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Queensland
JUSTICE AND OTHER
LEGISLATION
(MISCELLANEOUS
PROVISIONS) BILL 1998
Queensland
JUSTICE AND OTHER LEGISLATION
(MISCELLANEOUS PROVISIONS) BILL
1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Amended Acts--schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF BAIL ACT 1980
4 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 10 (General powers as to bail) . . . . . . . . . . . . . . . . . . . . . . 9
6 Insertion of new ss 19B19F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
19B Review of certain bail decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
19C Telephone review by magistrate of decision on bail made
by police officer or justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19D Review by Supreme Court of magistrate's decision on a review . . 11
19E Stay of release on application for review . . . . . . . . . . . . . . . . . . . . . 11
19F Review provisions do not affect other powers . . . . . . . . . . . . . . . . . . 12
PART 3--AMENDMENT OF COOPERATIVES ACT 1997
7 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Amendment of s 14 (Trading cooperatives) . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Amendment of s 15 (Non-trading cooperatives) . . . . . . . . . . . . . . . . . . . . . . 13
10 Amendment of s 16 (Formation meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Amendment of s 17 (Approval of disclosure statement) . . . . . . . . . . . . . . . 13
12 Amendment of s 19 (Application for registration of proposed
cooperative) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Justice and Other Legislation (Miscellaneous
Provisions)
13 Amendment of s 68 (Carrying on business with too few members) . . . . . . 14
14 Amendment of s 72 (Entry fees and regular subscriptions) . . . . . . . . . . . . . 14
15 Amendment of s 76 (Repayment of shares on expulsion) . . . . . . . . . . . . . . 14
16 Amendment of s 133 (Interest on deposits and debentures) . . . . . . . . . . . . . 15
17 Amendment of s 135 (Register of cancelled memberships) . . . . . . . . . . . . 15
18 Amendment of s 143 (Disclosure to members) . . . . . . . . . . . . . . . . . . . . . . . 15
19 Amendment of s 149 (Members may be required to take up
additional shares) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
20 Amendment of s 170 (Purchase and repayment of shares) . . . . . . . . . . . . . 16
21 Insertion of new s 179A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
179A Effect of sale etc. of shares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
22 Insertion of new s 192A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
192A Resolution by circulation of document--fewer than 50 members . . 17
23 Replacement of s 198 (Annual general meetings) . . . . . . . . . . . . . . . . . . . . 18
198 Annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
24 Amendment of s 204 (Minutes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Amendment of s 207 (Qualification of directors) . . . . . . . . . . . . . . . . . . . . . 19
26 Amendment of s 209 (Meeting of the board of directors) . . . . . . . . . . . . . . 19
27 Amendment of s 210 (Transaction of business outside meetings) . . . . . . . . 19
28 Insertion of new pt 9, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 1A--Secretary
213A Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
29 Amendment of s 242 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
30 Insertion of new s 248A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
248A Restriction on use of word "cooperative" or similar words . . . . . . . 21
31 Amendment of s 252 (Limits on deposit taking) . . . . . . . . . . . . . . . . . . . . . . 21
32 Amendment of s 259 (Application of Corporations Law--reissue
of redeemed debentures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
33 Amendment of s 266 (Distribution of surplus or reserves to members) . . . . 22
34 Insertion of new s 304A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
304A New body must give copy of new certificate of
registration or incorporation to registrar . . . . . . . . . . . . . . . . . . . . . . . 22
3
Justice and Other Legislation (Miscellaneous
Provisions)
35 Amendment of s 330 (Adoption of Corporations Law about
insolvent cooperatives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
36 Amendment of s 367 (Registrar to be notified of certain changes) . . . . . . . 22
37 Amendment of s 373 (Requirements before application can be made) . . . 23
PART 4--AMENDMENT OF CRIMES (CONFISCATION) ACT
1989
38 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
39 Amendment of s 13 (Meaning of tainted property) . . . . . . . . . . . . . . . . . . . . 24
40 Amendment of s 40 (Restraining orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
41 Amendment of s 43 (Supreme Court may order that property be
excluded from restraining order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 5--AMENDMENT OF JUDGES (PENSIONS AND LONG
LEAVE) ACT 1957
42 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
43 Amendment of s 2C (Minimum benefit payable) . . . . . . . . . . . . . . . . . . . . . 25
PART 6--AMENDMENT OF JUSTICES ACT 1886
44 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
45 Insertion of new pt 6 div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 10--Charge for issuing certain warrants
178AA Warrant may include charge for its issue . . . . . . . . . . . . . . . . . . . . . 26
PART 7--AMENDMENT OF LAND SALES ACT 1984
46 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
47 Amendment of s 6 ( Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
48 Amendment of s 9 (Identification of land) . . . . . . . . . . . . . . . . . . . . . . . . . . 27
49 Amendment of s 10 (Vendor must tell purchaser about significant
variations between disclosure plan and later plans) . . . . . . . . . . . . . . . . . . . 27
50 Amendment of s 10A (Purchaser must be given registrable
instrument of transfer and other documents) . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 8--AMENDMENT OF PROPERTY LAW ACT 1974
51 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
52 Amendment of s 61 (Conditions of sale of land) . . . . . . . . . . . . . . . . . . . . . 28
PART 9--AMENDMENT OF ROMAN CATHOLIC CHURCH
(INCORPORATION OF CHURCH ENTITIES) ACT 1994
53 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
4
Justice and Other Legislation (Miscellaneous
Provisions)
54 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
55 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
56 Amendment of s 4 (Interpretation and application of Code of
Canon Law) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
57 Amendment of s 8 (Certificate of incorporation) . . . . . . . . . . . . . . . . . . . . . 31
58 Amendment of s 9 (Request to incorporate church entity) . . . . . . . . . . . . . 31
59 Amendment of s 11 (Composition of corporation) . . . . . . . . . . . . . . . . . . . . 32
60 Insertion of new ss 11A and 11B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
11A Vesting of assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
