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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
STATUTE LAW (MINOR
AMENDMENTS) BILL 1995
Queensland
STATUTE LAW (MINOR AMENDMENTS)
BILL 1995
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amended Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Explanatory notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 5
MINOR AMENDMENTS
AGRICULTURAL STANDARDS ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . 5
BRISBANE FOREST PARK ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
BUILDING ACT 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
BUILDING AND CONSTRUCTION INDUSTRY (PORTABLE
LONG SERVICE LEAVE) ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
CHILDRENS COURT ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
CLASSIFICATION OF FILMS ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . 9
LIQUOR ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 1978 . . . . . . . . . 11
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT
1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
MINERAL RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PAWNBROKERS ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES
ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
SECOND-HAND DEALERS AND COLLECTORS ACT 1984 . . . . . . . . . . 24
SEWERAGE AND WATER SUPPLY ACT 1949 . . . . . . . . . . . . . . . . . . . . 25
TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 . . . . . 26
2
Statute Law (Minor Amendments)
TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 . . . . . . . . . 27
WINE INDUSTRY ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
1995
A BILL
FOR
An Act to make minor amendments of certain Acts
s1 4 s4
Statute Law (Minor Amendments)
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Statute Law (Minor Amendments) Act 3
1995. 4
urpose 5
P
Clause 2. The purpose of this Act is to improve the quality of the statute law of 6
Queensland by making amendments that are concise, of a minor nature and 7
non-controversial. 8
Acts 9
Amended
Clause 3. The schedule amends the Acts mentioned in it. 10
notes 11
Explanatory
Clause 4. Explanatory notes to the provisions of this Act do not form part of this 12
Act. 13
5
Statute Law (Minor Amendments)
CHEDULE 1
¡S
INOR AMENDMENTS 2
M
section 3 3
AGRICULTURAL STANDARDS ACT 1994 4
´
Amendment 5
1. Section 4, definition "agricultural requirement"-- 6
omit, insert-- 7
` "agricultural requirement" means-- 8
(a) seed, fertiliser, lime or stock food; or 9
(b) other material declared under a regulation to be an agricultural 10
requirement.'. 11
2. After section 71-- 12
insert-- 13
`Expired regulations and rules 14
`72.(1) In this section-- 15
"former regulations and rules" means the regulations and rules made 16
under the former Act as they were in force under this Act immediately 17
before their expiry. 18
`(2) The former regulations and rules are taken to be regulations in force 19
under this Act, and, for example, subject to amendment or repeal by a 20
regulation made under this Act. 21
`(3) The former regulations and rules are to be read with the changes 22
necessary to make them consistent with, and adapt their operation to, this 23
Act. 24
`(5) This section expires 1 year after the commencement of this Act.'. 25
6
Statute Law (Minor Amendments)
SCHEDULE (continued)
1
Explanatory note
2
Amendment 1 makes it clear that seed, fertiliser, lime and stock food are an
3
agricultural requirement without a declaration by regulation.
4
Under a now expired transitional provision of the Act (section 72), regulations and
5
rules in force under the repealed Agricultural Standards Act 1952 at the
6
commencement of the amended Act continued in force for 6 months to allow new
7
regulations and standards to be made. The regulations and rules lapsed without new
8
regulations and standards having been made. The effect of the amendment is to
9
revive the regulations and rules prospectively, and continue them in force for 12
10
rather than 6 months.
11
As part of a national initiative, draft standards for seeds, seed certification, fertilisers
12
and stockfeed have been or are being developed by national committees such as the
13
Australian Seeds Committee and the National Working Party on Stockfood
14
Standards, both acting under the auspices of the Standing Committee on Agriculture
15
and Resource Management.
16
The additional time is needed to allow policy to be finalised at a national level on
17
all standards and then allow for appropriate consultation to be undertaken in
18
Queensland with industry and the community. Following consultation, standards will
19
be finalised and made.
