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Queensland
Justice and Other Legislation
Amendment Bill 2008
Queensland
Justice and Other Legislation Amendment
Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Anti-Discrimination Act 1991
3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Insertion of new s 266A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
266A Protection and immunity. . . . . . . . . . . . . . . . . . . . . . . 10
Part 3 Amendment of Childrens Court Act 1992
5 Act amended in pt 3 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Insertion of new s 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
14A Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Insertion of new pt 7 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Insertion of new s 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
33 Transitional provision for Justice and Other
Legislation Amendment Act 2008, pt 3. . . . . . . . . . . . 12
Part 4 Amendment of Children Services Tribunal Act 2000
9 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Amendment of s 41 (Tribunal's powers to dismiss review
application) ..................................... 13
11 Amendment of s 141 (Certain information not to be published) . . 13
Part 5 Amendment of Civil Liability Act 2003
12 Act amended in pt 5 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Replacement of ch 2, pt 3, div 2 hdg (Volunteers) . . . . . . . . . . . . 14
Division 2 Food donors and volunteers
Subdivision 1 Interpretation'.
14 Amendment of s 38 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . 14
Justice and Other Legislation Amendment Bill 2008
Contents
15 Insertion of new ch 2, pt 3, div 2, sdiv 2 and sdiv 3 hdg. . . . . . . . 14
Subdivision 2 Food donors
38A Protection of food donors . . . . . . . . . . . . . . . . . . . . . . 14
38B Liability not excluded if insurance required. . . . . . . . . 15
38C Liability not excluded for motor accidents. . . . . . . . . . 15
Subdivision 3 Volunteers'.
16 Amendment of s 39 (Protection of volunteers) . . . . . . . . . . . . . . . 16
17 Insertion of new ch 5 pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
84 Persons donating food . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 6 Amendment of Classification of Films Act 1991
18 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 16
20 Amendment of s 56 (Approval of organisation) . . . . . . . . . . . . . . 17
21 Amendment of s 57 (Application for exemption). . . . . . . . . . . . . . 17
22 Amendment of s 58 (Exemption) . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part 7 Amendment of Crime and Misconduct Act 2001
23 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
24 Amendment of s 225 (Qualifications for appointment as a part-
time commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 8 Amendment of Criminal Code
25 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Amendment of s 559 (Change of place of trial) . . . . . . . . . . . . . . 19
27 Amendment of s 590AA (Pre-trial directions and rulings) . . . . . . 19
28 Replacement of s 593A (Enlargement of notices to witnesses on
adjournment of trial) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
593A Warrant to bring witness before court. . . . . . . . . . . . . 19
29 Amendment of s 597A (Separate trials where 2 or more charges
against the same person). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
30 Insertion of new ch 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Chapter 84 Transitional provision for Justice and Other
Legislation Amendment Act 2008, part 8
721 Notices to witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 9 Amendment of Dispute Resolution Centres Act 1990
31 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
32 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 21
33 Amendment of s 19 (Mediators) . . . . . . . . . . . . . . . . . . . . . . . . . . 21
34 Replacement of s 20 (Staff) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
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Justice and Other Legislation Amendment Bill 2008
Contents
20 Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
35 Replacement of s 41 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . 22
41 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . 22
42 Transitional provision for Justice and Other
Legislation Amendment Act 2008, pt 9. . . . . . . . . . . . 22
Part 10 Amendment of District Court of Queensland Act 1967
36 Act amended in pt 10 and schedule . . . . . . . . . . . . . . . . . . . . . . . 23
37 Amendment of s 12 (Leave of absence). . . . . . . . . . . . . . . . . . . . 23
38 Amendment of s 17 (Acting judge) . . . . . . . . . . . . . . . . . . . . . . . . 23
39 Amendment of s 29 (When action may be removed) . . . . . . . . . . 24
40 Amendment of s 36 (Registrar, deputy registrars and other
officers) ........................................ 24
41 Insertion of new s 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
36A Other registrars and officers. . . . . . . . . . . . . . . . . . . . 24
42 Amendment of s 40 (When a clerk of the court is registrar, the
clerk's successor or deputy shall be registrar) . . . . . . . . . . . . . . . 24
43 Amendment of s 41 (Appointment of bailiffs and bailiffs'
assistants) ..................................... 25
44 Amendment of s 63 (Change of venue) . . . . . . . . . . . . . . . . . . . . 25
45 Insertion of new ss 143 and 144 . . . . . . . . . . . . . . . . . . . . . . . . . 25
143 Transitional provision for Justice and Other
Legislation Amendment Act 2008, pt 10--notice to
witness ................................. 25
144 Transitional provision for Justice and Other
Legislation Amendment Act 2008, pt 10--principal
registrar ................................ 26
Part 11 Amendment of Domestic and Family Violence Protection
Act 1989
46 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
47 Amendment of s 22 (Protection order must include standard
condition to be of good behaviour etc.) . . . . . . . . . . . . . . . . . . . . 26
Part 12 Amendment of Evidence Act 1977
48 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
49 Amendment of s 79 (Convictions as evidence in civil
proceedings) .................................. 27
Part 13 Amendment of Financial Transaction Reports Act 1992
50 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
51 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
52 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 28
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Justice and Other Legislation Amendment Bill 2008
Contents
53 Replacement of ss 6 and 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
6A Further information or documents about matters
reported by reporting entities under AMLCTF Act . . . 29
7 Reports by cash dealers of suspect transactions not
reported under FTR Act or AMLCTF Act . . . . . . . . . . 30
7A Further information about suspect transactions not
reported under FTR Act or AMLCTF Act . . . . . . . . . . 31
54 Amendment of s 8 (Protection of cash dealers etc.) . . . . . . . . . . 32
55 Insertion of new s 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
11 Law relating to legal professional privilege not
affected .............................. 33
Part 14 Amendment of Industrial Relations Act 1999
56 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
57 Amendment of sch 2 (Appointments) . . . . . . . . . . . . . . . . . . . . . . 33
Part 15 Amendment of Judges (Pensions and Long Leave) Act 1957
58 Act amended in pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
59 Amendment of s 15 (Leave of absence of judges) . . . . . . . . . . . . 34
Part 16 Amendment of Justice and Other Legislation Amendment
Act 2007
60 Act amended in pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
61 Omission of s 21 (Amendment of s 20 (Notation of change of
name other than by registration)) . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 17 Amendment of Justices Act 1886
62 Act amended in pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
63 Amendment of s 78 (Power to issue summons to witness) . . . . . 36
64 Amendment of s 83A (Direction hearing) . . . . . . . . . . . . . . . . . . . 36
65 Omission of s 123 (Notice to witness) . . . . . . . . . . . . . . . . . . . . . 36
66 Amendment of s 126 (Transmission of depositions). . . . . . . . . . . 36
67 Amendment of s 129 (Recommittal in case of error) . . . . . . . . . . 36
68 Amendment of s 132 (Examination by justices for an offence
committed in another Magistrates Court district) . . . . . . . . . . . . . 37
69 Amendment of s 133 (Remand to another place) . . . . . . . . . . . . 37
70 Amendment of s 134 (Effect of depositions, undertakings as to
bail and notices to witnesses taken, given or ordered to be given
elsewhere than at place of committal) . . . . . . . . . . . . . . . . . . . . . 37
71 Amendment of s 142 (Proceedings in absence of defendant) . . . 38
72 Amendment of s 142A (Permissible procedure in absence of
defendant in certain cases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
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Justice and Other Legislation Amendment Bill 2008
Contents
73 Amendment of s 150 (Minute of decision to be made and advice
sent by post) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
74 Amendment of s 154 (Copies of record) . . . . . . . . . . . . . . . . . . . 39
75 Insertion of new pt 11 div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 4 Justice and Other Legislation Amendment Act
2008, part 17
275 Notices to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Part 18 Amendment of Justices of the Peace and Commissioners
for Declarations Act 1991
76 Act amended in pt 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
77 Amendment of s 16 (Qualifications of office) . . . . . . . . . . . . . . . . 41
78 Replacement of s 17 (Disqualification from office) . . . . . . . . . . . . 42
17 Disqualification from office . . . . . . . . . . . . . . . . . . . . . 42
79 Amendment of s 40 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 43
Part 19 Amendment of Land Court Act 2000
80 Act amended in pt 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
81 Amendment of s 39 (Leave of absence). . . . . . . . . . . . . . . . . . . . 44
Part 20 Amendment of Magistrates Act 1991
82 Act amended in pt 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
83 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 44
84 Amendment of s 6 (Appointment of acting magistrates) . . . . . . . 45
85 Amendment of s 7 (Acting magistrates who are clerks of the
court) ........................................ 45
86 Amendment of s 12 (Functions of Chief Magistrate) . . . . . . . . . . 46
87 Amendment of s 47 (Terms and conditions of employment) . . . . 46
88 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
47A Terms and conditions of employment--acting
magistrates ............................ 46
89 Insertion of new pt 10 div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 5 Transitional provisions for Justice and Other
Legislation Amendment Act 2008, part 20
62 Directions to acting magistrates . . . . . . . . . . . . . . . . . 47
63 Remuneration of acting magistrates. . . . . . . . . . . . . . 48
Part 21 Amendment of Oaths Act 1867
90 Act amended in pt 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
91 Amendment of s 41 (Who may take affidavits) . . . . . . . . . . . . . . . 49
Part 22 Amendment of Ombudsman Act 2001
92 Act amended in pt 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
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Justice and Other Legislation Amendment Bill 2008
Contents
93 Amendment of s 92 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Part 23 Amendment of Penalties and Sentences Act 1992
94 Act amended in pt 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
95 Amendment of s 12 (Court to consider whether or not to record
conviction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
