9
section 20A of the Acts Interpretation Act 1954 applies. 10
(3) Subsection (2) and this subsection expire immediately after the 11
commencement of the repeal of section 5 of the Public Trustee Act 1978 12
made by this Act. 13
14
5
Justice and Attorney-General (Miscellaneous
Provisions)
CHEDULE 1
ˇS
MENDMENTS 2
A
section 3 3
CRIMINAL JUSTICE ACT 1989 4
´
1. Section 26(7), `referred to in section 7.10'-- 5
omit. 6
2. Section 33(2)(g), after `(d)'-- 7
insert-- 8
`, (e)'. 9
3. Section 81(5)-- 10
omit, insert-- 11
`(5) In this section-- 12
"general manager" has the same meaning as in the Corrective Services 13
Act 1988; 14
"hospital administrator" has the same meaning as in the Mental Health 15
Act 1974; 16
"patient" has the same meaning as in the Mental Health Act 1974; 17
"prisoner" has the same meaning as in the Corrective Services Act 1988.'. 18
4. Section 120(1), `, as the case may require,'-- 19
omit. 20
6
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
5. After section 147-- 1
insert-- 2
`Application of Financial Administration and Audit Act 1977 3
`147A. For the purposes of the Financial Administration and Audit 4
Act 1977, the Commission is taken to be a statutory body within the 5
meaning of that Act.'. 6
VIDENCE ACT 1977 7
´E
1. Section 134A-- 8
insert-- 9
`(4) The principal officer may delegate his or her powers under this 10
section to an officer or employee of the principal officer's agency.'. 11
IMPERIAL ACTS APPLICATION ACT 1984 12
´
1. Section 12-- 13
omit. 14
2. Schedule 3, item about (1677) 29 Charles II c. 7-- 15
omit. 16
JUSTICES ACT 1886 17
´
1. Section 22B-- 18
insert-- 19
`(1A) Despite the appointment under subsection (1)(c) of a particular 20
7
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
place within a district or division as a place for holding a Magistrates 1
Court-- 2
(a) the Magistrates Court may sit at another place in the district or 3
division; and 4
(b) if it sits at another place in the district or division, the place is 5
taken to have also been appointed under subsection (1)(c).'. 6
PUBLIC TRUSTEE ACT 1978 7
´
1. Long title-- 8
omit, insert-- 9
`An Act about the Public Trustee of Queensland'. 10
2. Section 5-- 11
omit. 12
3. Section 6, definitions "Deputy Public Trustee", "estate under 13
administration", "mortgage", "Public Trustee", "registering 14
authority" and "trust"-- 15
omit. 16
4. Section 6-- 17
insert-- 18
` "Corporation" means the corporate sole constituted by the Public Trustee 19
under the name The Public Trustee of Queensland; 20
"estate under administration" means any property held, administered, 21
managed or controlled by the Public Trustee in any capacity (including, 22
for example, as personal representative, trustee, administrator, 23
guardian, committee, manager, liquidator or receiver), and includes-- 24
8
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
(a) an estate under management as defined in section 64; and 1
(b) an estate under administration that is administered jointly with 2
someone else; 3
"mortgage" means a charge on property for securing money or money's 4
worth; 5
"mortgagee" includes a person from time to time deriving title to a 6
mortgage under the original mortgage; 7
"mortgagor" includes a person from time to time deriving title to the 8
equity of redemption under the original mortgagor or entitled to 9
redeem the mortgage, according to the mortgagor's interest in the 10
mortgaged property; 11
"Public Trustee" means-- 12
(a) as an individual--the Public Trustee of Queensland; or 13
(b) in any other case--the Corporation; 14
"registering authority" means the Registrar of Titles or anyone else 15
required or permitted to record interests in property; 16
"trust" includes-- 17
(a) implied and constructive trusts; and 18
(b) cases where the trustee has a beneficial interest in the trust 19
property; and 20
(c) the duties incidental to a personal representative's office; 21
but does not include the duties incidental to a mortgaged interest; 22
"trustee" means a person who administers a trust;'. 23
5. Section 6, definition "Order to Administer", after `Trustee'-- 24
insert-- 25