11B Transfer of rights and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
61 Amendment of s 13 (Person acting for corporation) . . . . . . . . . . . . . . . . . . . 33
62 Amendment of s 16 (Request to establish existing church
corporation under this part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
63 Amendment of s 18 (Composition of corporation) . . . . . . . . . . . . . . . . . . . . 33
64 Amendment of s 20 (Person acting for existing church corporation) . . . . . 33
65 Amendment of s 21 (Establishment under this part does not affect
legal personality etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
66 Amendment of s 27 (Restrictions on powers) . . . . . . . . . . . . . . . . . . . . . . . . 34
67 Amendment of s 28 (Persons having dealings with incorporated
church entities etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
68 Amendment of s 33 (Request to dissolve entity) . . . . . . . . . . . . . . . . . . . . . 34
PART 10--AMENDMENT OF VEXATIOUS LITIGANTS ACT
1981
69 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
70 Amendment of s 2 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
71 Amendment of s 3 (Declaration of vexatious litigants upon
application by public official) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
72 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
4A Application to vary or revoke s 3 order . . . . . . . . . . . . . . . . . . . . . . . 36
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 38
MINOR AMENDMENTS
ASSOCIATIONS INCORPORATION ACT 1981 . . . . . . . . . . . . . . . . . . . . . 38
CHILDRENS COURT ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
5
Justice and Other Legislation (Miscellaneous
Provisions)
CRIMINAL INVESTIGATION (EXTRA-TERRITORIAL
OFFENCES) ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
FAIR TRADING ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
HIRE-PURCHASE ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
JURY ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
JUSTICE AND OTHER LEGISLATION (MISCELLANEOUS
PROVISIONS) ACT (NO. 2) 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
LEGAL AID QUEENSLAND ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 43
STIPENDIARY MAGISTRATES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . 43
TRUSTEE COMPANIES ACT 1968 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 45
AMENDMENTS OF CERTAIN ACTS TO BROADEN RANGE OF
PERSONS WHO MAY AUDIT
ASSOCIATIONS INCORPORATION ACT 1981 . . . . . . . . . . . . . . . . . . . . . 45
CHARITABLE FUNDS ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
COLLECTIONS ACT 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
GAMING MACHINE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
SECURITY PROVIDERS ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
TRUST ACCOUNTS ACT 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
TRUSTS ACT 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
1998
A BILL
FOR
An Act to amend various Acts administered by the Attorney-General
and Minister for Justice, and for other purposes
s1 8 s4
Justice and Other Legislation (Miscellaneous
Provisions)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Justice and Other Legislation 4
(Miscellaneous Provisions) Act 1998. 5
6
Commencement
Clause 2.(1) Parts 1, 2, 4 to 7 and 10, and schedules 1 and 2 commence on the 7
day of assent. 8
(2) However, schedule 1, FAIR TRADING ACT 1989, item 3 is taken 9
to have commenced on the assent of the Justice and Other Legislation 10
(Miscellaneous Provisions) Act (No. 2) 1997.1 11
(3) The remaining provisions commence on a day to be fixed by 12
proclamation. 13
Acts--schedules 14
Amended
Clause 3. Schedules 1 and 2 amend the Acts mentioned in them. 15
PART 2--AMENDMENT OF BAIL ACT 1980 16
amended in pt 2 17
Act
Clause 4. This part amends the Bail Act 1980. 18
1 The Justice and Other Legislation (Miscellaneous Provisions) Act (No. 2) 1997 was
assented to on 5 December 1997.
s5 9 s6
Justice and Other Legislation (Miscellaneous
Provisions)
of s 10 (General powers as to bail) 1
Amendment
Clause 5. Section 10(1), after `charge of an offence'-- 2
insert-- 3
`, or in connection with a criminal proceeding,'. 4
of new ss 19B19F 5
Insertion
Clause 6. Part 2, after section 19A-- 6
insert-- 7
of certain bail decisions 8
`Review
`19B.(1) This section does not apply to the following decisions about 9
bail-- 10
(a) a decision by the Supreme Court; 11
(b) a decision under section 10(2);2 12
(c) a decision by a magistrate acting as a reviewing court under this 13
section. 14
`(2) If a decision has been made about bail for a defendant, the defendant 15
or the Crown may apply to the reviewing court for a review of the decision. 16
`(3) The reviewing court is-- 17
(a) for a decision by a police officer or justice--a Magistrates Court 18
constituted by a magistrate; 19
(b) for any other decision--the Supreme Court constituted by a 20
judge. 21
`(4) On the review, the reviewing court may make any decision the 22
reviewing court considers appropriate about bail for the defendant. 23
`(5) The person or court that made the decision under review must give 24
the reviewing court any documents in the person's or court's possession 25
that may be relevant to the review. 26
2 Section 10 (General powers as to bail)
s6 10 s6
Justice and Other Legislation (Miscellaneous
Provisions)
`(6) The reviewing court must decide an application under this section as 1
soon as possible. 2
review by magistrate of decision on bail made by police 3
`Telephone
officer or justice 4
`19C.(1) This section applies if-- 5
(a) a decision is made by a police officer or justice about bail for a 6
defendant; and 7
(b) the defendant wishes to apply for a review of the decision under 8
section 19B; and 9
(c) there appears to be no magistrate in the vicinity immediately 10
available to constitute a Magistrates Court to review the decision. 11
`(2) The defendant may apply in writing to the police officer or justice to 12
contact a magistrate by telephone to have the magistrate review the decision. 13
`(3) On receiving the application, the police officer or justice must inform 14
a magistrate of the application. 15
`(4) The police officer or justice must-- 16
(a) explain to the magistrate the circumstances relevant to the bail 17
decision; and 18
(b) tell the magistrate what the decision was and the reasons for it. 19
`(5) The magistrate must then speak with-- 20
(a) the defendant (or the defendant's lawyer if the defendant wants 21
the magistrate to speak to the lawyer instead); and 22
(b) anyone else the magistrate considers the magistrate should speak 23
with to ensure the magistrate has enough information to decide 24
the application. 25
`(6) If-- 26
(a) the decision under review was made by a justice; and 27
(b) a police officer appeared before the justice; and 28
(c) the police officer wishes to speak to the magistrate for the 29
s6 11 s6
Justice and Other Legislation (Miscellaneous
Provisions)
purposes of the review; 1
the magistrate must then speak with the police officer. 2
`(7) On the review, subject to subsection (9), a magistrate may make any 3
decision the magistrate considers appropriate about bail for the defendant. 4