96 Amendment of s 34 (Court may act under this division whether
or not it records conviction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
97 Amendment of s 36 (What order must state) . . . . . . . . . . . . . . . . 51
Part 24 Amendment of Professional Standards Act 2004
98 Act amended in pt 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
99 Amendment of s 8 (Preparation and approval of schemes) . . . . . 51
100 Amendment of s 9 (Public notice of schemes) . . . . . . . . . . . . . . . 51
101 Amendment of s 12 (Consideration of comments and other
matters) ........................................ 52
102 Amendment of s 13 (Submission of schemes to Minister) . . . . . . 52
103 Amendment of s 14 (Schemes are subject to disallowance) . . . . 52
104 Amendment of s 15 (Commencement of schemes) . . . . . . . . . . . 53
105 Amendment of s 16 (Challenges to schemes) . . . . . . . . . . . . . . . 54
106 Amendment of s 17 (Review of schemes) . . . . . . . . . . . . . . . . . . 54
107 Amendment of s 18 (Amendment and revocation of schemes) . . 55
108 Insertion of new ss 18A and 18B . . . . . . . . . . . . . . . . . . . . . . . . . 55
18A Notice of revocation of scheme . . . . . . . . . . . . . . . . . 55
18B Termination of operation of interstate schemes in this
jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
109 Amendment of s 33 (Duration of scheme) . . . . . . . . . . . . . . . . . . 57
110 Amendment of s 43 (Functions of council) . . . . . . . . . . . . . . . . . . 57
111 Amendment of s 44 (Council's powers) . . . . . . . . . . . . . . . . . . . . 58
112 Insertion of new s 44A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
44A Cooperation with authorities in other jurisdictions . . . 58
113 Amendment of s 60 (Requirement to provide information). . . . . . 58
114 Amendment of s 72 (Review of Act) . . . . . . . . . . . . . . . . . . . . . . . 58
115 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
73 Transitional provision for Justice and Other
Legislation Amendment Act 2008, pt 24. . . . . . . . . . . 59
116 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 59
Part 25 Amendment of Public Trustee Act 1978
117 Act amended in pt 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
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Justice and Other Legislation Amendment Bill 2008
Contents
118 Amendment of s 59 (Compromise of actions by or on behalf of
persons under a legal disability claiming moneys or damages
valid only with sanction of court or public trustee) . . . . . . . . . . . . 60
Part 26 Amendment of Recording of Evidence Act 1962
119 Act amended in pt 26 and schedule . . . . . . . . . . . . . . . . . . . . . . . 61
120 Amendment of s 4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . 61
121 Insertion of new ss 4A and 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
4A When does a legal proceeding take place in a
courtroom ............................. 62
4B Recording may be continuous . . . . . . . . . . . . . . . . . . 62
122 Amendment of s 11 (Person giving evidence need not sign
deposition etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
123 Insertion of new s 11A and 11B . . . . . . . . . . . . . . . . . . . . . . . . . . 63
11A Retention and destruction of records . . . . . . . . . . . . . 63
11B Access to out-of-session recording prohibited . . . . . . 64
124 Amendment of s 13 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 64
125 Insertion of new s 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
16 Transitional provision for Justice and Other
Legislation Amendment Act 2008, pt 26. . . . . . . . . . . 64
Part 27 Amendment of Small Claims Tribunals Act 1973
126 Act amended in pt 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
127 Amendment of s 23A (Examination of person required by order
to pay money). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Part 28 Amendment of Solicitor-General Act 1985
128 Act amended in pt 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
129 Amendment of s 12 (Leave entitlements). . . . . . . . . . . . . . . . . . . 65
Part 29 Amendment of Supreme Court Act 1995
130 Act amended in pt 29 and schedule . . . . . . . . . . . . . . . . . . . . . . . 66
131 Amendment of s 210 (Officer of the Court) . . . . . . . . . . . . . . . . . 66
132 Insertion of new s 210A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
210A Other registrars and officers. . . . . . . . . . . . . . . . . . . . 66
133 Amendment of s 212 (Sheriff) . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
134 Amendment of s 213 (Deputy sheriffs). . . . . . . . . . . . . . . . . . . . . 67
135 Omission of s 214 (District sheriffs) . . . . . . . . . . . . . . . . . . . . . . . 67
136 Replacement of s 232 (Governor may appoint high bailiffs or
bailiffs when necessary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
232 Appointment of bailiffs . . . . . . . . . . . . . . . . . . . . . . . . 67
137 Amendment of s 273 (Officers may be appointed) . . . . . . . . . . . . 67
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Justice and Other Legislation Amendment Bill 2008
Contents
138 Insertion of new s 305 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
305 Transitional provision for Justice and Other
Legislation Amendment Act 2008, pt 29. . . . . . . . . . . 68
Part 30 Other minor amendments
139 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Anti-Discrimination Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Associations Incorporation Act 1981 . . . . . . . . . . . . . . . . . . . . . . 69
Bail Act 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Childrens Court Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Civil Liability Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
District Court of Queensland Act 1967. . . . . . . . . . . . . . . . . . . . . 71
Juvenile Justice Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Recording of Evidence Act 1962 . . . . . . . . . . . . . . . . . . . . . . . . . 71
Supreme Court Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Page 8
2008
A Bill
for
An Act to amend the Anti-Discrimination Act 1991,
Associations Incorporation Act 1981, Bail Act 1980, Childrens
Court Act 1992, Children Services Tribunal Act 2000, Civil
Liability Act 2003, Classification of Films Act 1991, Crime and
Misconduct Act 2001, Criminal Code, Dispute Resolution
Centres Act 1990, District Court of Queensland Act 1967,
Domestic and Family Violence Protection Act 1989, Evidence
Act 1977, Financial Transaction Reports Act 1992, Industrial
Relations Act 1999, Judges (Pensions and Long Leave) Act
1957, Justice and Other Legislation Amendment Act 2007,
Justices Act 1886, Justices of the Peace and Commissioners
for Declarations Act 1991, Juvenile Justice Act 1992, Land
Court Act 2000, Magistrates Act 1991, Oaths Act 1867,
Ombudsman Act 2001, Penalties and Sentences Act 1992,
Professional Standards Act 2004, Public Trustee Act 1978,
Recording of Evidence Act 1962, Small Claims Tribunals Act
1973, Solicitor-General Act 1985, Supreme Court Act 1995 for
particular purposes
Justice and Other Legislation Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Justice and Other Legislation 4
Amendment Act 2008. 5
Clause 2 Commencement 6
(1) Part 13 commences on 12 December 2008. 7
(2) Parts 6 and 9 commence on 1 January 2009. 8
Part 2 Amendment of 9
Anti-Discrimination Act 1991 10
Clause 3 Act amended in pt 2 and schedule 11
This part and the schedule amend the Anti-Discrimination Act 12
1991. 13
Clause 4 Insertion of new s 266A 14
After section 266-- 15
insert-- 16
`266A Protection and immunity 17
`(1) In performing the functions or exercising the powers of a 18
member of the tribunal, the member has the same protection 19
and immunity as a Supreme Court judge performing the 20
judge's functions or exercising the judge's powers. 21
Page 10
Justice and Other Legislation Amendment Bill 2008
Part 3 Amendment of Childrens Court Act 1992
[s 5]
`(2) In performing the functions or exercising the powers of the 1
tribunal under section 257A, the registrar has the same 2
protection and immunity as a Supreme Court judge 3
performing the judge's functions or exercising the judge's 4
powers. 5
`(3) A party appearing before the tribunal has the same protection 6
and immunity as a party has in a proceeding in the Supreme 7
Court. 8
`(4) A person appearing as a witness before the tribunal has the 9
same protection and immunity as a witness has in a 10
proceeding in the Supreme Court. 11
`(5) In this section-- 12
party includes a party's lawyer or agent.'. 13
Part 3 Amendment of Childrens Court 14
Act 1992 15
Clause 5 Act amended in pt 3 and schedule 16
This part and the schedule amend the Childrens Court Act 17
1992. 18
Clause 6 Insertion of new s 14A 19
After section 14-- 20
insert-- 21
`14A Term of office 22
`(1) A Childrens Court magistrate holds office for the term, not 23
longer than 5 years, stated in the person's instrument of 24
appointment. 25
`(2) A person appointed as a Childrens Court magistrate may be 26
appointed for one further term of not longer than 5 years. 27
Page 11
Justice and Other Legislation Amendment Bill 2008
Part 4 Amendment of Children Services Tribunal Act 2000
[s 7]
`(3) Subsection (2) does not limit section 15(1). 1
`(4) The ending of the person's term as a Childrens Court 2
magistrate does not affect the person's appointment as a 3
magistrate or powers as a magistrate.'. 4
Clause 7 Insertion of new pt 7 hdg 5
After section 31-- 6
insert-- 7
`Part 7 Transitional provisions'. 8
Clause 8 Insertion of new s 33 9
After section 32-- 10
insert-- 11
`33 Transitional provision for Justice and Other 12
Legislation Amendment Act 2008, pt 3 13
`(1) This section applies if, immediately before the 14
commencement of this section, a person holds office as a 15
Childrens Court magistrate. 16
`(2) The person's term of appointment is taken to end 5 years after 17
the person was first appointed.'. 18
Part 4 Amendment of Children 19
Services Tribunal Act 2000 20
Clause 9 Act amended in pt 4 21
This part amends the Children Services Tribunal Act 2000. 22
Page 12
Justice and Other Legislation Amendment Bill 2008
Part 5 Amendment of Civil Liability Act 2003
[s 10]
Clause 10 Amendment of s 41 (Tribunal's powers to dismiss review 1
application) 2
Section 41(1)(a)-- 3
omit, insert-- 4
`(a) the tribunal considers-- 5
(i) it is frivolous or vexatious; or 6
(ii) no reasonable basis for the application is disclosed; 7
or'. 8
Clause 11 Amendment of s 141 (Certain information not to be 9
published) 10
(1) Section 141(3)-- 11
renumber as section 141(4). 12
(2) Section 141-- 13
insert-- 14
`(3) The tribunal or the president may only consent to the 15
publication as mentioned in subsection (2) if the tribunal or 16
the president is satisfied the publication of the information-- 17
(a) is in the public interest; and 18
(b) does not conflict with the best interests of the child.'. 19
Part 5 Amendment of Civil Liability 20
Act 2003 21
Clause 12 Act amended in pt 5 and schedule 22
This part and the schedule amend the Civil Liability Act 2003. 23
Page 13
Justice and Other Legislation Amendment Bill 2008
Part 5 Amendment of Civil Liability Act 2003
[s 13]
Clause 13 Replacement of ch 2, pt 3, div 2 hdg (Volunteers) 1
Part 3, division 2 heading-- 2
omit, insert-- 3
`Division 2 Food donors and volunteers 4
`Subdivision 1 Interpretation'. 5
Clause 14 Amendment of s 38 (Interpretation) 6
(1) Section 38(1)-- 7
insert-- 8
`food donor see section 38A(1). 9
possession includes control.'. 10
(2) Section 38(1), definition volunteer, `a person'-- 11
omit, insert-- 12
`an individual'. 13
Clause 15 Insertion of new ch 2, pt 3, div 2, sdiv 2 and sdiv 3 hdg 14
After section 38-- 15
insert-- 16
`Subdivision 2 Food donors 17
`38A Protection of food donors 18
`(1) An entity, other than a volunteer, (food donor) does not incur 19
any civil liability in relation to any act or omission done or 20
made by the entity, when donating or distributing food in the 21