`, either solely or jointly with someone else'. 26
9
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
6. Section 6, definition "property", `whatsoever'-- 1
omit, insert-- 2
`and wherever situated'. 3
7. Part 2, heading-- 4
omit, insert-- 5
`PART 2--THE PUBLIC TRUSTEE AND PUBLIC 6
TRUST OFFICE'. 7
8. Sections 7 to 11-- 8
omit, insert-- 9
`Public Trustee and Public Trust Office 10
`7.(1) There is a Public Trustee of Queensland and an office called the 11
Public Trust Office. 12
`(2) The Public Trust Office consists of the Public Trustee and the 13
Office's staff. 14
`Corporation sole of Public Trustee 15
`8.(1) The corporation sole constituted by the Public Trustee is continued 16
under the name The Public Trustee of Queensland (the "Corporation"). 17
`(2) The Corporation-- 18
(a) is a body corporate with perpetual succession; and 19
(b) has a seal; and 20
(c) may sue and be sued in its corporate name. 21
`(3) The Corporation represents the State. 22
`(4) Without limiting subsection (3), the Corporation-- 23
(a) has all the State's privileges and immunities; and 24
10
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
(b) is an exempt public authority for the purposes of the Corporations 1
Law. 2
`(5) The Corporation has all the powers of an individual and may, for 3
example-- 4
(a) enter into contracts; and 5
(b) acquire, hold, dispose of, and deal with, property; and 6
(c) appoint agents and attorneys; and 7
(d) engage consultants; and 8
(e) fix charges, and other terms, for services it supplies; and 9
(f) do anything necessary or convenient to be done in the 10
performance of the Public Trustee's functions under this or 11
another Act. 12
`(6) The Corporation also has the powers conferred on it by this or 13
another Act. 14
`(7) The Corporation may exercise its powers inside and outside 15
Queensland. 16
`(8) Without limiting subsection (7), the Corporation may exercise its 17
powers outside Australia. 18
`Provisions about Public Trustee 19
`9.(1) The Public Trustee is to be appointed by the Governor in Council. 20
`(2) The Public Trustee is to be appointed for a term of not longer than 21
5 years. 22
`(3) The Public Trustee is subject to the Minister, but is not subject to any 23
officer or employee of the department. 24
`(4) The Public Trustee is entitled to be paid the remuneration and 25
allowances decided by the Governor in Council. 26
`(5) The Public Trustee ceases to hold office if the Public Trustee-- 27
(a) resigns by signed notice given to the Minister; or 28
11
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
(b) finishes a term and is not reappointed; or 1
(c) is removed from office by the Governor in Council under 2
subsection (6). 3
`(6) The Governor in Council may remove the Public Trustee if the 4
Public Trustee-- 5
(a) is found guilty of an indictable offence or an offence against this 6
Act; or 7
(b) engages in misbehaviour; or 8
(c) becomes incapable of performing the duties of the Public Trustee 9
because of physical or mental incapacity; or 10
(d) is incompetent; or 11
(e) contravenes subsection (7); or 12
(f) without the Minister's leave and without reasonable excuse, is 13
absent for 14 consecutive days or 28 days in a year. 14
`(7) The Public Trustee must give written notice to the Minister of all 15
direct or indirect financial interests that the Public Trustee has or acquires in 16
a business or in an entity carrying on a business. 17
`(8) The Public Trustee holds office on the terms not provided for by this 18
Act as are decided by the Governor in Council. 19
`Acting Public Trustee 20
`10. The Governor in Council may appoint a person to act as Public 21
Trustee during-- 22
(a) a vacancy, or all vacancies, in the office; or 23
(b) a period, or all periods, when the Public Trustee is absent from 24
duty or is, for another reason, unable to perform the functions of 25
the office. 26
12
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
`Staff of Public Trust Office 1
`11.(1) The staff of the Public Trust Office are to be appointed or 2
employed under the Public Service Management and Employment 3
Act 1988. 4