`(8) The magistrate must inform the police officer or justice who made 5
the decision under review of the decision. 6
`(9) The police officer or justice must grant or refuse bail in accordance 7
with the decision. 8
`(10) This section does not apply to a bail decision made by a police 9
officer on the arrest of a defendant, if the defendant can be brought before a 10
court (other than a Magistrates Court constituted by justices) not later than 11
4 p.m. on the day after the day of arrest. 12
`(11) Nothing in this section compels a person (other than the police 13
officer or justice who decided the application) to speak, or continue 14
speaking, with the magistrate. 15
by Supreme Court of magistrate's decision on a review 16
`Review
`19D.(1) If a decision is made by a magistrate on a review of a bail 17
decision, the defendant or the Crown may apply to the Supreme Court as 18
constituted by a judge for a review of the magistrate's decision. 19
`(2) The decision may be reviewed only with the court's leave. 20
`(3) On the review, the court may make any decision the court considers 21
appropriate about bail for the defendant. 22
of release on application for review 23
`Stay
`19E.(1) This section applies if a decision is made, other than by the 24
Supreme Court, to release a person on bail. 25
`(2) If a police officer or a person appearing on behalf of the Crown 26
immediately indicates to the person or court making the decision that an 27
s7 12 s8
Justice and Other Legislation (Miscellaneous
Provisions)
application for review of the decision will be made under section 19B,3 the 1
release must be deferred. 2
`(3) The deferral ends on whichever of the following events happens 3
first-- 4
(a) the review is completed; 5
(b) a police officer, or a person appearing on behalf of the Crown, 6
gives the person or court that made the decision a written notice 7
that the Crown does not wish to proceed with the review; 8
(c) the end of 72 hours from when the decision was made. 9
`(4) If a person is released under section (3)(b) or (c), the conditions of 10
bail are those that would have applied had the person's release not been 11
deferred. 12
provisions do not affect other powers 13
`Review
`19F. Sections 19B to 19E do not affect a power of the Supreme Court 14
under section 10, 4 or any other power of a court to grant, enlarge, vary or 15
revoke bail under other provisions of this or any other Act.'. 16
PART 3--AMENDMENT OF COOPERATIVES ACT 17
1997 18
amended in pt 3 19
Act
Clause 7. This part amends the Cooperatives Act 1997. 20
of s 14 (Trading cooperatives) 21
Amendment
Clause 8.(1) Section 14(2)-- 22
3 Section 19B (Review of certain bail decisions)
4 Section 10 (General powers as to bail)
s9 13 s 12
Justice and Other Legislation (Miscellaneous
Provisions)
omit, insert-- 1
`(2) A trading cooperative is a cooperative whose rules allow it to give 2
returns or distributions on surplus of share capital to members.'. 3
(2) Section 14(3)(c), after `5'-- 4
insert-- 5
`(or a lesser number prescribed under a regulation)'. 6
of s 15 (Non-trading cooperatives) 7
Amendment
Clause 9. Section 15(1), `must not give'-- 8
omit, insert-- 9
`is a cooperative whose rules prohibit it from giving'. 10
of s 16 (Formation meeting) 11
Amendment
Clause 10. Section 16(3)(c), after `5'-- 12
`(or a lesser number prescribed under a regulation)'. 13
of s 17 (Approval of disclosure statement) 14
Amendment
Clause 11.(1) Section 17(8)-- 15
renumber as section 17(9). 16
(2) Section 17-- 17
insert-- 18
`(8) The registrar may approve a disclosure statement with or without 19
conditions.'. 20
of s 19 (Application for registration of proposed 21
Amendment
cooperative) 22
Clause 12. Section 19(1)(c)(ii), after `5'-- 23
`(or a lesser number prescribed under a regulation)'. 24
s 13 14 s 15
Justice and Other Legislation (Miscellaneous
Provisions)
of s 68 (Carrying on business with too few members) 1
Amendment
Clause 13. Section 68(3)(b), after `5'-- 2
`(or a lesser number prescribed under a regulation)'. 3
of s 72 (Entry fees and regular subscriptions) 4
Amendment
Clause 14. Section 72-- 5
insert-- 6
`(1A) A member's regular subscription may be based on the business 7
done with the cooperative.'. 8
of s 76 (Repayment of shares on expulsion) 9
Amendment
Clause 15.(1) Section 76(1), from `must'-- 10
omit, insert-- 11
`must, within 1 year after the date of expulsion-- 12
(a) repay to the former member the amount paid up on the shares 13
held by the member at the date of expulsion, less any amount 14
owed by the former member to the cooperative at the date of 15
expulsion under the rules of the cooperative or any contract or 16
otherwise; or 17
(b) apply the amount under subsection (1A) if-- 18
(i) the board considers repayment would adversely affect the 19
financial position of the cooperative; or 20
(ii) the board and the former member so agree. 21
`(1A) The amount under subsection (1)(b) may be applied as follows-- 22
(a) if the cooperative is a deposit-taking cooperative--the cooperative 23
may apply the amount as a deposit by the former member with 24
the cooperative (subject to the requirements of section 1335 as to 25
interest on the deposit); 26
5 Section 133 (Interest on deposits and debentures)
s 16 15 s 18
Justice and Other Legislation (Miscellaneous
Provisions)
(b) the cooperative may allot or issue debentures of the cooperative to 1
the former member in satisfaction of the amount; 2
(c) the cooperative may appropriate the amount as a donation to the 3
cooperative, but only if the former member consents in writing to 4
the donation.'. 5
(2) Section 76(4)-- 6
omit. 7
of s 133 (Interest on deposits and debentures) 8
Amendment
Clause 16. Section 133(1), after `section' (second mention)-- 9
insert-- 10
`76 or'. 11
of s 135 (Register of cancelled memberships) 12
Amendment
Clause 17. Section 135, `in the approved form'-- 13
omit. 14
of s 143 (Disclosure to members) 15
Amendment
Clause 18.(1) Section 143, heading, after `members'-- 16
insert-- 17
`and proposed members'. 18
(2) Section 143(1), from `a member'-- 19
omit, insert-- 20
`a member or proposed member of the cooperative a disclosure 21
statement before shares are issued to the member or proposed member.'. 22
(3) Section 143(2)(b), after `section 242'-- 23
insert-- 24
`(unless the report is the same as the report, a copy of which has already 25
been given to the member or proposed member under this Act)'. 26
s 19 16 s 21
Justice and Other Legislation (Miscellaneous
Provisions)
of s 149 (Members may be required to take up additional 1
Amendment
shares) 2
Clause 19. Section 149-- 3
insert-- 4
`(7) To avoid any doubt, it is declared that this section does not apply to 5
the issue of bonus shares to a member under section 266.6'. 6
of s 170 (Purchase and repayment of shares) 7
Amendment
Clause 20.(1) Section 170(5)-- 8
renumber as section 170(6). 9
(2) Section 170-- 10
insert-- 11
`(5) A cooperative must not purchase shares or repay amounts paid up 12
on shares if-- 13
(a) the cooperative is likely to become insolvent because of the 14
repurchase of the shares or because of the repayment of amounts 15