circumstances mentioned in subsection (2), giving rise to 22
harm resulting from the consumption of the food. 23
`(2) The circumstances are-- 24
Page 14
Justice and Other Legislation Amendment Bill 2008
Part 5 Amendment of Civil Liability Act 2003
[s 15]
(a) that the entity donated or distributed the food to a 1
community organisation, or donated the food to another 2
entity for distribution to a community organisation-- 3
(i) in good faith for a charitable, benevolent, 4
philanthropic, sporting, recreational, political, 5
educational or cultural purpose; and 6
(ii) with the intention that the consumer of the food 7
would not have to pay for the food; and 8
(b) that the food was safe to consume at the time it left the 9
entity's possession; and 10
(c) if the food was of a nature that required it to be handled 11
in a particular way to remain safe to consume after it left 12
the entity's possession--that the entity informed the 13
community organisation or the other entity of the 14
handling requirements; and 15
(d) if the food only remained safe to consume for a 16
particular period of time after it left the entity's 17
possession--that the entity informed the community 18
organisation or the other entity of the time limit. 19
`38B Liability not excluded if insurance required 20
`This subdivision does not confer protection from liability on 21
a food donor if the liability is a liability that is required under 22
a written law of the State to be insured against. 23
`38C Liability not excluded for motor accidents 24
`The protection from liability conferred on a food donor by 25
this subdivision does not apply if the liability would, apart 26
from this subdivision, be covered by a CTP insurance policy 27
under the Motor Accident Insurance Act 1994, or be 28
recoverable from the Nominal Defendant under that Act. 29
`Subdivision 3 Volunteers'. 30
Page 15
Justice and Other Legislation Amendment Bill 2008
Part 6 Amendment of Classification of Films Act 1991
[s 16]
Clause 16 Amendment of s 39 (Protection of volunteers) 1
Section 39(4)-- 2
omit. 3
Clause 17 Insertion of new ch 5 pt 6 4
After section 83-- 5
insert-- 6
`Part 6 Transitional provision for 7
Justice and Other Legislation 8
Amendment Act 2008, part 5 9
`84 Persons donating food 10
`(1) The reference to personal civil liability in section 39(2), as in 11
force before the commencement of this section, has never had 12
the effect of limiting the protection to individuals. 13
`(2) It is declared that the protection has always been available to 14
persons including individuals and corporations.'. 15
Part 6 Amendment of Classification of 16
Films Act 1991 17
Clause 18 Act amended in pt 6 18
This part amends the Classification of Films Act 1991. 19
Clause 19 Amendment of s 3 (Definitions) 20
Section 3, definition approved organisation, after `the'-- 21
insert-- 22
`director or the'. 23
Page 16
Justice and Other Legislation Amendment Bill 2008
Part 6 Amendment of Classification of Films Act 1991
[s 20]
Clause 20 Amendment of s 56 (Approval of organisation) 1
(1) Section 56(1), (2) and (4), before `films classification 2
officer'-- 3
insert-- 4
`director or the'. 5
(2) Section 56(3)-- 6
omit, insert-- 7
`(3) If the organisation is approved-- 8
(a) if the director has given the approval--notice of the 9
approval must be published in the Commonwealth 10
gazette; or 11
(b) if the films classification officer has given the 12
approval--the approval must be gazetted. 13
`(3A) The approval-- 14
(a) takes effect on the date of publication; and 15
(b) continues in force until it is revoked.'. 16
Clause 21 Amendment of s 57 (Application for exemption) 17
Section 57(d), before `films classification officer'-- 18
insert-- 19
`director or the'. 20
Clause 22 Amendment of s 58 (Exemption) 21
(1) Section 58(1), before `films classification officer'-- 22
insert-- 23
`director or the'. 24
(2) Section 58(2)-- 25
renumber as section 58(3). 26
(3) Section 58-- 27
Page 17
Justice and Other Legislation Amendment Bill 2008
Part 7 Amendment of Crime and Misconduct Act 2001
[s 23]
insert-- 1
`(2) The films classification officer may impose conditions on the 2
exemption. 3
Examples of conditions-- 4
age restrictions 5
advertising restrictions 6
requiring the approved organisation to give detailed consumer 7
information'. 8
Part 7 Amendment of Crime and 9
Misconduct Act 2001 10
Clause 23 Act amended in pt 7 11
This part amends the Crime and Misconduct Act 2001. 12
Clause 24 Amendment of s 225 (Qualifications for appointment as a 13
part-time commissioner) 14
(1) Section 225(a)-- 15
omit, insert-- 16
`(a) is an Australian lawyer who-- 17
(i) has engaged in legal practice for a period of, or 18
periods totalling at least, 5 years; and 19
(ii) has a demonstrated interest in civil liberties; or'. 20
(2) Section 225-- 21
insert-- 22
`(2) In this section-- 23
Australian lawyer see the Legal Profession Act 2007, section 24
5(1).'. 25
Page 18
Justice and Other Legislation Amendment Bill 2008
Part 8 Amendment of Criminal Code
[s 25]
Part 8 Amendment of Criminal Code 1
Clause 25 Act amended in pt 8 2
This part amends the Criminal Code. 3
Clause 26 Amendment of s 559 (Change of place of trial) 4
Section 559(5)-- 5
omit. 6
Clause 27 Amendment of s 590AA (Pre-trial directions and rulings) 7
Section 590AA(2)(k), `and notices to Crown witnesses'-- 8
omit. 9
Clause 28 Replacement of s 593A (Enlargement of notices to 10
witnesses on adjournment of trial) 11
Section 593A-- 12
omit, insert-- 13
`593A Warrant to bring witness before court 14
`(1) This section applies if an indictment has been presented 15
against a person before a court. 16
`(2) If the court is satisfied by evidence on oath that-- 17
(a) a witness has evaded service of a subpoena; or 18
(b) a witness is likely to evade service of a subpoena; 19
the court may make an order for the issue of a warrant to bring 20
the witness before the court at a time and place stated in the 21
warrant.'. 22
Page 19
Justice and Other Legislation Amendment Bill 2008
Part 8 Amendment of Criminal Code
[s 29]
Clause 29 Amendment of s 597A (Separate trials where 2 or more 1
charges against the same person) 2
Section 597A(3), `and as to the enlargement of notices to 3
witnesses'-- 4
omit. 5
Clause 30 Insertion of new ch 84 6
Part 9-- 7
insert-- 8
`Chapter 84 Transitional provision for 9
Justice and Other 10
Legislation Amendment Act 11
2008, part 8 12
`721 Notices to witnesses 13
(1) This section applies if, before the commencement of this 14
section, a witness is given a notice to witness in relation to the 15
trial of a person. 16
(2) Sections 559, 590AA, 593A and 597A, as in force 17
immediately before the commencement of this section, 18
continue to have effect in relation to the notice to witness 19
until-- 20
(a) the trial of the person is concluded; or 21
(b) the court otherwise directs; or 22
(c) 3 years after the commencement of this section; 23
whichever happens first.'. 24
Page 20
Justice and Other Legislation Amendment Bill 2008
Part 9 Amendment of Dispute Resolution Centres Act 1990
[s 31]
Part 9 Amendment of Dispute 1
Resolution Centres Act 1990 2
Clause 31 Act amended in pt 9 3
This part amends the Dispute Resolution Centres Act 1990. 4
Clause 32 Amendment of s 2 (Interpretation) 5
Section 2(1), definition mediator, paragraph (b)-- 6
omit, insert-- 7
`(b) a person appointed under section 19 as a mediator for 8
the centre.'. 9
Clause 33 Amendment of s 19 (Mediators) 10
(1) Section 19, `accredit'-- 11
omit, insert-- 12
`appoint'. 13
(2) Section 19, `and may revoke any such accreditation'-- 14
omit, insert-- 15
`for the term decided by the chief executive'. 16
(3) Section 19-- 17
insert-- 18
`(2) A person is eligible for appointment as a mediator only if the 19
chief executive considers the person has knowledge, 20
experience or skills relevant to the exercise of a mediator's 21
functions. 22
`(3) In making an appointment of a mediator, the chief executive 23
must take into account the desirability of the mediators 24
appointed reflecting the social, gender and cultural diversity 25
of the general community. 26
Page 21
Justice and Other Legislation Amendment Bill 2008
Part 9 Amendment of Dispute Resolution Centres Act 1990
[s 34]
`(4) The chief executive may impose conditions on the 1
appointment of a person as a mediator. 2
`(5) A mediator is to be paid the remuneration and allowances 3
decided by the chief executive. 4
`(6) A mediator is appointed under this Act and not the Public 5
Services Act 2008.'. 6
Clause 34 Replacement of s 20 (Staff) 7
Section 20-- 8
omit, insert-- 9
`20 Staff 10
`The director and staff of a dispute resolution centre (other 11
than a mediator appointed under section 19) are to be 12
employed under the Public Service Act 2008.'. 13
Clause 35 Replacement of s 41 (Regulations) 14
Section 41-- 15
omit, insert-- 16
`41 Regulation-making power 17
`(1) The Governor in Council may make regulations under this 18
Act. 19
`(2) Without limiting subsection (1), a regulation may prescribe 20
the fees payable for commercial services provided by a 21
dispute resolution centre, other than commercial services 22
provided to a member of the public. 23
`42 Transitional provision for Justice and Other 24
Legislation Amendment Act 2008, pt 9 25
`(1) This section applies if, immediately before the 26
commencement, a person was accredited under section 19 as a 27
mediator for a dispute resolution centre. 28
Page 22
Justice and Other Legislation Amendment Bill 2008
Part 10 Amendment of District Court of Queensland Act 1967
[s 36]
`(2) The person continues to be a mediator until the end of 12 1
months after the commencement. 2
`(3) In this section-- 3
commencement means the commencement of this section.'. 4
Part 10 Amendment of District Court of 5
Queensland Act 1967 6
Clause 36 Act amended in pt 10 and schedule 7
This part and the schedule amend the District Court of 8
Queensland Act 1967. 9
Clause 37 Amendment of s 12 (Leave of absence) 10
Section 12-- 11
insert-- 12
`(2) This section does not apply if the Judges (Pensions and Long 13
Leave) Act 1957 applies to the leave.'. 14
Clause 38 Amendment of s 17 (Acting judge) 15
(1) Section 17, `appoint (by commission in Her Majesty's 16
name)'-- 17
omit, insert-- 18
`, by commission, appoint'. 19
(2) Section 17-- 20
insert-- 21
`(2) The Governor in Council may, by commission, appoint any of 22
the following persons to act as a judge for up to 1 year-- 23
Page 23
Justice and Other Legislation Amendment Bill 2008
Part 10 Amendment of District Court of Queensland Act 1967
[s 39]
(a) a person who is, or has been, a judge of a district court 1
or county court of another State; 2
(b) a person who is, or has been, a judge of the Federal 3
Court of Australia.'. 4
Clause 39 Amendment of s 29 (When action may be removed) 5
Section 29(2), `and in respect of the notices to witnesses'-- 6
omit. 7
Clause 40 Amendment of s 36 (Registrar, deputy registrars and 8
other officers) 9
(1) Section 36, heading-- 10
omit, insert-- 11
`36 Principal registrar and associates'. 12
(2) Section 36(1)-- 13
omit, insert-- 14
`(1) The Governor in Council may appoint a principal registrar and 15
the associates the Governor in Council considers 16
appropriate.'. 17
Clause 41 Insertion of new s 36A 18
After section 36-- 19
insert-- 20
`36A Other registrars and officers 21
`The chief executive may appoint, for the court, registrars 22
(other than the principal registrar), deputy registrars and other 23
officers the chief executive considers appropriate.'. 24
Clause 42 Amendment of s 40 (When a clerk of the court is registrar, 25
the clerk's successor or deputy shall be registrar) 26
Section 40(2)-- 27
Page 24
Justice and Other Legislation Amendment Bill 2008
Part 10 Amendment of District Court of Queensland Act 1967
[s 43]
omit, insert-- 1
`(2) However, subsection (1) does not limit the chief executive's 2
power under section 36A.'. 3
Clause 43 Amendment of s 41 (Appointment of bailiffs and bailiffs' 4
assistants) 5
Section 41(1)-- 6
omit, insert-- 7