BRISBANE FOREST PARK ACT 1977 20
´
Amendment 21
1. After section 49-- 22
insert-- 23
`Validation of exclusion of certain land from park 24
`50.(1) This section applies to-- 25
(a) the order in council under the Forestry Act 1959 gazetted on 26
26 November 1988 at pages 14813; and 27
(b) the land mentioned in the order in council that was included in the 28
park immediately before the order was made. 29
`(2) The order in council is taken to be, and always have been, effective 30
to exclude the land from the park. 31
7
Statute Law (Minor Amendments)
SCHEDULE (continued)
`(3) This section has effect despite section 7.1 1
`(4) This section is a law to which the Acts Interpretation Act 1954, 2
section 20A applies. 3
`(5) This section expires on the day it commences.'. 4
5
Explanatory note
6
This amendment regularises the purported exclusion of 2 areas of land from the park
7
in 1988. One area was subsequently set aside as a reserve for local government
8
(reservoir) purposes under the control of the Pine Rivers Shire Council. The other
9
area was subsequently amalgamated with adjoining freehold land and included in a
10
registered deed of grant. Neither area was excluded from the park in the way
11
required by the Brisbane Forest Park Act 1977, section 7, before being dealt with as
12
Crown land under the Land Act 1962.
BUILDING ACT 1975 13
´
Amendment 14
1. Section 30M(1)(a)(iii), `and'-- 15
omit, insert-- 16
`or'. 17
2. Section 30M(1)(a)-- 18
insert-- 19
`(iv) a disability of an occupant of the premises; and'. 20
21
Explanatory note
22
Amendment 1 is consequential on amendment 2.
1 Section 7 (Manner of altering area of park)
8
Statute Law (Minor Amendments)
SCHEDULE (continued)
1
Amendment 2 allows local governments to take account of the disability of an
2
occupant in varying fencing requirements for outdoor swimming pools.
BUILDING AND CONSTRUCTION INDUSTRY 3
´
(PORTABLE LONG SERVICE LEAVE) ACT 1991 4
Amendment 5
1. Section 88(2) to (6)-- 6
renumber as section 88(3) to (7). 7
2. Section 88-- 8
insert-- 9
`(2) An appeal to an industrial magistrate about a decision, determination, 10
direction or notice made or given by the authority, or the accuracy of a 11
notice given to a person under this Act, must be started-- 12
(a) if action is not taken under section 87(1)2 --within the period 13
prescribed under section 87(1)(c) or (d); or 14
(b) if action is taken under section 87(1)--within 28 days after notice 15
of the authority's decision under section 87(2) is given to the 16
person.'. 17
18
Explanatory Note
19
Amendment 1 is a renumbering amendment consequential on amendment 2.
20
Amendment 2 inserts a subsection to provide for a time within which an appeal may
21
be started. In the absence of a time limit in the Act, the appeal is required to be
22
made `as soon as possible' (see Acts Interpretation Act 1954, section 38(4)).
2 Section 87(1) allows a person to ask the authority to give further consideration to
certain matters.
9
Statute Law (Minor Amendments)
SCHEDULE (continued)
HILDRENS COURT ACT 1992 1
´C
Amendment 2
1. After section 29-- 3
insert-- 4
`Transitional provision for rules of court 5
`30.(1) In this section-- 6
"former rules" means the Children's Court Rules 1966 as in force under 7
this Act immediately before their expiry. 8
`(2) The former rules are taken to be the rules. 9
`(3) This section expires 1 year after its commencement.'. 10
11
Explanatory note
12
This amendment inserts a transitional provision to revive the expired Children's
13
Court Rules 1966 for a further year. Under the transitional provisions of the Act, the
14
rules were continued in force for 2 years to allow them to be remade for the Act. The
15
rules were not remade before their expiry.
LASSIFICATION OF FILMS ACT 1991 16
´C
Amendment 17
1. After section 21-- 18
insert-- 19
`Classified films--exhibiting advertisements for other films 20
`21A. A person must not exhibit, or attempt to exhibit, a classified film 21
that contains an advertisement relating to-- 22
(a) if the film is classified as a "G" film--a film classified as a 23
"PG", "M", "MA" or "R" film or an unclassified film; or 24
10
Statute Law (Minor Amendments)
SCHEDULE (continued)
(b) if the film is classified as a "PG" film--a film classified as an 1
"M", "MA" or "R" film or an unclassified film; or 2
(c) if the film is classified as an "M" film--a film classified as an 3
"MA" or "R" film or an unclassified film; or 4
(d) if the film is classified as an "MA" film--a film classified as an 5
"R" film or an unclassified film; or 6
(e) if the film is classified as an "R" film--an unclassified film. 7
Maximum penalty--10 penalty units.'. 8
2. Section 41(3)-- 9
omit, insert-- 10
`(3) A person must not knowingly have possession of a child abuse film. 11
Maximum penalty--150 penalty units or 12 months imprisonment.'. 12
13
Explanatory note
14
Amendment 1 inserts a provision to prevent the exhibition of films advertising other
15
films of a more restricted classification.