paid up on the shares; or 16
(b) the cooperative is insolvent.'. 17
of new s 179A 18
Insertion
Clause 21. After section 179-- 19
insert-- 20
of sale etc. of shares 21
`Effect
`179A. A member of a cooperative who has sold or transferred, or 22
disposed of the beneficial interest in, the member's shares, or agreed to do 23
any of those things, is not entitled to vote.'. 24
6 Section 266 (Distribution of surplus or reserves to members)
s 22 17 s 22
Justice and Other Legislation (Miscellaneous
Provisions)
of new s 192A 1
Insertion
Clause 22. Part 8, division 2, after section 192-- 2
insert-- 3
by circulation of document--fewer than 50 members 4
`Resolution
`192A.(1) This section applies to a resolution by a cooperative that is 5
required or permitted by this Act or the rules of the cooperative to be passed 6
at a general meeting of a cooperative. 7
`(2) If all the members of a cooperative have signed a document 8
containing a statement that they are in favour of a resolution to which this 9
section applies in terms set out in the document, a resolution in those terms 10
is taken to have been passed at a general meeting of the cooperative-- 11
(a) held on the day on which the document was signed at the time at 12
which the document was last signed by a member; or 13
(b) if the members signed the document on different days--on the 14
day on which, and at the time at which, the document was last 15
signed by a member. 16
`(3) The cooperative is taken to have held a general meeting at that time 17
on that day and the document is taken to constitute a minute of that meeting. 18
`(4) This section does not apply in relation to a document unless the 19
document has been signed by each person who was a member of the 20
cooperative at the time the document was last signed. 21
`(5) For subsection (2), 2 or more separate documents containing 22
statements in identical terms each of which is signed by 1 or more 23
members are together to be taken to constitute 1 document containing a 24
statement in those terms signed by those members on the respective days 25
on which they signed the separate documents. 26
`(6) Any document that is attached to a document signed as mentioned in 27
subsection (2) and is signed by the member or members who signed the 28
lastmentioned document is, for this Act, to be taken to have been laid before 29
the cooperative at the general meeting referred to in subsection (2). 30
`(7) Nothing in this section affects or limits any rule of law relating to the 31
effectiveness of the assent of members of a cooperative given to a 32
document, or to any act, matter or thing, otherwise than at a general meeting 33
s 23 18 s 24
Justice and Other Legislation (Miscellaneous
Provisions)
of the cooperative. 1
`(8) In this section-- 2
"cooperative" means a cooperative that has fewer than 50 members. 3
"resolution" includes a resolution appointing an officer or auditor or 4
approving of or agreeing to any act, matter or thing, but does not 5
include a resolution of which special notice is required or that is 6
required to be passed by a majority other than a simple majority.'. 7
of s 198 (Annual general meetings) 8
Replacement
Clause 23. Section 198-- 9
omit, insert-- 10
general meeting 11
`Annual
`198.(1) The first annual general meeting of a cooperative must be held 12
within whichever of the following is the later-- 13
(a) 19 months after the incorporation of the cooperative; 14
(b) 5 months after the close of the financial year of the cooperative; 15
(c) any further time the registrar may allow, or that may be 16
prescribed under a regulation. 17
`(2) The second or any later annual general meeting must be held 18
within-- 19
(a) 5 months after the close of the financial year of the cooperative; or 20
(b) any further time the registrar may allow, or that may be 21
prescribed under a regulation.'. 22
of s 204 (Minutes) 23
Amendment
Clause 24. Section 204(1), after `records'-- 24
insert-- 25
`within 28 days after the meeting'. 26
s 25 19 s 28
Justice and Other Legislation (Miscellaneous
Provisions)
of s 207 (Qualification of directors) 1
Amendment
Clause 25. Section 207(2)-- 2
omit, insert-- 3
`(2) The majority of directors must be member directors.'. 4
of s 209 (Meeting of the board of directors) 5
Amendment
Clause 26. Section 209-- 6
insert-- 7
`(4A) However, the number of member directors must outnumber 8
independent directors by at least 1 or the greater number specified in the 9
rules.'. 10
of s 210 (Transaction of business outside meetings) 11
Amendment
Clause 27. Section 210(6), after `board'-- 12
insert-- 13
`within 28 days after the resolution is approved'. 14
of new pt 9, div 1A 15
Insertion
Clause 28. After section 213-- 16
insert-- 17
1A--Secretary 18
`Division
19
`Secretary
`213A.(1) A cooperative must have at least 1 secretary. 20
`(2) A secretary is to be appointed by the board. 21
`(3) The board may appoint a person to act as a secretary during the 22
absence or incapacity of a secretary. 23
s 29 20 s 29
Justice and Other Legislation (Miscellaneous
Provisions)
`(4) A person is not qualified to be appointed as, or to act as, a secretary 1
unless the person is an adult ordinarily resident in Australia.'. 2
of s 242 (Annual report) 3
Amendment
Clause 29.(1) Section 242, heading-- 4
omit, insert-- 5
`Annual report to be lodged with registrar'. 6
(2) Section 242(1), `send to'-- 7
omit, insert-- 8
`lodge with'. 9
(3) Section 242(1)(a), before `directors'-- 10
insert-- 11
`secretary,'. 12
(4) Section 242(1)(b)-- 13
omit, insert-- 14
`(b) a copy of-- 15
(i) if the cooperative has no subsidiary--the accounts of the 16
cooperative for the financial year then last past; or 17
(ii) if the cooperative has a subsidiary--the accounts and 18
consolidated accounts, for the financial year then last past, 19
that the cooperative is required to prepare under 20
section 232(1)7;'. 21
(5) Section 242(2)(b), from `within'-- 22
omit, insert-- 23
`within 28 days after the following period-- 24
(i) for a first annual report--the later of the periods stated under 25
7 Section 232 (Requirements for accounts and accounting records)
s 30 21 s 32
Justice and Other Legislation (Miscellaneous
Provisions)
section 198(1)(a)8 and (b); or 1
(ii) for the second or any later annual report--the period stated in 2
section 198(2)(a).'. 3
4
of new s 248A 5
Insertion
Clause 30. After section 248-- 6
insert-- 7
on use of word "cooperative" or similar words 8
`Restriction
`248A.(1) A person other than a cooperative must not trade, or carry on 9
business, under a name or title containing the word `cooperative', the 10
abbreviation `co-op' or words importing a similar meaning. 11
Maximum penalty--20 penalty units. 12
`(2) Subsection (1) does not apply to an entity mentioned in 13
section 245(6).9'. 14
of s 252 (Limits on deposit taking) 15
Amendment
Clause 31. Section 252(a), after `deposit'-- 16
insert-- 17
`and the cooperative is authorised by its rules to accept money on 18
deposit'. 19
of s 259 (Application of Corporations Law--reissue of 20
Amendment
redeemed debentures) 21
Clause 32. Section 259, after `members'-- 22
insert-- 23
`or employees'. 24
8 Section 198 (Annual general meeting)