`(1) The chief executive may appoint 1 or more bailiffs for each 8
district.'. 9
Clause 44 Amendment of s 63 (Change of venue) 10
Section 63(1), `or the notices to witnesses'-- 11
omit. 12
Clause 45 Insertion of new ss 143 and 144 13
Part 12-- 14
insert-- 15
`143 Transitional provision for Justice and Other 16
Legislation Amendment Act 2008, pt 10--notice to 17
witness 18
`(1) This section applies if, before the commencement of this 19
section, a witness is given a notice to witness in relation to a 20
person committed for trial. 21
`(2) Sections 29 and 63, as in force immediately before the 22
commencement of this section, continue to have effect in 23
relation to the notice to witness until-- 24
(a) the proceeding in relation to the accused person is 25
concluded; or 26
(b) the court otherwise directs; or 27
Page 25
Justice and Other Legislation Amendment Bill 2008
Part 11 Amendment of Domestic and Family Violence Protection Act 1989
[s 46]
(c) 3 years after the commencement of this section; 1
whichever happens first. 2
`144 Transitional provision for Justice and Other 3
Legislation Amendment Act 2008, pt 10--principal 4
registrar 5
`(1) This section applies if, immediately before the 6
commencement of this section, a person held appointment as 7
a principal registrar, whether under this Act or under the 8
Public Service Act 2008 for the purposes of this Act. 9
`(2) The person continues to hold appointment as a principal 10
registrar under this Act after the commencement in 11
accordance with the person's instrument of appointment.'. 12
Part 11 Amendment of Domestic and 13
Family Violence Protection Act 14
1989 15
Clause 46 Act amended in pt 11 16
This part amends the Domestic and Family Violence 17
Protection Act 1989. 18
Clause 47 Amendment of s 22 (Protection order must include 19
standard condition to be of good behaviour etc.) 20
Section 22(b)-- 21
omit, insert-- 22
`(b) if a named person is specified in the order--be of good 23
behaviour towards the named person and not commit an 24
act of associated domestic violence against the person.'. 25
Page 26
Justice and Other Legislation Amendment Bill 2008
Part 12 Amendment of Evidence Act 1977
[s 48]
Part 12 Amendment of Evidence Act 1
1977 2
Clause 48 Act amended in pt 12 3
This part amends the Evidence Act 1977. 4
Clause 49 Amendment of s 79 (Convictions as evidence in civil 5
proceedings) 6
Section 79(1)-- 7
insert-- 8
`convicted means a finding of guilt for an offence, on a plea of 9
guilty or otherwise, and whether or not a conviction was 10
recorded.'. 11
Part 13 Amendment of Financial 12
Transaction Reports Act 1992 13
Clause 50 Act amended in pt 13 14
This part amends the Financial Transaction Reports Act 1992. 15
Clause 51 Amendment of long title 16
Long title, from `giving', first mention-- 17
omit, insert-- 18
`giving of further information or documents in 19
relation to matters reported under the Financial 20
Transaction Reports Act 1988 of the Commonwealth 21
or the Anti-Money Laundering and 22
Counter-Terrorism Financing Act 2006 of the 23
Commonwealth and the giving of information in 24
Page 27
Justice and Other Legislation Amendment Bill 2008
Part 13 Amendment of Financial Transaction Reports Act 1992
[s 52]
relation to other suspect matters, and for related 1
purposes'. 2
Clause 52 Amendment of s 4 (Interpretation) 3
(1) Section 4(1), definition Commonwealth Act-- 4
omit. 5
(2) Section 4(1)-- 6
insert-- 7
`AMLCTF Act means the Anti-Money Laundering and 8
Counter-Terrorism Financing Act 2006 (Cwlth). 9
commissioner of the police service means commissioner of 10
the Queensland Police Service. 11
designated authority means-- 12
(a) the commissioner of the police service; or 13
(b) the Crime and Misconduct Commission; or 14
(c) an investigating officer. 15
FTR Act means the Financial Transaction Reports Act 1988 16
(Cwlth). 17
investigating officer, in relation to information communicated 18
to the AUSTRAC CEO, means-- 19
(a) a police officer who is carrying out an investigation 20
arising from, or relating to the matters referred to in, the 21
information; or 22
(b) a person who is an authorised commission officer under 23
the Crime and Misconduct Act 2001 carrying out an 24
investigation arising from, or relating to the matters 25
referred to in, the information. 26
police officer means a police officer of the Queensland Police 27
Service.'. 28
(3) Section 4(2), `Commonwealth Act'-- 29
Page 28
Justice and Other Legislation Amendment Bill 2008
Part 13 Amendment of Financial Transaction Reports Act 1992
[s 53]
omit, insert-- 1
`FTR Act or AMLCTF Act'. 2
Clause 53 Replacement of ss 6 and 7 3
Sections 6 and 7-- 4
omit, insert-- 5
`6 Further information about matters reported by dealers 6
under FTR Act 7
`(1) This section applies if a cash dealer communicates 8
information to the AUSTRAC CEO under section 16(1) or 9
(1A) of the FTR Act. 10
`(2) A designated authority may request the cash dealer to give to 11
the designated authority the further information stated in the 12
request. 13
`(3) The further information must be information that-- 14
(a) may be relevant to the investigation of, or prosecution of 15
a person for, an offence against the law of the State; or 16
(b) may be of assistance in the enforcement of the Criminal 17
Proceeds Confiscation Act 2002. 18
`(4) The cash dealer must comply with the request to the extent 19
that the cash dealer has the further information. 20
Maximum penalty for subsection (4)--400 penalty units or 21
imprisonment for 2 years. 22
`6A Further information or documents about matters 23
reported by reporting entities under AMLCTF Act 24
`(1) This section applies if a reporting entity communicates 25
information to the AUSTRAC CEO under section 41, 43 or 45 26
of the AMLCTF Act. 27
`(2) A designated authority may give a written notice to the 28
reporting entity requesting the reporting entity, within the 29
period and in the way stated in the notice, to-- 30
Page 29
Justice and Other Legislation Amendment Bill 2008
Part 13 Amendment of Financial Transaction Reports Act 1992
[s 53]
(a) give to the designated authority the further information 1
stated in the notice; or 2
(b) produce to the designated authority the documents about 3
the matter to which the communication under section 4
41, 43 or 45 of the AMLCTF Act relates that are stated 5
in the notice. 6
`(3) The further information or documents must be information or 7
documents that-- 8
(a) may be relevant to the investigation of, or prosecution of 9
a person for, an offence against the law of the State; or 10
(b) may be of assistance in the enforcement of the Criminal 11
Proceeds Confiscation Act 2002. 12
`(4) The reporting entity must comply with the request to the 13
extent that the reporting entity has the further information or 14
documents. 15
Maximum penalty for subsection (4)--400 penalty units or 16
imprisonment for 2 years. 17
`7 Reports by cash dealers of suspect transactions not 18
reported under FTR Act or AMLCTF Act 19
`(1) This section applies if-- 20
(a) a cash dealer is a party to a transaction; and 21
(b) the cash dealer has reasonable grounds to suspect that 22
information that the cash dealer has concerning the 23
transaction-- 24
(i) may be relevant to the investigation of, or 25
prosecution of a person for, an offence against the 26
law of the State; or 27
(ii) may be of assistance in the enforcement of the 28
Criminal Proceeds Confiscation Act 2002; and 29
(c) the cash dealer is not required to report the transaction 30
under any of the following provisions, whether or not 31
the cash dealer is required to report the transaction 32
under Division 1 of Part II of the FTR Act-- 33
Page 30
Justice and Other Legislation Amendment Bill 2008
Part 13 Amendment of Financial Transaction Reports Act 1992
[s 53]
(i) Division 2 of Part II of the FTR Act; 1
(ii) if the cash dealer is a reporting entity--Division 2, 2
3 or 4 of Part 3 of the AMLCTF Act. 3
`(2) The cash dealer must, as soon as practicable after forming the 4
suspicion mentioned in subsection (1)(b), prepare a report of 5
the transaction and communicate the information contained in 6
it to the AUSTRAC CEO. 7
Maximum penalty--400 penalty units or imprisonment for 2 8
years. 9
`(3) The report must-- 10
(a) be in the form approved by the AUSTRAC CEO for the 11
purposes of section 16 of the FTR Act; and 12
(b) contain the reportable details of the transaction; and 13
(c) contain a statement of the grounds on which the cash 14
dealer holds the suspicion mentioned in subsection 15
(1)(b); and 16
(d) be signed by the cash dealer. 17
`(4) The communication to the AUSTRAC CEO of the 18
information contained in the report must be made-- 19
(a) by giving the AUSTRAC CEO a copy of the report; or 20
(b) in another way approved by the AUSTRAC CEO. 21
`7A Further information about suspect transactions not 22
reported under FTR Act or AMLCTF Act 23
`(1) This section applies if a cash dealer communicates 24
information to the AUSTRAC CEO under section 7(2). 25
`(2) A designated authority may request the cash dealer to give to 26
the designated authority the further information stated in the 27
request. 28
`(3) The further information must be information that-- 29
(a) may be relevant to the investigation of, or prosecution of 30
a person for, an offence against the law of the State; or 31
Page 31
Justice and Other Legislation Amendment Bill 2008
Part 13 Amendment of Financial Transaction Reports Act 1992
[s 54]
(b) may be of assistance in the enforcement of the Criminal 1
Proceeds Confiscation Act 2002. 2
`(4) The cash dealer must comply with the request to the extent 3
that the cash dealer has the further information. 4
Maximum penalty for subsection (4)--400 penalty units or 5
imprisonment for 2 years.'. 6
Clause 54 Amendment of s 8 (Protection of cash dealers etc.) 7
(1) Section 8, heading-- 8
omit, insert-- 9
`8 Protection of cash dealers, reporting entities, etc.'. 10
(2) Section 8(1), `a cash dealer'-- 11
omit, insert-- 12
`an entity'. 13
(3) Section 8(1), `the cash dealer'-- 14
omit, insert-- 15
`the entity'. 16
(4) Section 8(2)-- 17
omit, insert-- 18
`(2) If an entity, or a person who is an officer, employee or agent 19
of an entity, communicates or gives information or produces 20
documents under a prescribed provision, the entity or person 21
is taken, for the Criminal Proceeds Confiscation Act 2002, 22
sections 250 and 252, not to have been in the possession of the 23
information at any time. 24
Editor's note-- 25
Criminal Proceeds Confiscation Act 2002, section 250 (Money 26
laundering) and 252 (Possession etc. of property suspected of being 27
tainted property) 28
`(3) In this section-- 29
entity means a cash dealer or a reporting entity. 30
Page 32
Justice and Other Legislation Amendment Bill 2008
Part 14 Amendment of Industrial Relations Act 1999
[s 55]
prescribed provision means-- 1
(a) section 6, 6A, 7 or 7A; or 2
(b) section 16 of the FTR Act; or 3
(c) section 41, 43 or 45 of the AMLCTF Act.'. 4
Clause 55 Insertion of new s 11 5
After section 10-- 6
insert-- 7
`11 Law relating to legal professional privilege not 8
affected 9
`To remove any doubt, it is declared that this Act does not 10
affect the law relating to legal professional privilege.'. 11
Part 14 Amendment of Industrial 12
Relations Act 1999 13
Clause 56 Act amended in pt 14 14
This part amends the Industrial Relations Act 1999. 15
Clause 57 Amendment of sch 2 (Appointments) 16
Schedule 2, section 4(3)-- 17
omit, insert-- 18
`(3) In the pensions Act, section 15, a reference to the prescribed 19
authority is taken to be a reference to-- 20
(a) the Governor in Council, if-- 21
(i) the member is the president or the vice president; 22
and 23
Page 33
Justice and Other Legislation Amendment Bill 2008
Part 15 Amendment of Judges (Pensions and Long Leave) Act 1957
[s 58]
(ii) the leave of absence applied for by the member is 1
more than 1 month; or 2
(b) the Minister, if-- 3
(i) the member is the president or the vice president; 4
and 5
(ii) the leave of absence applied for by the member is 1 6