16
Amendment 2 amends the provision so that the element of knowledge relates to the
17
possession of a child abuse film rather than the nature of the film itself.
LIQUOR ACT 1992 18
´
Amendment 19
1. Section 34(4)-- 20
omit, insert-- 21
`(4) At the hearing of the appeal, each person mentioned in 22
subsection (3)(a) to (c) is entitled-- 23
(a) for an individual--to be heard personally; or 24
11
Statute Law (Minor Amendments)
SCHEDULE (continued)
(b) for a corporation--to be represented by an officer of the 1
corporation; or 2
(c) in any case--with the Tribunal's leave, to be represented by a 3
lawyer.'. 4
2. Section 34(5), `(4)(b)'-- 5
omit, insert-- 6
`(4)(c)'. 7
8
Explanatory note
9
Amendment 1 widens a provision to allow an officer of a corporation to appear for
10
the corporation.
11
Amendment 2 is a consequential amendment.
OCAL GOVERNMENT (ABORIGINAL LANDS) ACT 12
´L
1978 13
Amendment 14
1. Section 76(3), before `if'-- 15
insert-- 16
`or on a vehicle (including alcohol)'. 17
18
Explanatory note
19
This amendment corrects a minor drafting oversight. The amendment will allow the
20
seizure of anything found on a vehicle if an authorised officer reasonably believes
21
the thing is evidence of an offence and the seizure is necessary to prevent the thing
22
being hidden, lost, destroyed or used to continue or repeat the offence. At present
23
the provision allows seizure of things found at places, but not on vehicles. However,
24
things used in committing the offence, which would usually be the case with alcohol,
25
may be seized under section 76(4).
12
Statute Law (Minor Amendments)
SCHEDULE (continued)
MEDICAL ACT AND OTHER ACTS 1
´
(ADMINISTRATION) ACT 1966 2
Amendment 3
1. Sections 14(1)(g), 15(1)(e) and (2), before `books, letters, 4
accounts'-- 5
insert-- 6
`equipment, appliances,'. 7
2. Sections 14(1)(g), 14A and 14B(1), before `book, letter, account'-- 8
insert-- 9
`equipment, appliance,'. 10
3. Section 14A(c)(ii), `the writing seized'-- 11
omit, insert-- 12
`the thing seized'. 13
4. Section 14B(1), after `contents of'-- 14
insert-- 15
`, or information about,' 16
17
Explanatory note
18
Amendments 1 and 2 widen the amended provisions to acknowledge inspectors'
19
existing powers under the Act to seize any equipment and appliances (see
20
section 14(1)(a)).
21
Amendment 3 updates language to make it consistent with section 14 and the rest of
22
section 14A.
23
Amendment 4 is consequential on amendment 2.