`(2) The Public Trustee has all the functions and powers of the chief 5
executive of a department, so far as the functions and powers relate to the 6
organisation unit consisting of the Public Trust Office's staff, as if-- 7
(a) the unit were a department within the meaning of the Public 8
Service Management and Employment Act 1988; and 9
(b) the Public Trustee were the chief executive of the department. 10
`Delegation by Public Trustee 11
`11A.(1) The Public Trustee may delegate the Public Trustee's powers 12
under this Act to any person. 13
`(2) A power may be subdelegated if the delegation expressly allows the 14
subdelegation of the power. 15
`(3) Without limiting subsections (1) and (2), the following powers may 16
be delegated (and subdelegated)-- 17
(a) making an affidavit or statutory declaration required or permitted 18
to be made by the Public Trustee, signing a document to be filed 19
in a court, verifying an account or personally attending a court 20
instead of the Public Trustee; 21
(b) executing a transfer of property for the Public Trustee; 22
(c) giving or signing a notice, consent, certificate, instrument or other 23
document the Public Trustee is required or permitted to give or 24
sign. 25
`(4) If, when exercising a power under a delegation or subdelegation 26
under this section, the delegatee signs a document, the delegatee may add 27
after the delegatee's signature the following statement or a statement to the 28
following effect-- 29
13
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
`Signed as delegate for the Public Trustee under section 11A of 1
the Public Trustee Act 1978'. 2
`(5) A document purporting to be a document mentioned in 3
subsection (4) is taken to have been properly signed by a delegatee of the 4
Public Trustee under a delegation made under this section unless the 5
contrary is proved. 6
`(6) Subsections (4) and (5) do not limit section 27A of the Acts 7
Interpretation Act 1954. 8
`Public Trustee's seal 9
`11B.(1) The Public Trustee's seal may be kept in as many facsimiles as 10
the Public Trustee considers are necessary for the Public Trust Office's 11
business. 12
`(2) The seal and any facsimile are to be kept in the custody directed by 13
the Public Trustee and may be used only as authorised by the Public 14
Trustee. 15
`Contracts and transactions of Public Trustee not under seal 16
`11C. Section 227 of the Property Law Act 1974 applies to the Public 17
Trustee as if-- 18
(a) the Public Trustee were a body corporate within the meaning of 19
the section; and 20
(b) all necessary changes, and any changes prescribed by regulation, 21
were made to the section. 22
`Evidentiary provisions 23
`11D.(1) Judicial notice must be taken of the appointment and signature 24
of the Public Trustee. 25
`(2) Judicial notice must be taken of the imprint of the Public Trustee's 26
seal appearing on a document and the document must be presumed to have 27
14
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
been properly sealed unless the contrary intention is proved. 1
`(3) In any proceeding, anything done, or omitted to be done, by or 2
purportedly by the Public Trustee, or someone else for or purportedly for 3
the Public Trustee, must be taken to have been properly done, or omitted to 4
be done, in the absence of evidence to the contrary. 5
`Bond or other security not to be required 6
`11E. A bond or other security must not be required from the Public 7
Trustee for appointment to or acting in an office or capacity under this Act.'. 8
9. Sections 13 and 14-- 9
omit. 10
10. Section 15, `prescribed form'-- 11
omit, insert-- 12
`form approved by the Public Trustee'. 13
11. Section 18(1) `Order in Council'-- 14
omit, insert-- 15
`the Treasurer'. 16
12. Section 19(1)(d), `the Governor in Council'-- 17
omit, insert-- 18
`regulation'. 19
15
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
13. Section 20(6), `under the hand and seal of'-- 1
omit, insert-- 2
`signed by'. 3
14. Section 21(2), `Department of the Treasury'-- 4
omit, insert-- 5
`department administered by the Treasurer'. 6
15. Section 21(6)(b)(iv)-- 7
omit. 8
16. Section 21(6)(b)(vii)-- 9