month or less; or 7
(c) the vice president, if the member is a deputy president or 8
a commissioner.'. 9
Part 15 Amendment of Judges 10
(Pensions and Long Leave) Act 11
1957 12
Clause 58 Act amended in pt 15 13
This part amends the Judges (Pensions and Long Leave) Act 14
1957. 15
Clause 59 Amendment of s 15 (Leave of absence of judges) 16
(1) Section 15(8), definition prescribed authority, paragraph 17
(a)-- 18
omit, insert-- 19
`(a) the Governor in Council, if-- 20
(i) the judge is the Chief Justice, the Chief Judge or 21
the Chief Magistrate; and 22
(ii) the leave of absence is more than 1 month; or'. 23
(2) Section 15(8), definition prescribed authority-- 24
insert-- 25
`(d) the Minister, if-- 26
Page 34
Justice and Other Legislation Amendment Bill 2008
Part 16 Amendment of Justice and Other Legislation Amendment Act 2007
[s 60]
(i) the judge is the Chief Justice, the Chief Judge or 1
the Chief Magistrate; and 2
(ii) the leave of absence is 1 month or less.'. 3
Part 16 Amendment of Justice and 4
Other Legislation Amendment 5
Act 2007 6
Clause 60 Act amended in pt 16 7
This part amends the Justice and Other Legislation 8
Amendment Act 2007. 9
Clause 61 Omission of s 21 (Amendment of s 20 (Notation of 10
change of name other than by registration)) 11
Section 21-- 12
omit. 13
Editor's note-- 14
Legislation ultimately amended-- 15
· Justice and Other Legislation Amendment Act 2007 16
· Births, Deaths and Marriages Registration Act 2003. 17
Part 17 Amendment of Justices Act 18
1886 19
Clause 62 Act amended in pt 17 20
This part amends the Justices Act 1886. 21
Page 35
Justice and Other Legislation Amendment Bill 2008
Part 17 Amendment of Justices Act 1886
[s 63]
Clause 63 Amendment of s 78 (Power to issue summons to witness) 1
Section 78(1), `within the justice's jurisdiction'-- 2
omit. 3
Clause 64 Amendment of s 83A (Direction hearing) 4
(1) Section 83A(5)(a)(ii), before `information'-- 5
insert-- 6
`stated'. 7
(2) Section 83A-- 8
insert-- 9
`(5A) In a summary proceeding, a magistrate may give a direction 10
under subsection (5)(a) about prosecution disclosure, despite 11
subsection (5)(aa) and section 41.'. 12
Clause 65 Omission of s 123 (Notice to witness) 13
Section 123-- 14
omit. 15
Clause 66 Amendment of s 126 (Transmission of depositions) 16
Section 126(1), from `statements,' to `witnesses'-- 17
omit, insert-- 18
`statements and undertakings as to bail'. 19
Clause 67 Amendment of s 129 (Recommittal in case of error) 20
Section 129(2)-- 21
omit. 22
Page 36
Justice and Other Legislation Amendment Bill 2008
Part 17 Amendment of Justices Act 1886
[s 68]
Clause 68 Amendment of s 132 (Examination by justices for an 1
offence committed in another Magistrates Court district) 2
Section 132(a), from `and give' to `given'-- 3
omit. 4
Clause 69 Amendment of s 133 (Remand to another place) 5
(1) Section 133(1), from `the justices--'-- 6
omit, insert-- 7
`the justices may adjourn the hearing-- 8
(a) to the place where the offence is alleged to have been 9
committed; or 10
(b) to a place where any of the witnesses to be examined 11
are; or 12
(c) to a place convenient to a place mentioned in paragraph 13
(a) or (b).'. 14
(2) Section 133(1A)-- 15
omit. 16
(3) Section 133(3) and (4), from `statement' to `witness'-- 17
omit, insert-- 18
`statement and undertaking as to bail taken and'. 19
Clause 70 Amendment of s 134 (Effect of depositions, undertakings 20
as to bail and notices to witnesses taken, given or 21
ordered to be given elsewhere than at place of committal) 22
(1) Section 134, heading-- 23
omit, insert-- 24
`134 Effect of depositions and undertakings as to bail taken or 25
given elsewhere than at place of committal'. 26
(2) Section 134(1), from `deposition' to `witness'-- 27
Page 37
Justice and Other Legislation Amendment Bill 2008
Part 17 Amendment of Justices Act 1886
[s 71]
omit, insert-- 1
`deposition and undertaking as to bail'. 2
(3) Section 134(1), `, given or ordered to have been given'-- 3
omit, insert-- 4
`or given'. 5
(4) Section 134(1), from `depositions' to `be given'-- 6
omit, insert-- 7
`depositions and undertakings as to bail as are taken or given'. 8
(5) Section 134(2), `and notice to witness so taken or'-- 9
omit, insert-- 10
`so'. 11
Clause 71 Amendment of s 142 (Proceedings in absence of 12
defendant) 13
Section 142(6), `28 days'-- 14
omit, insert-- 15
`2 months'. 16
Clause 72 Amendment of s 142A (Permissible procedure in absence 17
of defendant in certain cases) 18
Section 142A(11) and (12), `28 days'-- 19
omit, insert-- 20
`2 months'. 21
Clause 73 Amendment of s 150 (Minute of decision to be made and 22
advice sent by post) 23
(1) Section 150(2), `justices'-- 24
omit, insert-- 25
`clerk of the court'. 26
Page 38
Justice and Other Legislation Amendment Bill 2008
Part 17 Amendment of Justices Act 1886
[s 74]
(2) Section 150(5), `28 days'-- 1
omit, insert-- 2
`2 months'. 3
Clause 74 Amendment of s 154 (Copies of record) 4
(1) Section 154(1), from `When' to `upon--'-- 5
omit, insert-- 6
`This section applies if, in any proceeding before justices, the 7
justices-- 8
(a) make an order; or 9
(b) commit the defendant to be tried; or 10
(c) commit the defendant for sentence; or 11
(d) discharge the defendant. 12
`(1A) The clerk of the court must on--'. 13
(2) Section 154(1A)(a), as renumbered, from `who' to `for'-- 14
omit. 15
(3) Section 154(1A), as renumbered, `the depositions taken 16
therein,'-- 17
omit. 18
(4) Section 154-- 19
insert-- 20
`(1B) A person may ask the State Reporting Bureau for a copy of 21
the depositions taken in a proceeding. 22
`(1C) The request must be written and accompanied by the fee 23
prescribed under a regulation made under the Recording of 24
Evidence Act 1962. 25
`(1D) Subject to this section, the State Reporting Bureau must, on 26
receiving the request and fee, give a copy of the deposition to 27
the person.'. 28
(5) Section 154(2)-- 29
Page 39
Justice and Other Legislation Amendment Bill 2008
Part 17 Amendment of Justices Act 1886
[s 75]
insert-- 1
`(c) any part of the record of a proceeding that has been 2
made while the court is closed under a provision of an 3
Act, or an order made under a provision of an Act, 4
requiring the court to be closed; or 5
`(d) any part of the record of a proceeding if-- 6
(i) a court makes an order prohibiting access to, or the 7
disclosure or publication of, the record, or a 8
document or information that is part of the record; 9
or 10
(ii) in relation to a part of the record that is an 11
exhibit-- 12
(A) the clerk of the court considers giving the 13
record, or a part of the record, may risk a 14
person's safety; or 15
(B) the record contains confidential or sensitive 16
information; or 17
Examples of confidential or sensitive information-- 18
· a person's date of birth, financial account 19
number, social security or tax file number 20
· a person's criminal history 21
· medical records, including information about a 22
person's health or drug use 23
· commercially confidential information 24
· a victim impact statement 25
(iii) a provision of an Act, other than a provision 26
mentioned in subsection (3), prohibits the 27
disclosure of the record, or a document or 28
information that is part of the record.'. 29
Clause 75 Insertion of new pt 11 div 4 30
After section 274-- 31
insert-- 32
Page 40
Justice and Other Legislation Amendment Bill 2008
Part 18 Amendment of Justices of the Peace and Commissioners for Declarations Act 1991
[s 76]
`Division 4 Justice and Other Legislation 1
Amendment Act 2008, part 17 2
`275 Notices to witness 3
`(1) This section applies if, before the commencement of this 4
section, a witness is given a notice in the prescribed form 5
mentioned in section 123(1) in relation to the committal of a 6
defendant. 7
`(2) The notice continues to have effect as if it were a summons to 8
the witness issued out of the court that the witness was by the 9
notice required to attend until-- 10
(a) the proceeding in relation to the defendant is concluded; 11
or 12
(b) the court otherwise directs; or 13
(c) 3 years after the commencement of this section; 14
whichever happens first.'. 15
Part 18 Amendment of Justices of the 16
Peace and Commissioners for 17
Declarations Act 1991 18
Clause 76 Act amended in pt 18 19
This part amends the Justices of the Peace and Commissioners 20
for Declarations Act 1991. 21
Clause 77 Amendment of s 16 (Qualifications of office) 22
(1) Section 16(1)-- 23
insert-- 24
`(d) the person is an Australian citizen.'. 25
Page 41
Justice and Other Legislation Amendment Bill 2008
Part 18 Amendment of Justices of the Peace and Commissioners for Declarations Act 1991
[s 78]
(2) Section 16-- 1
insert-- 2
`(3) Subsection (1)(d) does not apply to a person who has 3
continued to hold office as a justice of the peace because of 4
section 41(a).'. 5
Clause 78 Replacement of s 17 (Disqualification from office) 6
Section 17-- 7
omit, insert-- 8
`17 Disqualification from office 9
`(1) A person is not qualified to be appointed to, or to continue in, 10
office under this Act as an appointed justice of the peace or as 11
an appointed commissioner for declarations if the person-- 12
(a) is an insolvent under administration within the meaning 13
of the Corporations Act, section 9; or 14
(b) is or has been convicted of an indictable offence, 15
whether dealt with on indictment or summarily; or 16
(c) is or has been convicted of an offence against this Act; 17
or 18
(d) is or has been convicted of more than 2 relevant 19
offences; or 20
(e) within the last 5 years-- 21
(i) has been convicted of a relevant offence; or 22
(ii) has been convicted of an offence under the Road 23
Use Act, section 79 or 80; or 24
(f) within the last 4 years, has been convicted of more than 25
2 offences under the Road Use Act. 26
`(2) Also, if a person has been convicted of more than 6 offences 27
under the Road Use Act in a 4 year period, the person is not 28
qualified to be appointed to, or to continue in, office under this 29
Act as an appointed justice of the peace or as an appointed 30
Page 42
Justice and Other Legislation Amendment Bill 2008
Part 18 Amendment of Justices of the Peace and Commissioners for Declarations Act 1991
[s 79]
commissioner for declarations for 5 years after the date of the 1
last conviction. 2
`(3) Subsections (1)(f) and (2) do not apply to an offence in 3
relation to regulated parking under the Road Use Act, chapter 4
5, part 6. 5
`(4) For subsections (1)(f) and (2), a person who pays an amount 6
by way of penalty for an offence, without court proceedings 7
being involved, in compliance with a notice fixed to a vehicle 8
or given to the person under the Road Use Act is taken to have 9
been convicted under that Act of the offence on the day the 10
amount is paid. 11
`(5) The Minister may exempt an applicant for appointment as a 12
commissioner for declarations from a disqualification 13
mentioned in subsection (1)(f) or subsection (2) if the 14
Minister considers special circumstances exist. 15
`(7) In this section-- 16
relevant offence means an offence other than-- 17
(a) an offence under the Road Use Act; or 18
(b) an offence mentioned in subsection (1)(b) or (c). 19
Road Use Act means the Transport Operations (Road Use 20
Management) Act 1995.'. 21
Clause 79 Amendment of s 40 (Regulations) 22
(1) Section 40(2)(c)-- 23
omit. 24
(2) Section 40(2)(d)-- 25
renumber as section 40(2)(c). 26
Page 43
Justice and Other Legislation Amendment Bill 2008
Part 19 Amendment of Land Court Act 2000
[s 80]
Part 19 Amendment of Land Court Act 1
2000 2
Clause 80 Act amended in pt 19 3
This part amends the Land Court Act 2000. 4
Clause 81 Amendment of s 39 (Leave of absence) 5
Section 39(2), `the Governor in Council'-- 6
omit, insert-- 7
`-- 8
(a) the Governor in Council, if the leave of absence is more 9
than 1 month; or 10
(b) the Minister, if the leave of absence is 1 month or less.'. 11
Part 20 Amendment of Magistrates Act 12
1991 13
Clause 82 Act amended in pt 20 14
This part amends the Magistrates Act 1991. 15