13
Statute Law (Minor Amendments)
SCHEDULE (continued)
INERAL RESOURCES ACT 1989 1
´M
Amendment 2
1. Section 15(2)-- 3
omit, insert-- 4
`(2) More than 1 parcel prospecting permit may be granted over a lot, or 5
2 or more adjoining lots owned by the same person.'. 6
2. Section 312-- 7
insert-- 8
`(2A) The person who was the holder of the terminated mining lease 9
immediately before its termination must immediately remove each post or 10
other thing used to mark the land under this Act (other than a survey mark 11
or anything else required under another Act not to be removed).'. 12
3. Section 312(4), `subsection (3)'-- 13
omit, insert-- 14
`subsection (4)'. 15
4. Section 312(2A) to (4)-- 16
renumber. 17
5. Section 320(4) and (5)-- 18
omit, insert-- 19
`(4) The holder of a mining claim, mining lease or another authority 20
under this Act or another Act about mining who mines mineral or allows 21
mineral to be mined from land the subject of the mining claim, mining lease 22
or other authority must, whether or not the State has property in the mineral, 23
14
Statute Law (Minor Amendments)
SCHEDULE (continued)
lodge royalty returns as required under a regulation. 1
`(5) Unless a regulation otherwise provides, the holder of a mining claim 2
or mining lease that authorises the mining of minerals for which royalty is 3
or would be payable must lodge a royalty return whether or not mineral has 4
been mined during the period of the return.'. 5
6. Section 320(7)-- 6
omit, insert-- 7
`(7) A person who mines mineral from land other than under a mining 8
claim, mining lease or other authority mentioned in subsection (1) or (2), 9
must, whether or not the State has the property in the mineral-- 10
(a) lodge the royalty returns as required under a regulation; and 11
(b) pay royalty to the State or anyone else who has property in the 12
mineral at the rate required under a regulation.'. 13
14
Explanatory note
15
Amendment 1 makes it clear that more than 1 parcel prospecting permit can be
16
granted for the same part of a lot. The amendment brings the provisions about
17
district and parcel prospecting permits into line and corrects an error made by the
18
Mineral Resources Amendment Act 1995.
19
Amendment 2 corrects an inconsistency. Under the Act, the holder of a terminated
20
mining claim must remove anything used to mark the boundaries of the claim. The
21
amendment will bring the provisions about the termination of mining leases into line
22
with the provision dealing with the termination of mining claims.
23
Amendments 3 and 4 are renumbering amendments consequential on amendment 2.
24
Amendment 5 amends the Act to allow returns for royalty to be required for mining
25
claims and leases whether or not the mineral is owned by the State. At present,
26
returns are only required for minerals for which royalty is payable to the State.
27
Without these additional returns, it is not possible to have a complete, accurate,
28
up-to-date picture of mining production in the State.
29
Amendment 6 is consequential on amendment 5.
15
Statute Law (Minor Amendments)
SCHEDULE (continued)
PAWNBROKERS ACT 1984 1
´
Amendment 2
1. Section 31-- 3
omit. 4
2. Section 35(4), `bank within the meaning of the Banking Act 1959 5
(Cwlth)'-- 6
omit, insert-- 7
`financial institution'. 8
3. Section 35(5)-- 9
omit, insert-- 10
`(5) When the premises of a licensed pawnbroker are open for business, 11
the pawnbroker must, if required by an authorised officer, make available to 12
the authorised officer all books of account and records relating to a 13
requirement imposed on the pawnbroker under subsection (3) or (4).'. 14
15
Explanatory note
16
Amendment 1 omits a provision made redundant by the Trading (Allowable Hours)
17
Act 1990. The allowable trading hours of licensed pawnbroking premises are now
18
regulated by that Act (see section 5(2)(y)).
19
Amendment 2 allows the keeping of trust accounts with financial institutions that are
20
not banks.
21
Amendment 3 allows an authorised officer who is an officer or employee of the
22
department to require the production of books of account and records. This is
23
consistent with other amendments of the Act made in 1992.
16
Statute Law (Minor Amendments)
SCHEDULE (continued)