9 Section 245 (Name to include certain matter)
s 33 22 s 36
Justice and Other Legislation (Miscellaneous
Provisions)
of s 266 (Distribution of surplus or reserves to members) 1
Amendment
Clause 33.(1) Section 266(1)(b), after `members'-- 2
insert-- 3
`on the basis of business done with the cooperative or on the basis of the 4
shares held by the member'. 5
(2) Section 266(1)(c), after `dividend'-- 6
insert-- 7
`for shares held by the member'. 8
of new s 304A 9
Insertion
Clause 34. After section 304-- 10
insert-- 11
body must give copy of new certificate of registration or 12
`New
incorporation to registrar 13
`304A. On the transfer of a cooperative under this division, the new body 14
must immediately give the registrar a copy of its new certificate of 15
registration or incorporation. 16
Maximum penalty--10 penalty units.'. 17
of s 330 (Adoption of Corporations Law about insolvent 18
Amendment
cooperatives) 19
Clause 35. Section 330, `(except section 588G)'-- 20
omit. 21
of s 367 (Registrar to be notified of certain changes) 22
Amendment
Clause 36. Section 367-- 23
insert-- 24
`(h) the address of the registered office of a non-participating 25
cooperative registered under this part in the state or country in 26
s 37 23 s 37
Justice and Other Legislation (Miscellaneous
Provisions)
which it is registered, incorporated or formed; or 1
(i) the name under which a non-participating cooperative registered 2
under this part carries on business in the state or country in which 3
it is registered, incorporated or formed;'. 4
of s 373 (Requirements before application can be made) 5
Amendment
Clause 37.(1) Section 373(1)(b), from `a resolution'-- 6
omit, insert-- 7
`(i) a special resolution; or 8
(ii) a resolution of the board of the cooperative.'. 9
(2) Section 373(2)(b), from `must'-- 10
omit, insert-- 11
`(i) for the non-participating cooperative--must have been 12
approved by a resolution of the board of the cooperative; or 13
(ii) for the Queensland cooperative--must have been approved 14
by a special resolution, or by a resolution of the board, of the 15
cooperative.'. 16
(3) Section 373(3), `resolution of the board'-- 17
omit, insert-- 18
`a special resolution, or by a resolution of the board,'. 19
(4) Section 373-- 20
insert-- 21
`(4) A consent mentioned in subsection (3) may be subject to 22
conditions.'. 23
s 38 24 s 40
Justice and Other Legislation (Miscellaneous
Provisions)
PART 4--AMENDMENT OF CRIMES 1
(CONFISCATION) ACT 1989 2
amended in pt 4 3
Act
Clause 38. This part amends the Crimes (Confiscation) Act 1989. 4
of s 13 (Meaning of tainted property) 5
Amendment
Clause 39. Section 13-- 6
insert-- 7
`(1A) Also, tainted property in relation to a serious offence includes-- 8
(a) for a provision of this Act other than section 90 and if the offence 9
is against section 90--the tainted property mentioned in 10
section 90 in relation to which the offence is committed or 11
intended to be committed; and 12
(b) for a provision of this Act other than section 92 and if the offence 13
is against section 92--the property suspected of being tainted 14
property mentioned in section 92 in relation to which the offence 15
is committed or intended to be committed. 16
`(1B) Property mentioned in subsection (1)(a) includes, and is declared 17
always to have included, property the use of which constitutes the serious 18
offence.'. 19
of s 40 (Restraining orders) 20
Amendment
Clause 40.(1) Section 40(19)(b), `derived by anyone from the commission 21
of'-- 22
omit, insert-- 23
`tainted property in relation to'. 24
(2) Section 40-- 25
insert-- 26
`(19A) Despite section 43 or 45, subsection (18) is the only provision of 27
s 41 25 s 43
Justice and Other Legislation (Miscellaneous
Provisions)
this Act under which provision may be made for meeting out of property 1
that is the subject of a restraining order expenses mentioned in 2
subsection 18(b).'. 3
of s 43 (Supreme Court may order that property be 4
Amendment
excluded from restraining order) 5
Clause 41. Section 43(8), `For all applications'-- 6
omit, insert-- 7
`For an application under this section'. 8
PART 5--AMENDMENT OF JUDGES (PENSIONS 9
AND LONG LEAVE) ACT 1957 10
amended in pt 5 11
Act
Clause 42. This part amends the Judges (Pensions and Long Leave) Act 1957. 12
of s 2C (Minimum benefit payable) 13
Amendment
Clause 43.(1) Section 2C(3)-- 14
renumber as section 2C(4). 15
(2) Section 2C-- 16
insert-- 17
`(3) To remove any doubt, it is declared that this section does not apply 18
to an acting Supreme Court judge or an acting District Court judge.'. 19
s 44 26 s 46
Justice and Other Legislation (Miscellaneous
Provisions)
PART 6--AMENDMENT OF JUSTICES ACT 1886 1
amended in pt 6 2
Act
Clause 44. This part amends the Justices Act 1886. 3
of new pt 6 div 10 4
Insertion
Clause 45. Part 6-- 5
insert-- 6
`Division 10--Charge for issuing certain warrants 7
may include charge for its issue 8
`Warrant
`178AA.(1) The amount recoverable under a warrant of execution issued 9
under this or another Act for the non-payment of a penalty is increased by 10
the amount of a charge that may be prescribed under a regulation for issuing 11
the warrant. 12
`(2) If a warrant under this or another Act authorises a person's 13
imprisonment for the non-payment of a penalty, the amount of the penalty 14
recoverable under the warrant is increased by the amount of a charge that 15
may be prescribed under a regulation for issuing the warrant. 16
`(3) Subsection (2) does not affect the Penalties and Sentences Act 1992, 17
section 185.10'. 18
ART 7--AMENDMENT OF LAND SALES ACT 1984 19
P
amended in pt 7 20
Act
Clause 46. This part amends the Land Sales Act 1984. 21
10 Section 185 (Scale of imprisonment for nonpayment of penalty)
s 47 27 s 50
Justice and Other Legislation (Miscellaneous
Provisions)
of s 6 ( Interpretation) 1
Amendment
Clause 47. Section 6(1), definition "proposed lot", `that,'-- 2
omit, insert-- 3
`that'. 4
of s 9 (Identification of land) 5
Amendment
Clause 48. Section 9(3)(f), `section 10A(1)'-- 6
omit, insert-- 7
`section 10A(3)'. 8
of s 10 (Vendor must tell purchaser about significant 9
Amendment
variations between disclosure plan and later plans) 10
Clause 49. Section 10(1)(b)(ii), `section 10A(1)(b)'-- 11
omit, insert-- 12
`section 10A(3)(b)'. 13
of s 10A (Purchaser must be given registrable 14
Amendment
instrument of transfer and other documents) 15
Clause 50.(1) Section 10A(2) and (3)-- 16
renumber as section 10A(4) and (5). 17
(2) Section 10A(1), words before paragraph (a)-- 18
omit, insert-- 19
`10A.(1) The vendor of a proposed allotment must give the purchaser the 20
registrable instrument of transfer for the allotment not later than 18 months 21
after the purchaser enters upon the purchase of the allotment. 22
`(2) Subsection (3) applies if the vendor of a proposed allotment does not 23
give the purchaser a copy of the plan of survey for the proposed allotment 24
noted with the local government's approval under the Planning Act, 25
s 51 28 s 52
Justice and Other Legislation (Miscellaneous
Provisions)
section 5.311 before the purchaser enters upon the purchase of the proposed 1
allotment. 2