omit, insert-- 10
`(vii) prescribed by regulation.'. 11
17. Section 21(7)-- 12
omit. 13
18. Section 25-- 14
omit, insert-- 15
`Unclaimed Moneys Fund 16
`25.(1) The Public Trustee must continue to keep the account called the 17
Unclaimed Moneys Fund (the "Fund"). 18
`(2) The Minister may direct that the whole or part of amounts that have 19
been credited to the Fund for 20 years or more be paid to the Consolidated 20
Fund. 21
`(3) The Minister may also direct that the whole or part of amounts 22
16
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
credited to the Fund that have not been paid to the Consolidated Fund be 1
invested in the following investments-- 2
(a) investments mentioned in section 21(6)(b)(i); 3
(b) investments that may be prescribed by regulation. 4
`(4) Interest on the investments must be paid to the Consolidated Fund.'. 5
19. After section 27-- 6
insert-- 7
`Joint administration etc. by Public Trustee 8
`27A.(1) The Public Trustee may apply under section 29 or 31(1) for an 9
order to administer an estate, and may be granted the order, jointly with 10
someone else. 11
`(2) The Public Trustee may file an election under section 30 to 12
administer an estate jointly with someone else. 13
`(3) The Court may, with the Public Trustee's agreement, consent under 14
section 31(2) to the appointment of the Public Trustee to administer an 15
estate jointly with someone else. 16
`(4) If the Public Trustee is appointed under section 31(2) to administer 17
an estate and the consent of the Court is unnecessary, the Public Trustee 18
may, when filing in the Court an election to administer, elect to administer 19
the estate jointly with someone else. 20
`(5) The Court may, with the Public Trustee's agreement, appoint the 21
Public Trustee under section 31(3) to administer an estate jointly with 22
someone else. 23
`(6) The Public Trustee may act under section 35 jointly with someone 24
else. 25
`(7) This section does not limit the application of this Act when the 26
Public Trustee acts alone. 27
17
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
`(8) If the Public Trustee jointly administers an estate or otherwise acts 1
with someone else, this Act applies with all necessary changes and any 2
changes prescribed by regulation.'. 3
20. Section 28, `Governor in Council'-- 4
omit, insert-- 5
`Minister'. 6
21. Section 30, `$25 000'-- 7
omit, insert-- 8
`$100 000'. 9
22. Section 30(1), `, in Form 1 of the Second Schedule,'-- 10
omit, insert-- 11
`, in the form approved by the Public Trustee,'. 12
23. Section 30(2), `, in Form 2 of the Second Schedule,'-- 13
omit, insert-- 14
`, in the form approved by the Public Trustee,'. 15
24. Section 31(2), `sole'-- 16
omit. 17
25. Section 31(2), proviso, `$25 000'-- 18
omit, insert-- 19
`$100 000'. 20
18
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
26. Section 31(3), `sole'-- 1
omit. 2
27. Section 31(4)(b), `in Form 3 of the Second Schedule'-- 3
omit, insert-- 4
`, in the form approved by the Public Trustee'. 5
28. Section 31(6), `sole'-- 6
omit. 7
29. Section 33(2), `$30 000'-- 8
omit, insert-- 9
`$120 000'. 10
30. Section 35 , `exceed $10 000'-- 11
omit, insert-- 12
`, apart from the value of any interest in land, exceed $50 000'. 13
31. Section 36(1), proviso-- 14
omit, insert-- 15
`(1A) However, the Public Trustee may only sell, exchange, mortgage or 16
partition a part of the property, or let or lease a part of the property (other 17
than under a periodic tenancy from year to year or for a shorter period or a 18
fixed period of not longer than 1 year), with the Court's leave. 19
`(1B) In subsection (1)-- 20
"acts and things" includes withdrawing an amount from an account of the 21
deceased person with a financial institution.'. 22
19
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
32. Section 36(2)-- 1
omit, insert-- 2
`(2) Despite subsection (1A), the Public Trustee may sell, without the 3
Court's leave, a part of the personal estate if the Public Trustee considers-- 4
(a) that the property is perishable, likely to deteriorate or likely to 5
decrease substantially in value if kept; or 6