Clause 83 Amendment of s 3 (Definitions) 16
Section 3-- 17
insert-- 18
`acting magistrate means a person appointed to act as a 19
magistrate under section 6(1). 20
acting period, in relation to an acting magistrate, means each 21
part of the period of the person's appointment as an acting 22
Page 44
Justice and Other Legislation Amendment Bill 2008
Part 20 Amendment of Magistrates Act 1991
[s 84]
magistrate when the person acts as a magistrate as provided 1
under section 6(2A). 2
carry out, in relation to the duties of office of a magistrate, 3
includes being present in court or chambers for the purposes 4
of carrying out the duties of office of a magistrate.'. 5
Clause 84 Amendment of s 6 (Appointment of acting magistrates) 6
(1) Section 6-- 7
insert-- 8
`(1B) Unless the Minister is satisfied there are exceptional 9
circumstances, the Minister may recommend that a clerk of 10
the court be appointed to act as a magistrate only if the person 11
is qualified to be appointed as a magistrate under section 4. 12
`(2A) A person who is appointed to act as a magistrate for a 13
specified period, or a person to whom section 58 applies, acts 14
as a magistrate only when directed by the Chief Magistrate to 15
carry out the duties of office of a magistrate during the 16
person's period of appointment. 17
`(2B) The Chief Magistrate may direct the person to carry out the 18
duties of office of a magistrate on a full-time basis, part-time 19
basis or from time to time as directed by the Chief Magistrate. 20
`(3A) For the Judicial Remuneration Act 2007, section 28, the 21
person holds judicial office only during the acting period.'. 22
(2) Section 6(3)(c)-- 23
omit. 24
Clause 85 Amendment of s 7 (Acting magistrates who are clerks of 25
the court) 26
Section 7(4)-- 27
omit. 28
Page 45
Justice and Other Legislation Amendment Bill 2008
Part 20 Amendment of Magistrates Act 1991
[s 86]
Clause 86 Amendment of s 12 (Functions of Chief Magistrate) 1
(1) Section 12(2)-- 2
insert-- 3
`(e) issuing directions to an acting magistrate about when 4
the person is to carry out the duties of office of a 5
magistrate during the person's period of appointment.'. 6
(2) Section 12-- 7
insert-- 8
`(3A) The Chief Magistrate may delegate the Chief Magistrate's 9
powers under subsection (2)(e) to issue directions to an acting 10
magistrate to the following-- 11
(a) the Deputy Chief Magistrate; 12
(b) another magistrate appointed on a full-time basis.'. 13
Clause 87 Amendment of s 47 (Terms and conditions of 14
employment) 15
Section 47, heading-- 16
omit, insert-- 17
`47 Terms and conditions of employment--full-time and 18
part-time magistrates'. 19
Clause 88 Insertion of new s 47A 20
After section 47-- 21
insert-- 22
`47A Terms and conditions of employment--acting 23
magistrates 24
`(1) An acting magistrate, including an acting magistrate who is a 25
clerk of court, is to be paid-- 26
(a) for the acting period, the appropriate proportion of the 27
salary of a magistrate provided for under the Judicial 28
Remuneration Act 2007; and 29
Page 46
Justice and Other Legislation Amendment Bill 2008
Part 20 Amendment of Magistrates Act 1991
[s 89]
(b) the allowances decided by the Governor in Council. 1
`(2) The entitlement to leave of an acting magistrate for the acting 2
period, including an acting magistrate who is a clerk of court, 3
is the appropriate proportion of the leave to which a 4
magistrate appointed on a full-time basis is entitled. 5
`(3) If an acting magistrate, other than an acting magistrate who is 6
a clerk of court, has a leave entitlement at the end of an acting 7
period, the acting magistrate is to be paid an amount for the 8
entitlement at the end of the acting period. 9
`(4) An acting magistrate holds office on the terms and conditions 10
not provided for by this Act that are decided by the Governor 11
in Council. 12
`(5) Employment as an acting magistrate is not subject to any 13
industrial award or industrial agreement or any decision or 14
rule of an industrial tribunal.'. 15
Clause 89 Insertion of new pt 10 div 5 16
After section 61-- 17
insert-- 18
`Division 5 Transitional provisions for Justice 19
and Other Legislation Amendment 20
Act 2008, part 20 21
`62 Directions to acting magistrates 22
`(1) This section applies if-- 23
(a) a person held an appointment to act as a magistrate at 24
any time before the commencement of this section; and 25
(b) during the appointment, the Chief Magistrate, or another 26
magistrate acting with the Chief Magistrate's authority, 27
issued directions to the person about when the person 28
was to carry out the duties of office of a magistrate 29
during the person's period of appointment. 30
`(2) It is declared that-- 31
Page 47
Justice and Other Legislation Amendment Bill 2008
Part 21 Amendment of Oaths Act 1867
[s 90]
(a) the directions of the Chief Magistrate are, and are taken 1
to have always been, as validly issued as they would be 2
if the amendments made by the Justice and Other 3
Legislation Amendment Act 2008, part 20 had been in 4
force when the directions were issued; and 5
(b) the directions of the other magistrate acting with the 6
Chief Magistrate's authority are, and are taken to have 7
always been, as validly issued as if they had been issued 8
by the Chief Magistrate. 9
`63 Remuneration of acting magistrates 10
`(1) This section applies if a person held an appointment to act as a 11
magistrate at any time before the commencement of this 12
section. 13
`(2) It is declared that-- 14
(a) the person's entitlement to remuneration and allowances 15
is, and always has been, limited to an entitlement to 16
remuneration and allowances for the acting period; and 17
(b) the person's entitlement to remuneration and allowances 18
for the acting period is the appropriate proportion of the 19
remuneration and the allowances that were payable, at 20
the time the person held the appointment, to a magistrate 21
appointed on a full-time basis. 22
`(3) In this section-- 23
entitlement to remuneration and allowances, of a person, 24
includes the person's entitlement to leave.'. 25
Part 21 Amendment of Oaths Act 1867 26
Clause 90 Act amended in pt 21 27
This part amends the Oaths Act 1867. 28
Page 48
Justice and Other Legislation Amendment Bill 2008
Part 22 Amendment of Ombudsman Act 2001
[s 91]
Clause 91 Amendment of s 41 (Who may take affidavits) 1
Section 41(1)-- 2
insert-- 3
`(d) if the affidavit is taken outside Australia--a person 4
authorised to administer an oath under the law of the 5
place in which the affidavit is taken.'. 6
Part 22 Amendment of Ombudsman 7
Act 2001 8
Clause 92 Act amended in pt 22 9
This part amends the Ombudsman Act 2001. 10
Clause 93 Amendment of s 92 (Secrecy) 11
(1) Section 92(1)(a)-- 12
insert-- 13
`(v) if the information does not disclose the identity of 14
a person, or information from which a person's 15
identity could be deduced-- 16
(A) providing information or other help to an 17
agency for the improvement of its 18
administrative practices and procedures; or 19
(B) undertaking research relevant to a function 20
of the ombudsman under this Act; or'. 21
(2) Section 92(2)-- 22
renumber as section 92(3). 23
(3) Section 92-- 24
insert-- 25
Page 49
Justice and Other Legislation Amendment Bill 2008
Part 23 Amendment of Penalties and Sentences Act 1992
[s 94]
`(2) However, an officer of the ombudsman may disclose 1
information obtained in the performance of a function of the 2
ombudsman, including information obtained by way of a 3
complaint, to an agency if-- 4
(a) the ombudsman considers the agency has a proper 5
interest in the information for the performance of the 6
agency's functions; and 7
(b) the disclosure is for the purpose of protecting the health, 8
safety or security of a person or property.'. 9
Part 23 Amendment of Penalties and 10
Sentences Act 1992 11
Clause 94 Act amended in pt 23 12
This part amends the Penalties and Sentences Act 1992. 13
Clause 95 Amendment of s 12 (Court to consider whether or not to 14
record conviction) 15
Section 12-- 16
insert-- 17
`(3A) Despite subsection (3)(b), the conviction may be entered in a 18
record kept by a department, a prosecuting authority or the 19
offender's legal representative if it is necessary for the 20
legitimate performance of the functions of the department, 21
prosecuting authority or legal representative.'. 22
Clause 96 Amendment of s 34 (Court may act under this division 23
whether or not it records conviction) 24
Section 34, `Subject to section 36(3), a'-- 25
Page 50
Justice and Other Legislation Amendment Bill 2008
Part 24 Amendment of Professional Standards Act 2004
[s 97]
omit, insert-- 1
`A'. 2
Clause 97 Amendment of s 36 (What order must state) 3
Section 36(3)-- 4
omit. 5
Part 24 Amendment of Professional 6
Standards Act 2004 7
Clause 98 Act amended in pt 24 8
This part amends the Professional Standards Act 2004. 9
Clause 99 Amendment of s 8 (Preparation and approval of schemes) 10
Section 8-- 11
insert-- 12
`(4) A scheme prepared under this section may indicate an 13
intention to operate as a scheme of this jurisdiction only, or of 14
this jurisdiction and another jurisdiction.'. 15
Clause 100 Amendment of s 9 (Public notice of schemes) 16
Section 9-- 17
insert-- 18
`(3) If the scheme indicates an intention to operate as a scheme of 19
both this jurisdiction and another jurisdiction, the council 20
must also publish a similar notice in the other jurisdiction 21
under the requirements of the corresponding law of that 22
jurisdiction that relate to the approval of a scheme prepared in 23
that jurisdiction.'. 24
Page 51
Justice and Other Legislation Amendment Bill 2008
Part 24 Amendment of Professional Standards Act 2004
[s 101]
Clause 101 Amendment of s 12 (Consideration of comments and 1
other matters) 2
Section 12-- 3
insert-- 4
`(1A) If the scheme indicates an intention to operate as a scheme of 5
both this jurisdiction and another jurisdiction-- 6
(a) the council must also consider any matter that the 7
appropriate council for the other jurisdiction would have 8
to consider under the provisions of the corresponding 9
law of that jurisdiction that relate to the approval of a 10
scheme prepared in that jurisdiction; and 11
(b) the matters to be considered by the council, whether 12
under subsection (1) or paragraph (a), are to be 13
considered in the context of each of the jurisdictions 14
concerned.'. 15
Clause 102 Amendment of s 13 (Submission of schemes to Minister) 16
Section 13-- 17
insert-- 18
`(2) If the scheme indicates an intention to operate as a scheme of 19
both this jurisdiction and another jurisdiction, the council 20
must also-- 21
(a) advise the Minister administering the corresponding law 22
of the other jurisdiction; and 23
(b) give a copy of the scheme, as approved, to that 24
Minister.'. 25
Clause 103 Amendment of s 14 (Schemes are subject to 26
disallowance) 27
(1) Section 14(1)-- 28
omit, insert-- 29
`(1) The Minister must give notice of the council's approval of the 30
scheme or, in the case of an interstate scheme, of the approval 31
Page 52
Justice and Other Legislation Amendment Bill 2008
Part 24 Amendment of Professional Standards Act 2004
[s 104]
of the scheme by the appropriate council for the jurisdiction in 1
which the scheme was prepared.'. 2
(2) Section 14(2), (3) and (4), `gazette'-- 3
omit. 4
(3) Section 14-- 5
insert-- 6
`(5) A reference in this section to an interstate scheme includes a 7
reference to an instrument amending an interstate scheme. 8
Note-- 9
Subsection (5) applies subsections (1) to (4) to instruments that amend 10
an interstate scheme. Those subsections already apply, because of 11
section 18(4), to instruments that amend a scheme that is not an 12
interstate scheme.'. 13
Clause 104 Amendment of s 15 (Commencement of schemes) 14
(1) Section 15(1) and (2), `gazette notice'-- 15
omit, insert-- 16
`notice'. 17
(2) Section 15(1) and (2), `notified in the gazette'-- 18
omit, insert-- 19
`gazetted'. 20
(3) Section 15(3)-- 21
omit, insert-- 22
`(3) This section is subject to-- 23