EGISTRATION OF BIRTHS, DEATHS AND 1
´R
MARRIAGES ACT 1962 2
Amendment 3
1. Section 5(1)-- 4
insert-- 5
` "boat" means any type of ship or other vessel used in navigation by water 6
or for another purpose on water, and includes a ship or other vessel of 7
whatever size and however it is propelled or moved. 8
9
Example--
10
1. A hovercraft or other surface effect craft.'.
2. After section 15-- 11
insert-- 12
`Marriages on boats 13
`15A. A marriage is taken to be solemnised in Queensland if-- 14
(a) it is solemnised on a boat under the Commonwealth Marriage 15
Act, part 4, division 2; and 16
(b) the boat goes to the place where the marriage is solemnised from 17
a port in Queensland (the "home port") without stopping at a 18
port that is not in Queensland; and 19
(c) after the marriage is solemnised, the boat returns to the home 20
port, or another port in Queensland, without stopping at a port 21
that is not in Queensland.'. 22
3. Section 22(1)(b)-- 23
omit, insert-- 24
`(b) obtain from the registrar-general or a district registrar a certificate 25
17
Statute Law (Minor Amendments)
SCHEDULE (continued)
signed by the registrar-general or district registrar certifying 1
particulars contained in an entry or duplicate entry in a register 2
kept by the registrar-general or district registrar; or'. 3
4. Section 22, after subsection (1)-- 4
insert-- 5
`(1AA) A certificate mentioned in subsection (1)(b) and an extract must 6
contain the particulars prescribed under a regulation.'. 7
5. Section 22(1B), `a certified copy of'-- 8
omit, insert-- 9
`a certificate from'. 10
6. Section 22(1B), `that copy'-- 11
omit, insert-- 12
`the certificate'. 13
7. Section 22(1C)-- 14
omit, insert-- 15
`(1C) A certificate mentioned in subsection (1B), if otherwise correct, is 16
taken to be a true copy of the original or duplicate entry in the register, to the 17
extent it contains the particulars contained in the original or duplicate entry.'. 18
8. Section 22(2), `a certified copy of,'-- 19
omit, insert-- 20
`a certificate'. 21
18
Statute Law (Minor Amendments)
SCHEDULE (continued)
9. Section 22(2), `such copy'-- 1
omit, insert-- 2
`the certificate'. 3
10. Section 22(2A)-- 4
omit, insert-- 5
`(2A) A certificate mentioned in subsection (2), if otherwise correct, is 6
taken to be a true copy of the original or duplicate entry in the register, to the 7
extent it contains the particulars contained in the original or duplicate entry. 8
`(2B) A certified extract mentioned in subsection (2), if otherwise 9
correct, is taken to be a true extract from the original or duplicate entry in the 10
register.'. 11
11. Section 22(3), (3A) and (3B) `certified copy'-- 12
omit, insert-- 13
`certificate'. 14
12. Section 27B(1), from `by a marginal note' to `the father.'-- 15
omit, insert-- 16
`enter in the register of births a change of surname of the child to the 17
surname of the father.3'. 18
3 See section 29B (Changing particulars in register of births) for requirements
about entering a change of a child's surname in the register of births.
19
Statute Law (Minor Amendments)
SCHEDULE (continued)
13. Section 27C(1), from `by a marginal note' to `that child to--'-- 1
omit, insert-- 2
`enter in the register of births a change of surname of that child4 to--'. 3
14. Section 27D(1)(c)-- 4
omit, insert-- 5
`(c) in a case to which paragraph (a) applies--enter in the register of 6
births, in terms of the second request, a change of surname of that 7
child5 to one formed by combining the surnames (as at the date 8
of birth of that child) of the mother and the person registered as 9
the father of that child in any separated order (whether or not 10
joined by a hyphen); or'. 11
15. Section 28(4)-- 12
omit, insert-- 13
`(4) If the registrar-general is satisfied on evidence given to the 14
registrar-general that a person who is 18 or more has evidenced the change 15
of the person's name by deed poll or other legal process, the 16
registrar-general may, on payment of the fee prescribed under a 17
regulation-- 18
(a) enter the change by making a note in the margin, or in the place 19
set aside for notes, in the appropriate entry in the register of 20
4 See section 29B (Changing particulars in register for births) for requirements
about entering a change of a child's surname in the register of births.
5 See section 29B (Changing particulars in register for births) for requirements
about entering a change of a child's surname in the register of births.
20
Statute Law (Minor Amendments)
SCHEDULE (continued)
marriages; or 1
(b) enter the change in the register of births.6'. 2
16. Section 28A(1)(e) to (g)-- 3
omit, insert-- 4
`(e) enter in the register of births a change of surname of the child to 5
the appropriate surname of the mother; or7 6
(f) for a registration entered in the adopted children register kept 7
under the Adoption of Children Act 1964--enter a change of 8
surname of the child to the appropriate surname of the mother.'. 9
17. After section 29A-- 10
insert-- 11
`Changing particulars in register of births 12
`29B.(1) This section applies if the registrar-general proposes to enter in 13
the register of births-- 14
(a) a change of a child's surname under section 27B(1), 27C(1), 15
27D(1)(c) or 28A(1)(e); or 16
(b) a change of a person's name by deed poll or other legal process 17
under section 28(4). 18
`(2) The registrar-general may enter the change by-- 19
(a) making a note in the margin, or in the place set aside for notes, in 20
the appropriate entry; and 21
(b) if the registrar-general considers it is appropriate to reregister the 22
6 See section 29B (Changing particulars in register of births) for requirements
about entering a change of a person's name by deed poll or other legal process in
the register of births.