(b) that, for another reason, it is in the estate's interest that the Public 7
Trustee immediately dispose of the property.'. 8
33. Section 36(3) , `or by telegram'-- 9
omit. 10
34. Section 36(4), `or the despatching of such telegram'-- 11
omit. 12
35. Section 36(4), `or by telegram'-- 13
omit. 14
36. Section 40(1), `or section 42 of the Public Curator Act 19151974'-- 15
omit. 16
37. Section 40(4)-- 17
omit. 18
38. Section 43(2), `$10 000'-- 19
omit, insert-- 20
`$50 000'. 21
20
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
39. Section 44(1), `fund of'-- 1
omit, insert-- 2
`fund or'. 3
40. Section 45(5)(a)(i), `$20 000'-- 4
omit, insert-- 5
`$50 000'. 6
41. Section 45(5)(a)(ii), `$10 000'-- 7
omit, insert-- 8
`$25 000'. 9
42. Section 48(b), `$30 000'-- 10
omit, insert-- 11
`$50 000'. 12
43. Section 51, `$10 000'-- 13
omit, insert-- 14
`$50 000'. 15
44. Section 54(1), `$5 000'-- 16
omit, insert-- 17
`$20 000'. 18
21
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
45. Section 59, heading, `judge or'-- 1
omit, insert-- 2
`court'. 3
46. Before section 59(1)-- 4
insert-- 5
`59.(1A) In this section-- 6
"court" means a court within whose jurisdiction an amount or damages are 7
claimed by or for a person under a legal disability suing either alone or 8
with others, and includes a Judge or Magistrate of the court; 9
"taxing officer" of a court means an officer of the court whose duties 10
include the taxation or other assessment of costs in the court. 11
47. Section 59(1), from `a judge of the Supreme Court' to `or of'-- 12
omit, insert-- 13
`a court or'. 14
48. Section 59(1), after `unless'-- 15
omit, insert-- 16
`the court otherwise directs'. 17
49. Section 59(2), `the Supreme Court or a judge thereof'-- 18
omit, insert-- 19
`a court'. 20
22
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
50. Section 59(3), from `a judge of' to `or by'-- 1
omit, insert-- 2
`a court'. 3
51. Section 59(4), `the Supreme Court or a judge thereof'-- 4
omit, insert-- 5
`a court'. 6
52. Section 59(6)(a), `, made in Form 4 of the Second Schedule,'-- 7
omit, insert-- 8
`, in the form approved by the Public Trustee,'. 9
53. Section 59(8), `Supreme Court or a judge thereof'-- 10
omit, insert-- 11
`court'. 12
54. Section 59(9)-- 13
omit. 14
55. Section 60(5), `$500'-- 15
omit, insert-- 16
`10 penalty units'. 17
56. Section 60(5), `$100'-- 18
omit, insert-- 19
`2 penalty units'. 20
23
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
57. Section 60(12), after `offence'-- 1
omit, insert-- 2
`Maximum penalty-- 3
(a) on indictment--10 penalty units or imprisonment for 2 years; 4
(b) on summary conviction--5 penalty units or imprisonment for 5
6 months.'. 6
58. Section 61(1), from `(other than' to `Corporate Affairs)'-- 7
omit. 8
59. Section 61(1), `in Form 5 of the Second Schedule'-- 9
omit, insert-- 10
`(in the form approved by the Public Trustee)'. 11
60. Section 61(1), `in Form 6 of the Second Schedule'-- 12
omit, insert-- 13
`(in the form approved by the Public Trustee)'. 14
61. Section 62(1), from `(other than' to `Corporate Affairs)'-- 15
omit. 16
62. Section 69(2), proviso, `in Form 7 of the Second Schedule'-- 17
omit, insert-- 18
`, in the form approved by the Public Trustee,'. 19
24
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
63. Section 70(1), `$10 000'-- 1
omit, insert-- 2
`$25 000'. 3
64. Section 70(1), `in Form 8 of the Second Schedule'-- 4
omit, insert-- 5
`, in the form approved by the Public Trustee'. 6
65. Section 71, `in Form 9 of the Second Schedule'-- 7
omit, insert-- 8
`, in the form approved by the Public Trustee'. 9
66. Section 73(1)(a), `$13 000'-- 10
omit, insert-- 11
`$30 000'. 12
67. Section 73(2), `in Form 10 of the Second Schedule'-- 13
omit, insert-- 14
`in the form approved by the Public Trustee'. 15
68. Section 77, `the Governor in Council by a Proclamation'-- 16
omit, insert-- 17
`a regulation'. 18
25
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
69. Section 80(2)(c), `$30 000'-- 1
omit, insert-- 2
`$60 000'. 3
70. Section 80(3)(d), `$20 000'-- 4
omit, insert-- 5
`$50 000'. 6
71. Section 80(3), proviso, `$50 000'-- 7
omit, insert-- 8
`$100 000'. 9