`(3) The vendor must give the purchaser the following documents 3
relating to the allotment not later than 18 months after the purchaser enters 4
upon the purchase of the allotment--'. 5
(3) Section 10A(5) as renumbered, `(1)(c)'-- 6
omit, insert-- 7
`(1) or (3)(c)'. 8
ART 8--AMENDMENT OF PROPERTY LAW ACT 9
P
1974 10
amended in pt 8 11
Act
Clause 51. This part amends the Property Law Act 1974. 12
of s 61 (Conditions of sale of land) 13
Amendment
Clause 52. Section 61(2)(a), `cheque drawn by any bank'-- 14
omit, insert-- 15
`a financial institution cheque drawn on itself'. 16
11 Section 5.3 (Sealing of plans for registration)
s 53 29 s 55
Justice and Other Legislation (Miscellaneous
Provisions)
PART 9--AMENDMENT OF ROMAN CATHOLIC 1
CHURCH (INCORPORATION OF CHURCH 2
ENTITIES) ACT 1994 3
amended in pt 9 4
Act
Clause 53. This part amends the Roman Catholic Church (Incorporation of 5
Church Entities) Act 1994. 6
of s 2 (Commencement) 7
Omission
Clause 54. Section 2-- 8
omit. 9
of s 3 (Definitions) 10
Amendment
Clause 55.(1) Section 3, definition "incorporated church entity"-- 11
omit. 12
(2) Section 3-- 13
insert-- 14
` "associated entity" means a discrete service, work, activity or part of the 15
following-- 16
(a) a diocese or archdiocese, or the trustees of a diocese or 17
archdiocese, of the church; 18
(b) a religious institute or the members of the religious institute; 19
(c) a juridic person, or the person's competent authority; 20
(d) the holder of an office, or the holders of offices, of the church 21
under canon law. 22
"canon law" means the Code of Canon Law and the statutes of juridic 23
persons. 24
"competent authority", of a juridic person or religious institute, means the 25
person's or institute's competent authority as decided under canon law. 26
s 56 30 s 56
Justice and Other Legislation (Miscellaneous
Provisions)
"incorporated church entity" means-- 1
(a) an entity established under this Act; or 2
(b) an AI Act corporation established under this Act; or 3
(c) an RECI Act corporation established under this Act; 4
and includes-- 5
(d) the Corporation of the Bishops; and 6
(e) in part 512--an AI Act corporation, or an RECI Act corporation 7
that is not established under this Act. 8
"juridic person" means a juridic person within the meaning of canon law. 9
"religious institute" means an Institute of Consecrated Life or a Society of 10
Apostolic Life.'. 11
(3) Section 3, definitions "bishop" and "officer", `the Code of'-- 12
omit. 13
(4) Section 3, definition "church entity", from paragraph (b)-- 14
omit, insert-- 15
`(b) a religious institute or the members of the religious institute; or 16
(c) a juridic person, or the person's competent authority; or 17
(d) the holder of an office, or the holders of offices, of the church 18
under canon law; 19
and includes an associated entity.'. 20
of s 4 (Interpretation and application of Code of Canon 21
Amendment
Law) 22
Clause 56.(1) Section 4, heading, `Code of'-- 23
omit. 24
(2) Section 4, from `the Code' to `code'-- 25
12 Part 5 (Legal capacity and powers of incorporated church entities)
s 57 31 s 58
Justice and Other Legislation (Miscellaneous
Provisions)
omit, insert-- 1
`canon law to matters under this Act, that law'. 2
of s 8 (Certificate of incorporation) 3
Amendment
Clause 57. Section 8, `the Code of'-- 4
omit. 5
of s 9 (Request to incorporate church entity) 6
Amendment
Clause 58.(1) Section 9-- 7
insert-- 8
`(2A) Before asking for incorporation of a religious institute or an 9
associated entity of a religious institute, the bishop or Corporation of the 10
Bishops proposing to make the request must obtain written consent to the 11
making of the request from the religious institute's competent authority 12
who has jurisdiction for the State. 13
`(2B) If the request is for an associated entity of a religious institute, the 14
consent must state the associated entity's or church entity's assets, if any, 15
that are to vest in the corporation on its establishment under this part.'. 16
(2) Section 9(3)-- 17
insert-- 18
`(e) for an associated entity, other than an associated entity of a 19
religious institute--state the associated entity's or church entity's 20
assets, if any, that are to vest in the corporation on its 21
establishment under this part; and 22
(f) for a religious institute or an associated entity of a religious 23
institute--be accompanied by a copy of the consent mentioned in 24
subsection (2A).'. 25
s 59 32 s 60
Justice and Other Legislation (Miscellaneous
Provisions)
of s 11 (Composition of corporation) 1
Amendment
Clause 59. Section 11(1), `the Code of'-- 2
omit. 3
of new ss 11A and 11B 4
Insertion
Clause 60. After section 11-- 5
insert-- 6
of assets 7
`Vesting
`11A.(1) On the establishment of a church entity, other than an 8
associated entity, as a corporation under this part, the church entity's assets 9
vest in the corporation. 10
`(2) On the establishment of an associated entity as a corporation under 11
this part, the following assets vest in the corporation-- 12
(a) for an associated entity of a religious institute--only the assets 13
stated in the consent mentioned in section 9(2A);13 14
(b) for another associated entity--only the assets stated in the request 15
under section 9(3)(e). 16
of rights and liabilities 17
`Transfer
`11B.(1) On the establishment of a church entity as a corporation under 18
this part-- 19
(a) the rights and liabilities of the entity become the rights and 20
liabilities of the corporation; and 21
(b) a legal proceeding by or against the entity that has not been 22
finished before the establishment may be continued and finished 23
by or against the corporation.'. 24
13 Section 9 (Request to incorporate church entity)
s 61 33 s 64
Justice and Other Legislation (Miscellaneous
Provisions)
of s 13 (Person acting for corporation) 1
Amendment
Clause 61. Section 13, `the Code of'-- 2
omit. 3
of s 16 (Request to establish existing church corporation 4
Amendment
under this part) 5
Clause 62.(1) Section 16-- 6
insert-- 7
`(2A) However, if the existing church corporation is a religious institute 8
or an associated entity of a religious institute, a request for establishment 9
may be made only if the religious institute's competent authority who has 10
jurisdiction for the State has given written consent to the making of the 11
request. 12
`(2B) The consent must be given to the bishop or Corporation of the 13
Bishops proposing to make the request.'. 14
(2) Section 16(3)-- 15
insert-- 16
`(d) if the existing church corporation is a religious institute or an 17
associated entity of a religious institute--be accompanied by a 18
copy of the consent mentioned in subsection (2A).'. 19
of s 18 (Composition of corporation) 20
Amendment
Clause 63. Section 18(1), `the Code of'-- 21
omit. 22
of s 20 (Person acting for existing church corporation) 23
Amendment
Clause 64. Section 20, `the Code of'-- 24
omit. 25
s 65 34 s 68
Justice and Other Legislation (Miscellaneous
Provisions)
of s 21 (Establishment under this part does not affect 1
Amendment
legal personality etc.) 2
Clause 65. Section 21-- 3
insert-- 4
`(4) To prevent doubt, the assets held by the existing church corporation 5