(a) an order of the Supreme Court under section 16(2); and 24
(b) an order of the Supreme Court of another jurisdiction 25
under the corresponding law of that jurisdiction. 26
`(4) A reference in this section to a scheme includes, for an 27
interstate scheme, a reference to an instrument amending that 28
scheme.'. 29
Page 53
Justice and Other Legislation Amendment Bill 2008
Part 24 Amendment of Professional Standards Act 2004
[s 105]
Clause 105 Amendment of s 16 (Challenges to schemes) 1
(1) Section 16(1)-- 2
omit, insert-- 3
`(1) This section applies to a person who is, or is reasonably likely 4
to be, affected by a scheme, the approval of which has been 5
gazetted under section 14, including a person who is or is 6
reasonably likely to be affected by a scheme that operates as a 7
scheme of another jurisdiction. 8
`(1A) The person may apply to the Supreme Court for an order that 9
the scheme is void because it contravenes this Act.'. 10
(2) Section 16-- 11
insert-- 12
`(4) The court may not make an order that an interstate scheme is 13
void because it contravenes this Act on the ground that the 14
scheme fails to comply with division 2, but may do so on the 15
ground that the scheme fails to comply with the provisions of 16
the corresponding law of the jurisdiction in which it was 17
prepared that relate to the contents of schemes prepared in that 18
jurisdiction. 19
`(5) This section does not prevent a scheme from being challenged 20
or called into question otherwise than under this section. 21
`(6) A reference in this section to a scheme includes, for an 22
interstate scheme, a reference to an instrument amending that 23
scheme.'. 24
Clause 106 Amendment of s 17 (Review of schemes) 25
Section 17(4)-- 26
omit, insert-- 27
`(4) A review of a scheme may, but need not, be conducted to 28
decide-- 29
(a) for a scheme prepared under this Act-- 30
(i) if the scheme should be amended or revoked; or 31
Page 54
Justice and Other Legislation Amendment Bill 2008
Part 24 Amendment of Professional Standards Act 2004
[s 107]
(ii) if a new scheme should be made; or 1
(b) for an interstate scheme--if the operation of the scheme 2
should be terminated in relation to this jurisdiction.'. 3
Clause 107 Amendment of s 18 (Amendment and revocation of 4
schemes) 5
(1) Section 18(1), (2) and (3), `amendment to, or a revocation 6
of,'-- 7
omit, insert-- 8
`instrument amending or revoking'. 9
(2) Section 18(4)-- 10
omit, insert-- 11
`(4) Sections 8 to 16 apply, with necessary changes, to the 12
amendment of a scheme by an instrument under this section. 13
`(5) Sections 8 to 15 (other than section 13(2)) apply, with 14
necessary changes, to the revocation of a scheme by an 15
instrument under this section. 16
`(6) This section does not apply to an interstate scheme. 17
Note-- 18
An instrument that amends a scheme operating in another jurisdiction 19
may be submitted to the Minister administering the corresponding law 20
of that jurisdiction under section 13 with a view to being gazetted under 21
that law. Notice of an instrument made under the corresponding law of 22
another jurisdiction that amends an interstate scheme may be gazetted 23
under section 14. 24
Clause 108 Insertion of new ss 18A and 18B 25
Part 2, division 1, after section 18-- 26
insert-- 27
`18A Notice of revocation of scheme 28
`(1) On gazettal of an instrument revoking a scheme (other than an 29
interstate scheme) that operates as a scheme of another 30
jurisdiction, the Minister must cause notice of that fact to be 31
Page 55
Justice and Other Legislation Amendment Bill 2008
Part 24 Amendment of Professional Standards Act 2004
[s 108]
given to the Minister administering the corresponding law of 1
that jurisdiction. 2
`(2) On receipt of notice that an interstate scheme has been 3
revoked under the corresponding law of the jurisdiction in 4
which it was prepared, the Minister must cause a notice to that 5
effect to be gazetted. 6
Note-- 7
Under section 33(1B), an interstate scheme will cease to have effect in 8
this jurisdiction when it ceases to have effect in the other jurisdiction.'. 9
`18B Termination of operation of interstate schemes in this 10
jurisdiction 11
`(1) The council may, on the application of an occupational 12
association, prepare an instrument terminating, in relation to 13
this jurisdiction, the operation of an interstate scheme that 14
relates to the members of the association. 15
`(2) The Minister may, by signed notice to the council, direct the 16
council to prepare an instrument terminating the operation of 17
an interstate scheme in relation to the jurisdiction. 18
`(3) The council must comply with the direction but may, on its 19
own initiative, at any time while an interstate scheme remains 20
in force, prepare an instrument terminating the operation of 21
the scheme in relation to this jurisdiction. 22
`(4) Sections 9 to 14 (other than section 13(2)) apply, with 23
necessary changes, to the termination of the operation of an 24
interstate scheme under an instrument under this section. 25
`(5) The operation of an interstate scheme in relation to which an 26
instrument under this section is gazetted under section 14 (as 27
applied by subsection (4)) is terminated, in relation to this 28
jurisdiction, as from-- 29
(a) if the instrument states a day for the termination 30
happening after the notice mentioned in section 14 is 31
gazetted--that day; or 32
(b) if no day is stated--2 months after the day the notice is 33
gazetted. 34
Page 56
Justice and Other Legislation Amendment Bill 2008
Part 24 Amendment of Professional Standards Act 2004
[s 109]
`(6) An interstate scheme can not be terminated before the notice 1
is gazetted.'. 2
Clause 109 Amendment of s 33 (Duration of scheme) 3
Section 33(1)-- 4
omit, insert-- 5
`(1) A scheme must state the period, not longer than 5 years, for 6
which it is to remain in force after its commencement. 7
`(1A) Subject to subsection (2), a scheme, other than an interstate 8
scheme, remains in force until-- 9
(a) the period stated under subsection (1) ends; or 10
(b) the scheme is revoked; or 11
(c) the scheme's operation ceases because of the operation 12
of another Act; or 13
(d) the scheme is declared void, either by-- 14
(i) an order of the Supreme Court under section 16; or 15
(ii) an order of the Supreme Court of another 16
jurisdiction under the corresponding law of that 17
jurisdiction; 18
whichever happens first. 19
`(1B) Subject to subsection (2), an interstate scheme remains in 20
force until-- 21
(a) the period stated under subsection (1) ends; or 22
(b) the scheme's operation in relation to this jurisdiction is 23
terminated under section 18B; or 24
(c) the scheme ceases to have effect in the jurisdiction in 25
which it was prepared; 26
whichever happens first. 27
Clause 110 Amendment of s 43 (Functions of council) 28
Section 43(1)(a)(i)(A), after `notice of'-- 29
Page 57
Justice and Other Legislation Amendment Bill 2008
Part 24 Amendment of Professional Standards Act 2004
[s 111]
insert-- 1
`the approval of'. 2
Clause 111 Amendment of s 44 (Council's powers) 3
Section 44(2), after `Act'-- 4
insert-- 5
`or law'. 6
Clause 112 Insertion of new s 44A 7
Part 6, division 1, after section 44-- 8
insert-- 9
`44A Cooperation with authorities in other jurisdictions 10
`In dealing with a scheme that operates, or indicates an 11
intention to operate, as a scheme of both this jurisdiction and 12
another jurisdiction, the council may-- 13
(a) in the performance of its functions under this Act, act in 14
conjunction with the appropriate council for the other 15
jurisdiction; and 16
(b) act in conjunction with the appropriate council for the 17
other jurisdiction in the performance of that council's 18
functions under the corresponding law of that 19
jurisdiction.'. 20
Clause 113 Amendment of s 60 (Requirement to provide information) 21
Section 60(2), `exercise'-- 22
omit, insert-- 23
`perform'. 24
Clause 114 Amendment of s 72 (Review of Act) 25
Section 72(2), `2 years'-- 26
Page 58
Justice and Other Legislation Amendment Bill 2008
Part 24 Amendment of Professional Standards Act 2004
[s 115]
omit, insert-- 1
`5 years'. 2
Clause 115 Insertion of new pt 8 3
After section 72-- 4
insert-- 5
`Part 8 Transitional provisions 6
`73 Transitional provision for Justice and Other 7
Legislation Amendment Act 2008, pt 24 8
`(1) The period for which the council has, before the 9
commencement, decided that a scheme is to remain in force 10
for section 33(1), as in force immediately before the 11
commencement, is taken to be stated in the scheme. 12
`(2) In this section-- 13
commencement means the commencement of this section.'. 14
Clause 116 Amendment of sch 2 (Dictionary) 15
(1) Schedule 2-- 16
insert-- 17
`another jurisdiction means any State or Territory, other than 18
this jurisdiction. 19
appropriate council, in relation to another jurisdiction, means 20
the authority that, under the corresponding law of that 21
jurisdiction, has functions that are substantially the same as 22
the council's functions under this Act. 23
corresponding law means a law of another jurisdiction that 24
corresponds to this Act, and includes a law of another 25
jurisdiction that is declared under a regulation to be a 26
corresponding law of that jurisdiction for this Act. 27
interstate scheme means a scheme-- 28
Page 59
Justice and Other Legislation Amendment Bill 2008
Part 25 Amendment of Public Trustee Act 1978
[s 117]
(a) that has been prepared under the corresponding law of 1
another jurisdiction; and 2
(b) that operates, or indicates an intention to operate, as a 3
scheme of this jurisdiction. 4
this jurisdiction means Queensland.'. 5
(2) Schedule 2, definition damages, paragraph (a), second 6
mention-- 7
renumber as paragraph (c). 8
(3) Schedule 2, definition, scheme, after `association'-- 9
insert-- 10
`and includes an interstate scheme'. 11
Part 25 Amendment of Public Trustee 12
Act 1978 13
Clause 117 Act amended in pt 25 14
This part amends the Public Trustee Act 1978. 15
Clause 118 Amendment of s 59 (Compromise of actions by or on 16
behalf of persons under a legal disability claiming 17
moneys or damages valid only with sanction of court or 18
public trustee) 19
Section 59(2), after `sanction of'-- 20
insert-- 21
`a court or'. 22
Page 60
Justice and Other Legislation Amendment Bill 2008
Part 26 Amendment of Recording of Evidence Act 1962
[s 119]
Part 26 Amendment of Recording of 1
Evidence Act 1962 2
Clause 119 Act amended in pt 26 and schedule 3
This part and the schedule amend the Recording of Evidence 4
Act 1962. 5
Clause 120 Amendment of s 4 (Meaning of terms) 6
(1) Section 4, heading-- 7
omit, insert-- 8
`4 Definitions'. 9
(2) Section 4-- 10
insert-- 11
`courtroom means any room in which a judicial person sits or 12
is likely to sit for the purposes of a legal proceeding. 13
out-of-session recording means a recording of matter that-- 14
(a) takes place in a courtroom that is equipped with 15
recording equipment to be used for the purposes of this 16
Act; and 17
(b) is made by that recording equipment; and 18
(c) is made when no legal proceeding is taking place in the 19
courtroom. 20
recording equipment means a tape recording machine or any 21
mechanical, electronic or other device for recording matter.'. 22
(3) Section 4, definition mechanical means, from `a tape' to 23
`device)'-- 24
omit, insert-- 25
`recording equipment'. 26
(4) Section 4, definition record under this Act, from `, in relation' 27
to `proceeding,'-- 28
Page 61
Justice and Other Legislation Amendment Bill 2008
Part 26 Amendment of Recording of Evidence Act 1962
[s 121]
omit, insert-- 1
`-- 2
(a) in relation to a legal proceeding taking place in a 3
courtroom--'. 4
(5) Section 4, definition record under this Act, after `medium'-- 5
insert-- 6
`; or 7
(b) if no legal proceeding is taking place in a 8
courtroom--means matter recorded in an out-of-session 9
recording'. 10
Clause 121 Insertion of new ss 4A and 4B 11
After section 4-- 12
insert-- 13
`4A When does a legal proceeding take place in a 14