72. Section 88, `$10 000'-- 10
omit, insert-- 11
`$50 000'. 12
73. Section 90(b)-- 13
omit, insert-- 14
`(b) a person subject to an indefinite sentence within the meaning of 15
Part 10 of the Penalties and Sentences Act 1992; or'. 16
74. Section 92(1), `in Form 11 of the Second Schedule'-- 17
omit, insert-- 18
`, in the form approved by the Public Trustee,'. 19
26
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
75. Section 92(2)(c), after `is'-- 1
omit, insert-- 2
`a person mentioned in section 90(b) who is released on a re-integration 3
program under section 174 of the Penalties and Sentences Act 1992'. 4
76. Section 92(5), `in Form 12 of the Second Schedule,'-- 5
omit, insert-- 6
`, in the form approved by the Public Trustee,'. 7
77. Section 92(6), from `in the case' to `Criminal Code'-- 8
omit, insert-- 9
`for a prisoner mentioned in section 92(2)(c)'. 10
78. Section 93(1)(a), `an order under section 659G of the Criminal 11
Code'-- 12
omit, insert-- 13
`a re-integration program mentioned in section 92(2)(c)'. 14
79. Section 93(1), `in Form 13 of the Second Schedule'-- 15
omit, insert-- 16
`, in the form approved by the Public Trustee,'. 17
80. Section 93(4), `, in Form 14 of the Second Schedule,'-- 18
omit, insert-- 19
`, in the form approved by the Public Trustee,'. 20
27
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
81. Section 96-- 1
omit. 2
82. Section 97(c)-- 3
omit, insert-- 4
`(c) for a prisoner mentioned in section 90(b)--has been released to a 5
re-integration program under section 174 of the Penalties and 6
Sentences Act 1992 and the program has ended or been 7
discharged; or'. 8
83. Section 98, definition "accountable person", paragraph (d)-- 9
omit, insert-- 10
`(d) an entity prescribed by regulation to be an entity to which this 11
Division applies.'. 12
84. Section 100(1), `in Form 15 of the Second Schedule'-- 13
omit, insert-- 14
`, in the form approved by the Public Trustee,'. 15
85. Section 100(3), proviso, `$100'-- 16
omit, insert-- 17
`$200'. 18
86. Section 100(3), proviso, `$200'-- 19
omit, insert-- 20
`$400'. 21
28
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
87. Section 100(4), `penalty of $50'-- 1
omit, insert-- 2
`maximum penalty of 1 penalty unit'. 3
88. Section 101(2), `penalty of $50'-- 4
omit, insert-- 5
`maximum penalty of 1 penalty unit'. 6
89. Section 102(3), `penalty of $50'-- 7
omit, insert-- 8
`maximum penalty of 1 penalty unit'. 9
90. Section 104(2), `$10 000'-- 10
omit, insert-- 11
`$50 000'. 12
91. Section 104(3)(c), `$1 000'-- 13
omit, insert-- 14
`$2 000'. 15
92. Section 114-- 16
omit. 17
93. Part 8, after section 117-- 18
insert-- 19
29
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
`Treasurer to pay claimant 1
`117A.(1) If-- 2
(a) a person (the "claimant") claims to be entitled to receive an 3
amount paid into the Unclaimed Moneys Fund 20 years or more 4
before the claim is made; and 5
(b) the Public Trustee advises the Treasurer that the Public Trustee is 6
satisfied the claimant is entitled to receive the amount claimed; 7
the Treasurer must pay the amount claimed to the claimant out of the 8
Consolidated Fund. 9
`(2) If the amount or part of the amount is later claimed by someone else 10
(the "later claimant")-- 11
(a) the State, the Treasurer and the Public Trustee are not responsible 12
for the payment to the later claimant of the amount claimed by the 13
later claimant; but 14
(b) the later claimant may have recourse against the claimant to 15
whom the amount was paid.'. 16
94. Section 122(5), `$1 000'-- 17
omit, insert-- 18
`20 penalty units'. 19
95. Section 124, `Department of Lands'-- 20
omit, insert-- 21
`department within which the Land Act 1962 is administered'. 22
96. Section 124 `Commissioner for Corporate Affairs,'-- 23
omit. 24
30
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
97. Section 134(2)-- 1
omit. 2
98. Section 134(3), `the judge' (1st mentioned)-- 3
omit, insert-- 4
`a Judge of the Court'. 5
99. Section 138(1), `and sealed with his seal'-- 6
omit. 7
100. Section 138-- 8
insert-- 9
`(4) If the Public Trustee is jointly administering an estate with someone 10