immediately before its establishment under this part are, on the 6
establishment, taken to be the assets of the corporation established under 7
this part.'. 8
of s 27 (Restrictions on powers) 9
Amendment
Clause 66. Section 27(1) and (2)(b), `the Code of'-- 10
omit. 11
of s 28 (Persons having dealings with incorporated 12
Amendment
church entities etc.) 13
Clause 67. Section 28(3)(a), `the Code of'-- 14
omit. 15
of s 33 (Request to dissolve entity) 16
Amendment
Clause 68.(1) Section 33(3)-- 17
omit, insert-- 18
`(3) The request may be made only if-- 19
(a) dissolution of the entity accords with canon law; and 20
(b) for an entity that is a religious institute or an associated entity of a 21
religious institute--the religious institute's competent authority 22
who has jurisdiction for the State has given the person proposing 23
to make the request written consent to the making of the request.'. 24
(2) Section 33(4)(e), `the Code of'-- 25
omit. 26
s 69 35 s 72
Justice and Other Legislation (Miscellaneous
Provisions)
(3) Section 33(4)-- 1
insert-- 2
`(f) for an entity that is a religious institute or an associated entity of a 3
religious entity--be accompanied by a copy of the consent 4
mentioned in subsection (3)(b).'. 5
ART 10--AMENDMENT OF VEXATIOUS 6
P
LITIGANTS ACT 1981 7
amended in pt 10 8
Act
Clause 69. This part amends the Vexatious Litigants Act 1981. 9
of s 2 (Meaning of terms) 10
Amendment
Clause 70. Section 2(2)(a), `section 9A(6)'-- 11
omit, insert-- 12
`section 4A(6) or 9A(6)'. 13
of s 3 (Declaration of vexatious litigants upon application 14
Amendment
by public official) 15
Clause 71. Section 3(2), `or Townsville in the State'-- 16
omit, insert-- 17
`, Townsville or Cairns'. 18
of new s 4A 19
Insertion
Clause 72. After section 4-- 20
insert-- 21
s 72 36 s 72
Justice and Other Legislation (Miscellaneous
Provisions)
to vary or revoke s 3 order 1
`Application
`4A.(1) An application under section 3(3) or 414 by a person declared to 2
be a vexatious litigant (the "applicant") must be made by the applicant 3
filing the following documents in the Supreme Court-- 4
(a) an originating application; 5
(b) an affidavit of relevant evidence; 6
(c) submissions on which the applicant intends to rely. 7
`(2) The registrar of the court must-- 8
(a) decide, having regard to the documents filed, whether there are 9
any persons who may wish to respond to the application (the 10
"interested parties"); and 11
(b) advise the applicant in writing of the names and addresses of the 12
interested parties. 13
`(3) The applicant must-- 14
(a) give a service copy of each filed document and the notice 15
mentioned in subsection (4) to each interested party within 7 days 16
after receiving the registrar's advice under subsection (2)(b); and 17
(b) file in the court an affidavit about service of the documents within 18
10 days after receiving the advice. 19
`(4) The notice must state that the interested party may, within 45 days 20
after the notice is given (the "response period"), file a written response to 21
the application in the court. 22
`(5) If the interested party wishes to respond to the application, the party 23
must file an affidavit in response in the court before the response period 24
ends. 25
`(6) The court must, in the absence of the applicant and any interested 26
party, decide the application after the last response period ends, by reference 27
to the documents mentioned in subsection (1) and the written responses, if 28
any, received under this section. 29
14 Section 3 (Declaration of vexatious litigants upon application by public
officials) or 4 (Revocation of s 3 order)
s 72 37 s 72
Justice and Other Legislation (Miscellaneous
Provisions)
`(7) If the application is refused, the registrar must refuse to accept a 1
further originating application under this section dealing with the same, or 2
substantially the same, issue. 3
`(8) An application for leave under section 8 or 9 may not be made in 4
relation to a decision made under subsection (6).'. 5
38
Justice and Other Legislation (Miscellaneous
Provisions)
CHEDULE 1 1
¡S
INOR AMENDMENTS 2
M
section 3 3
ASSOCIATIONS INCORPORATION ACT 1981 4
´
1. Section 22(2), `section (1)(a)'-- 5
omit, insert-- 6
`subsection (1)(a)'. 7
2. Section 59(1)(a), `prepare'-- 8
omit, insert-- 9
`prepares'. 10
3. Section 59(1)(a), at the end-- 11
insert-- 12
`and'. 13
HILDRENS COURT ACT 1992 14
´C
1. Section 21E(2), from `it'-- 15
omit, insert-- 16
`the appeal may proceed by way of rehearing, completely or partly.'. 17
39
Justice and Other Legislation (Miscellaneous
Provisions)
SCHEDULE 1 (continued)
CRIMINAL CODE 1
´
1. Section 651-- 2
insert-- 3
`(8) In this section-- 4
"summary offence" means-- 5
(a) a simple or regulatory offence; or 6
(b) an offence for which-- 7
(i) proceedings for a charge of the offence may be taken 8
summarily under the Drugs Misuse Act 1986; and 9
(ii) the prosecution has made an election under section 4515 of 10
that Act.'. 11
2. Section 652, heading, `summary charge'-- 12
omit, insert-- 13
`charge for summary offence'. 14
RIMINAL INVESTIGATION 15
´C
(EXTRA-TERRITORIAL OFFENCES) ACT 1985 16
1. Section 2, definition "appropriate authority", paragraph (d)(ii)-- 17
omit, insert-- 18
`(ii) the commissioner of the Police Service;'. 19
15 Section 45 (Proceedings for offences)
40
Justice and Other Legislation (Miscellaneous
Provisions)
SCHEDULE 1 (continued)
VIDENCE ACT 1977 1
´E
1. Section 107, heading, `Minister may approve'-- 2
omit, insert-- 3
`Use of'. 4
AIR TRADING ACT 1989 5
´F
1. Section 48, penalty-- 6
omit, insert-- 7
`Maximum penalty--540 penalty units.'. 8
2. Section 86, penalty, `400'-- 9
omit, insert-- 10
`540'. 11
3. Section 90(6A)-- 12
omit, insert-- 13
`(6A) Subsection (6) does not apply to information as to the name and 14
address of the person or as to the person's ownership of, control over or 15
position in, any business.' 16
HIRE-PURCHASE ACT 1959 17
1. Section 2(1), definition "hire-purchase agreement"-- 18
insert-- 19
41
Justice and Other Legislation (Miscellaneous
Provisions)
SCHEDULE 1 (continued)
`(g) that is, or forms part of, a transaction for the letting of goods with 1
an option to purchase or the purchase of goods by instalments (or 2
both) if the goods have a total market value of more 3
than $40 000 000 at the time the transaction is entered into.'. 4
URY ACT 1995 5
´J
1. Part 8, after section 74-- 6
insert-- 7
`Declaration--District Court registrars 8
`74A.(1) This section applies if a District Court registrar at a courthouse 9
has performed a function or exercised a power that was assigned, or 10
delegated, under this Act to a deputy sheriff at the courthouse. 11
`(2) The performance of the function or exercise of the power is as valid 12
as it would be if the District Court registrar were a deputy sheriff at the 13
court house. 14
`(3) This section expires on the day after it commences.'. 15
JUSTICE AND OTHER LEGISLATION 16
´
(MISCELLANEOUS PROVISIONS) ACT (NO. 2) 1997 17
1. Section 60, `147(1)'-- 18
omit, insert-- 19
`147A(1)'. 20
42
Justice and Other Legislation (Miscellaneous
Provisions)
SCHEDULE 1 (continued)
EGAL AID QUEENSLAND ACT 1997 1