courtroom 15
`A legal proceeding takes place in a courtroom when a judicial 16
person sits for the purposes of a legal proceeding. 17
`4B Recording may be continuous 18
`(1) This section applies if a courtroom is equipped with recording 19
equipment to be used for the purposes of this Act. 20
`(2) Matter in the courtroom may be recorded by that recording 21
equipment whether or not a legal proceeding is taking place in 22
the courtroom.'. 23
Clause 122 Amendment of s 11 (Person giving evidence need not 24
sign deposition etc.) 25
(1) Section 11, heading-- 26
omit, insert-- 27
Page 62
Justice and Other Legislation Amendment Bill 2008
Part 26 Amendment of Recording of Evidence Act 1962
[s 123]
`11 Depositions of witnesses'. 1
(2) Section 11(5) and (8), `subsection (4)'-- 2
omit, insert-- 3
`subsection (2)'. 4
(3) Section 11(6), `a mechanical device'-- 5
omit, insert-- 6
`recording equipment'. 7
(4) Section 11(7), `subsection (6)(a)'-- 8
omit, insert-- 9
`subsection (4)(a)'. 10
(5) Section 11(8), `subsection (6)'-- 11
omit, insert-- 12
`subsection (4)'. 13
(6) Section 11(8), `subsection (5)'-- 14
omit, insert-- 15
`subsection (3)'. 16
(7) Section 11(4) to (9), as amended-- 17
relocate and renumber as section 11A(2) to (7). 18
Clause 123 Insertion of new s 11A and 11B 19
After section 11, as amended-- 20
insert-- 21
`11A Retention and destruction of records 22
`(1) This section does not apply to a record under this Act that is 23
an out-of-session recording. 24
Page 63
Justice and Other Legislation Amendment Bill 2008
Part 26 Amendment of Recording of Evidence Act 1962
[s 124]
`11B Access to out-of-session recording prohibited 1
`(1) A person can not have access to a record under this Act or a 2
transcription of the record if the record is an out-of-session 3
recording. 4
`(2) However, a recorder may access all recordings under this Act, 5
including out-of-session recordings, for the purpose of 6
carrying out the person's functions under this Act. 7
`(3) This section applies despite anything to the contrary in 8
another Act.'. 9
Clause 124 Amendment of s 13 (Regulations) 10
(1) Section 13(2)(c), after `Act'-- 11
insert-- 12
`(other than records that are out-of-session recordings)'. 13
(2) Section 13(2)(e), after `Act'-- 14
insert-- 15
`(other than a record that is an out-of-session recording)'. 16
Clause 125 Insertion of new s 16 17
After section 15-- 18
insert-- 19
`16 Transitional provision for Justice and Other 20
Legislation Amendment Act 2008, pt 26 21
`(1) This section applies if, before the commencement of this 22
section-- 23
(a) a person has applied for a copy of a record under this 24
Act or a transcription of the record; and 25
(b) the person has not been issued with the copy or 26
transcription. 27
`(2) It is declared that section 11B applies, and is taken to have 28
always applied, in relation to the record or transcription.'. 29
Page 64
Justice and Other Legislation Amendment Bill 2008
Part 27 Amendment of Small Claims Tribunals Act 1973
[s 126]
Part 27 Amendment of Small Claims 1
Tribunals Act 1973 2
Clause 126 Act amended in pt 27 3
This part amends the Small Claims Tribunals Act 1973. 4
Clause 127 Amendment of s 23A (Examination of person required by 5
order to pay money) 6
(1) Section 23A(3A)(a), `other than subsection (2)(a),'-- 7
omit. 8
(2) Section 23A(3B)(a), `, other than subsection (2)(a),'-- 9
omit. 10
Part 28 Amendment of 11
Solicitor-General Act 1985 12
Clause 128 Act amended in pt 28 13
This part amends the Solicitor-General Act 1985. 14
Clause 129 Amendment of s 12 (Leave entitlements) 15
Section 12(2)-- 16
omit, insert-- 17
`(2) The Judges (Pensions and Long Leave) Act 1957, section 15, 18
applies to the Solicitor-General as if a reference to a judge 19
included a reference to the Solicitor-General. 20
`(3) However, for the purpose of applying section 15 of that Act 21
for leave of absence of the Solicitor-General, the prescribed 22
authority is-- 23
Page 65
Justice and Other Legislation Amendment Bill 2008
Part 29 Amendment of Supreme Court Act 1995
[s 130]
(a) the Governor in Council, if the leave of absence is more 1
than 1 month; or 2
(b) the Minister, if the leave of absence is 1 month or less.'. 3
Part 29 Amendment of Supreme Court 4
Act 1995 5
Clause 130 Act amended in pt 29 and schedule 6
This part and the schedule amend the Supreme Court Act 7
1995. 8
Clause 131 Amendment of s 210 (Officer of the Court) 9
(1) Section 210, heading-- 10
omit, insert-- 11
`210 Principal registrar and associates'. 12
(2) Section 210(1)-- 13
omit, insert-- 14
`(1) The Governor in Council may appoint a principal registrar and 15
the associates the Governor in Council considers 16
appropriate.'. 17
Clause 132 Insertion of new s 210A 18
After section 210-- 19
insert-- 20
`210A Other registrars and officers 21
`The chief executive may appoint registrars (other than the 22
principal registrar), deputy registrars and other officers the 23
chief executive considers appropriate.'. 24
Page 66
Justice and Other Legislation Amendment Bill 2008
Part 29 Amendment of Supreme Court Act 1995
[s 133]
Clause 133 Amendment of s 212 (Sheriff) 1
Section 212, `Governor in Council'-- 2
omit, insert-- 3
`chief executive'. 4
Clause 134 Amendment of s 213 (Deputy sheriffs) 5
Section 213, `Governor in Council'-- 6
omit, insert-- 7
`chief executive'. 8
Clause 135 Omission of s 214 (District sheriffs) 9
Section 214-- 10
omit. 11
Clause 136 Replacement of s 232 (Governor may appoint high bailiffs 12
or bailiffs when necessary) 13
Section 232-- 14
omit, insert-- 15
`232 Appointment of bailiffs 16
`The chief executive may appoint a fit and proper person to be 17
a high bailiff or bailiff at a town or place as is necessary or 18
expedient.'. 19
Clause 137 Amendment of s 273 (Officers may be appointed) 20
Section 273(1), from `Governor' to `appoint'-- 21
omit, insert-- 22
`chief executive may appoint'. 23
Page 67
Justice and Other Legislation Amendment Bill 2008
Part 30 Other minor amendments
[s 138]
Clause 138 Insertion of new s 305 1
After section 304-- 2
insert-- 3
`305 Transitional provision for Justice and Other 4
Legislation Amendment Act 2008, pt 29 5
`(1) This section applies if, immediately before the 6
commencement of this section, a person held appointment as 7
a principal registrar, whether under this Act or under the 8
Public Service Act 2008 for the purposes of this Act. 9
`(2) The person continues to hold appointment as a principal 10
registrar under this Act after the commencement in 11
accordance with the person's instrument of appointment.'. 12
Part 30 Other minor amendments 13
Clause 139 Acts amended in schedule 14
(1) The schedule amends the Acts it mentions. 15
(2) However, subsection (1) does not apply in relation to a 16
particular Act if another provision of this Act states that the 17
schedule amends the particular Act. 18
Page 68
Justice and Other Legislation Amendment Bill 2008
Schedule
Schedule Minor amendments 1
sections 3, 5, 12, 36, 119, 130 and 139 2
Anti-Discrimination Act 1991 3
1 Section 265-- 4
insert-- 5
`(3) This section is subject to section 266A to the extent it relates 6
to the civil liability of a member of the tribunal or the 7
registrar.'. 8
Associations Incorporation Act 1981 9
1 Section 91(3)(b), `unincorporated'-- 10
omit, insert-- 11
`incorporated'. 12
Bail Act 1980 13
1 Section 6, definition proper officer, paragraph (a), from 14
`any sheriff'-- 15
omit, insert-- 16
`any sheriff or deputy sheriff; or'. 17
Page 69
Justice and Other Legislation Amendment Bill 2008
Schedule
Childrens Court Act 1992 1
1 Sections 5(3)(b) and (c), 14, 15, 16 and 26(3), second 2
mention, `stipendiary'-- 3
omit. 4
2 Sections 8(4), first mention,18(1)(b), 25(1)(b) and 26(3), 5
first mention, (4) and 27(1), `stipendiary'-- 6
omit, insert-- 7
`a'. 8
3 Section 8(4), `stipendiary', second mention-- 9
omit, insert-- 10
`the'. 11
Civil Liability Act 2003 12
1 Sections 40, 41, 42, 43 and 44, `division'-- 13
omit, insert-- 14
`subdivision'. 15
2 Schedule 2-- 16
insert-- 17
`food donor, for chapter 2, part 3, division 2, see section 18
38A(1). 19
possession, for chapter 2, part 3, division 2, see section 20
38(1).'. 21
Page 70
Justice and Other Legislation Amendment Bill 2008
Schedule
District Court of Queensland Act 1967 1
1 Section 3, definition registrar, after `includes'-- 2
insert-- 3
`the principal registrar and'. 4
2 Sections 35D(1) and 36(2) and (3), `Public Service Act 5
1996'-- 6
omit, insert-- 7
`Public Service Act 2008'. 8
Juvenile Justice Act 1992 9
1 Section 313(2)(a), `, deputy sheriff or under sheriff'-- 10
omit, insert-- 11
`or deputy sheriff'. 12
2 Schedule 4, definition proper officer, paragraph (a), `, 13
deputy sheriff or under sheriff'-- 14
omit, insert-- 15
`or deputy sheriff'. 16
Recording of Evidence Act 1962 17
1 Section 5(1)(b), `a mechanical device'-- 18
omit, insert-- 19
`recording equipment'. 20
Page 71
Justice and Other Legislation Amendment Bill 2008
Schedule
2 Section 5(1)(b) and (c), `the mechanical device'-- 1
omit, insert-- 2
`the recording equipment'. 3
3 Section 5(1)(c), `mechanical device,'-- 4
omit, insert-- 5
`recording equipment,'. 6
4 Section 6(3), `Public Service Act 1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
Supreme Court Act 1995 10
1 Sections 210(2) and (3), Public Service Act 1996'-- 11
omit, insert-- 12
`Public Service Act 2008'. 13
© State of Queensland 2008
Page 72
AMENDMENTS TO BILL
Justice and Other Legislation Amendment Bill 2008
Justice and Other Legislation Amendment
Bill 2008
Amendments agreed to during Consideration
1 Clause 14 (Amendment of s 38 (Interpretation))--
At page 14, line 9--
omit, insert--
`food donor--
(a) means an entity that, in good faith for a charitable,
benevolent, philanthropic, sporting, recreational,
political, educational or cultural purpose, donates or
distributes food with the intention that the consumer of
the food will not have to pay for the food; but
(b) does not include--
(i) an entity that directly distributes the food to the
consumer of the food; or
(ii) a volunteer.'.
2 Clause 15 (Insertion of new ch 2, pt 3, div 2, sdiv 2 and
sdiv 3 hdg), proposed section 38A--
At page 14, lines 19 to 24 and page 15, lines 1 to 19--
omit, insert--
`(1) A food donor does not incur any civil liability in relation to
any act or omission done or made by the food donor, when
donating or distributing food in the circumstances mentioned
in subsection (2), giving rise to harm resulting from the
consumption of the food.
`(2) The circumstances are--
(a) that the food was safe to consume at the time it left the
food donor's possession; and
Page 1
Justice and Other Legislation Amendment Bill 2008
(b) if the food was of a nature that required it to be handled
in a particular way to remain safe to consume after it left
the food donor's possession--that the food donor
informed the recipient of the food of the handling
requirements; and
(c) if the food only remained safe to consume for a
particular period of time after it left the food donor's
possession--that the food donor informed the recipient
of the food of the time limit.
`(3) In this section--
recipient, of the food, means the entity directly receiving the
food from the food donor.'.
3 Clause 38 (Amendment of s 17 (Acting judge))--
At page 24, line 1, after `a judge of a'--
insert--
`supreme court,'.
4 Clause 57 (Amendment of sch 2 (Appointments))--
At page 33, line 22--
omit, insert--
`(i) the member is the president, the vice president or a
commissioner holding appointment as
ombudsman;'.
5 Clause 57 (Amendment of sch 2 (Appointments))--
At page 34, line 4--
omit, insert--
`(i) the member is the president, the vice president or a
commissioner holding appointment as
ombudsman;'.
Page 2
Justice and Other Legislation Amendment Bill 2008
6 Clause 73 (Amendment of s 150 (Minute of decision to be
made and advice sent by post))--
At page 38, lines 24 to 26 and page 39, line 1--
omit, insert--
`Section 150(5), `28 days'--'.
© State of Queensland 2008
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