else, the provisions of this section apply equally to matters done jointly with 11
the other person.'. 12
101. Section 139(1)(a)(ii), `by registered mail'-- 13
omit. 14
102. Section 140(1), `penalty of $500'-- 15
omit, insert-- 16
`maximum penalty of 10 penalty units'. 17
103. After section 141-- 18
insert-- 19
31
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
`Public Trustee may approve forms 1
`141A. The Public Trustee may approve forms for use under this Act.'. 2
104. Section 142(1), from `The' to `namely'-- 3
omit, insert-- 4
`142.(1) The Governor in Council may make regulations under this Act. 5
`(1A) A regulation may be made about the following matters--'. 6
105. Section 142(1)(f)-- 7
omit. 8
106. Section 142(3) and (4)-- 9
omit. 10
107. After s 142-- 11
insert-- 12
`PART 10--TRANSITIONAL PROVISIONS 13
`References to Public Curator 14
`143. A reference in an Act, instrument or other document to the Public 15
Curator is taken to be a reference to the Public Trustee.'. 16
108. Schedules-- 17
omit. 18
32
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
SUPREME COURT ACT 1921 1
´
1. Section 2, definition "This Act"-- 2
omit. 3
2. Section 11(1), `Order in Council published in the Gazette'-- 4
omit, insert-- 5
`regulation'. 6
3. Section 11-- 7
insert-- 8
`(4A) Subsection (4) does not apply to an order in council under 9
section 6.'. 10
4. Section 13(b) and (c)-- 11
omit. 12
SUPREME COURT OF QUEENSLAND ACT 1991 13
´
1. Sections 48, 52 and 53-- 14
omit. 15
2. Section 54-- 16
omit, insert-- 17
`Minister and President to kept informed 18
`54. The Minister and President must be given the reports and 19
33
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
information about the administration of the Court of Appeal necessary to 1
keep the Minister and President properly informed.'. 2
3. Section 55-- 3
omit, insert-- 4
`Annual report 5
`55.(1) As soon as practicable after the end of each financial year, but 6
within 3 months after the end of the financial year, a written report about the 7
administration of the Court of Appeal during the year must be prepared and 8
given to the Minister. 9
`(2) The Minister must table a copy of the report in the Legislative 10
Assembly within 14 days after receiving the report. 11
`(3) If, when the Minister would otherwise be required to table a copy of 12
the report in the Legislative Assembly, the Assembly is not in session or 13
not actually sitting, the Minister must give a copy of the report to the Clerk 14
of the Parliament. 15
`(4) The Clerk must cause a copy of the report to be tabled in the 16
Legislative Assembly on its next sitting day. 17
`(5) A report given to the Clerk under subsection (3) is taken, for its 18
publication and printing, to have been tabled in the Legislative Assembly, 19
and to have been ordered to be printed by the Assembly, when it is given to 20
the Clerk.'. 21
4. Sections 93, 95 and 96-- 22
omit. 23
5. Section 98-- 24
omit, insert-- 25
34
Justice and Attorney-General (Miscellaneous
Provisions)
SCHEDULE (continued)
`Annual report 1
`98.(1) As soon as practicable after the end of each financial year, but 2
within 3 months after the end of the financial year, a written report about the 3
operations of the Commission during the year must be prepared and given 4
to the Minister. 5
`(2) The Minister must table a copy of the report in the Legislative 6
Assembly within 14 days after receiving the report. 7
`(3) If, when the Minister would otherwise be required to table a copy of 8
the report in the Legislative Assembly, the Assembly is not in session or 9
not actually sitting, the Minister must give a copy of the report to the Clerk 10
of the Parliament. 11
`(4) The Clerk must cause a copy of the report to be tabled in the 12
Legislative Assembly on its next sitting day. 13
`(5) A report given to the Clerk under subsection (3) is taken, for its 14
publication and printing, to have been tabled in the Legislative Assembly, 15
and to have been ordered to be printed by the Assembly, when it is given to 16
the Clerk.'. 17
18
© State of Queensland 1994
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