´L
1. Section 42(1)(a), `with perpetual succession'-- 2
omit. 3
2. Section 42(1)(b), `common'-- 4
omit. 5
3. Section 42(3)-- 6
insert-- 7
`(c) an exempt public authority under the Corporations Law.'. 8
4. Section 42-- 9
insert-- 10
`(5) Subsection (3)(c) is taken to have commenced on 1 July 1997. 11
`(6) Subsection (5) and this subsection expire on the day after they 12
commence.'. 13
5. Section 78, `73(2)'-- 14
omit, insert-- 15
`73(b)'. 16
43
Justice and Other Legislation (Miscellaneous
Provisions)
SCHEDULE 1 (continued)
PENALTIES AND SENTENCES ACT 1992 1
´
1. Section 56(2), from `offender' (second mention)-- 2
omit, insert-- 3
`offender an application for a fine option order.'. 4
STIPENDIARY MAGISTRATES ACT 1991 5
´
1. Section 18(3), `by'-- 6
omit, insert-- 7
`as'. 8
9
RUSTEE COMPANIES ACT 1968 10
´T
1. Schedule 2, heading, `2'-- 11
omit. 12
2. Schedule 2, part 2, entry for ANZ Executors & Trustee Company 13
Limited, paragraph (c)-- 14
omit. 15
3. Schedule 2, part 2, entry for ANZ Executors & Trustee Company 16
Limited, paragraphs (ca) and (cb)-- 17
renumber as paragraphs (c) and (ca). 18
44
Justice and Other Legislation (Miscellaneous
Provisions)
SCHEDULE 1 (continued)
4. Schedule 2, part 2, entry for Perpetual Trustees Australia Limited, 1
paragraph (c)-- 2
omit. 3
5. Schedule 2, part 2, entry for Perpetual Trustees Australia Limited, 4
paragraph (ca)-- 5
renumber as paragraph (c). 6
6. Schedule 2, part 2, entry for Perpetual Trustees Queensland 7
Limited, paragraph (c)-- 8
omit. 9
7. Schedule 2, part 2, entry for Perpetual Trustees Queensland 10
Limited, paragraph (ca)-- 11
renumber as paragraph (c). 12
8. Schedule 2, part 2, entry for Trust Company of Australia Limited, 13
paragraph (c)-- 14
omit. 15
9. Schedule 2, part 2, entry for Trust Company of Australia Limited, 16
paragraph (ca)-- 17
renumber as paragraph (c). 18
45
Justice and Other Legislation (Miscellaneous
Provisions)
CHEDULE 2 1
¡S
AMENDMENTS OF CERTAIN ACTS TO BROADEN 2
RANGE OF PERSONS WHO MAY AUDIT 3
section 3 4
ASSOCIATIONS INCORPORATION ACT 1981 5
´
1. Section 59(1)(b)(i) and (ii)-- 6
omit, insert-- 7
`(i) a person registered as an auditor under the Corporations 8
Law; or 9
(ii) a member of the Australian Society of Certified Practicing 10
Accountants or the Institute of Chartered Accountants in 11
Australia; or 12
(iii) a member of the National Institute of Accountants who 13
holds a current public practice certificate issued by the 14
institute and has satisfactorily completed an auditing 15
component of a course of study in accountancy at a tertiary 16
level conducted by an institution prescribed under 17
section 1280(2) of the Corporations Law; or 18
(iv) a person approved by the chief executive;'. 19
CHARITABLE FUNDS ACT 1958 20
´
1. Section 24(2)(c)(i) and (ii)-- 21
omit, insert-- 22
`(i) a person registered as an auditor under the Corporations 23
Law; or 24
46
Justice and Other Legislation (Miscellaneous
Provisions)
SCHEDULE 2 (continued)
(ii) a member of the Australian Society of Certified Practicing 1
Accountants or the Institute of Chartered Accountants in 2
Australia; or 3
(iii) a member of the National Institute of Accountants who 4
holds a current public practice certificate issued by the 5
institute and has satisfactorily completed an auditing 6
component of a course of study in accountancy at a tertiary 7
level conducted by an institution prescribed under 8
section 1280(2) of the Corporations Law; or 9
(iv) a person approved by the chief executive.'. 10
OLLECTIONS ACT 1966 11
´C
1. Section 31(1)(f)(i) and (ii)-- 12
omit, insert-- 13
`(i) a person registered as an auditor under the Corporations 14
Law; or 15
(ii) a member of the Australian Society of Certified Practicing 16
Accountants or the Institute of Chartered Accountants in 17
Australia; or 18
(iii) a member of the National Institute of Accountants who 19
holds a current public practice certificate issued by the 20
institute and has satisfactorily completed an auditing 21
component of a course of study in accountancy at a tertiary 22
level conducted by an institution prescribed under 23
section 1280(2) of the Corporations Law; or 24
(iv) a person approved by the chief executive.'. 25
47
Justice and Other Legislation (Miscellaneous
Provisions)
SCHEDULE 2 (continued)
AMING MACHINE ACT 1991 1
´G
1. Section 161(1), definition "accountant", paragraph (d)-- 2
omit, insert-- 3
`(d) a member of the National Institute of Accountants who holds a 4
current public practice certificate issued by the institute and has 5
satisfactorily completed an auditing component of a course of 6
study in accountancy at a tertiary level conducted by an institution 7
prescribed under section 1280(2) of the Corporations Law; or 8
(e) a person approved by the chief executive.'. 9
ECURITY PROVIDERS ACT 1993 10
´S
1. Section 3, definition "accountant", paragraphs (a) and (b)-- 11
omit, insert-- 12
`(a) a person registered as an auditor under the Corporations Law; or 13
(b) a member of the Australian Society of Certified Practicing 14
Accountants or the Institute of Chartered Accountants in 15
Australia; or 16
(c) a member of the National Institute of Accountants who holds a 17
current public practice certificate issued by the institute and has 18
satisfactorily completed an auditing component of a course of 19
study in accountancy at a tertiary level conducted by an institution 20
prescribed under section 1280(2) of the Corporations Law; or 21
(d) a person approved by the chief executive.'. 22
48
Justice and Other Legislation (Miscellaneous
Provisions)
SCHEDULE 2 (continued)
TRUST ACCOUNTS ACT 1973 1
´
1. Section 15(1)(d)(i) to (iii)-- 2
omit, insert-- 3
`(i) a person registered as an auditor under the Corporations 4
Law; or 5
(ii) a member of the Australian Society of Certified Practicing 6
Accountants or the Institute of Chartered Accountants in 7
Australia; or 8
(iii) a member of the National Institute of Accountants who 9
holds a current public practice certificate issued by the 10
institute and has satisfactorily completed an auditing 11
component of a course of study in accountancy at a tertiary 12
level conducted by an institution prescribed under section 13
1280(2) of the Corporations Law; or 14
(iv) a person approved by the chief executive; or'. 15
RUSTS ACT 1973 16
´T
1. Section 5(1), definition "public accountant", paragraphs (a) to (c)-- 17
omit, insert-- 18
`(a) a person registered as an auditor under the Corporations Law; or 19
(b) a member of the Australian Society of Certified Practicing 20
Accountants or the Institute of Chartered Accountants in 21
Australia; or 22
(c) a member of the National Institute of Accountants who holds a 23
current public practice certificate issued by the institute and has 24
satisfactorily completed an auditing component of a course of 25
study in accountancy at a tertiary level conducted by an institution 26
49
Justice and Other Legislation (Miscellaneous
Provisions)
SCHEDULE 2 (continued)
prescribed under section 1280(2) of the Corporations Law; or 1
(d) a person approved by the chief executive.'. 2
© State of Queensland 1998
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