7 See section 29B (Changing particulars in register of births) for requirements
about entering a change of a child's surname in the register of births.
21
Statute Law (Minor Amendments)
SCHEDULE (continued)
birth-- 1
(i) closing the entry in the way the registrar-general considers 2
appropriate; and 3
(ii) reregistering the birth of the child or person.8 4
`Application for reregistration of birth 5
`29C.(1) This section applies if-- 6
(a) notes have been made under this Act by the registrar-general on 7
an entry in the register of births; and 8
(b) the registrar-general has not reregistered the birth of the person to 9
whom the entry relates. 10
`(2) This section also applies if particulars of an alteration of, or addition 11
to, a person's name are entered in an entry in the register of births under 12
section 28(2). 13
`(3) Application may be made for reregistration of the person's birth. 14
`(4) However, an application may be made only by-- 15
(a) if the person is an adult--the person; or 16
(b) if the person is a minor--a parent or guardian of the person. 17
`(5) The application must-- 18
(a) be made to the registrar-general; and 19
(b) be in the prescribed form; and 20
(c) be accompanied by the fee prescribed under a regulation. 21
`(6) If an application is made under this section, the registrar-general 22
must-- 23
8 See section 29D (Notes about reregistration of births) for requirements about
reregistering births.
22
Statute Law (Minor Amendments)
SCHEDULE (continued)
(a) close the entry in the way the registrar-general considers 1
appropriate; and 2
(b) reregister the person's birth.9 3
`Notes about reregistration of births 4
`29D.(1) If the registrar-general reregisters a birth under section 29B or 5
29C, the registrar-general must-- 6
(a) make a note, in the entry closed for reregistering the birth (the 7
"closed entry"), to show the birth has been reregistered; and 8
(b) make a note, in the entry containing particulars of the 9
reregistration (the "new entry"), to show the new entry was 10
made under section 29B or 29C. 11
`(2) The registrar-general must-- 12
(a) in the note made in the closed entry--include a reference to the 13
new entry; and 14
(b) in the note made in the new entry--include a reference to the 15
closed entry. 16
`(3) A note made under subsection 1(a) or (b) must be made in the 17
margin, or in the place set aside for notes, in the entry.'. 18
18. Section 42(1), `An alteration'-- 19
omit, insert-- 20
`A correction'. 21
9 See section 29D (Notes about reregistration of births) for requirements about
reregistering births.
23
Statute Law (Minor Amendments)
SCHEDULE (continued)
19. Section 42(2), from `by ruling through'-- 1
omit, insert-- 2
`under subsection (3B)'. 3
20. Section 42(3), after `be corrected by the registrar-general'-- 4
insert-- 5
`under subsection (3B)'. 6
21. Section 42(3), `by making, signing and dating an entry in the 7
margin containing the correct particulars'-- 8
omit. 9
22. Section 42-- 10
insert-- 11
`(3B) The registrar-general may correct an entry in a register mentioned 12
in subsection (2) or (3)-- 13
(a) in the way prescribed under a regulation; or 14
(b) by cancelling the entry in the way prescribed under a regulation 15
and, if the registrar-general considers it is appropriate to make a 16
new entry in the register, making the new entry. 17
`(3C) After correcting an entry in the way mentioned in 18
subsection (3B)(a), the registrar-general may, if the registrar-general 19
considers it appropriate, cancel the entry in the way prescribed under a 20
regulation and make a new entry in the register.'. 21
22
Explanatory note
23
Amendment 1 inserts a new definition consequential on amendment 2.
24
Amendment 2 inserts a provision allowing certain marriages solemnised on boats at
25
sea to be treated as being solemnised in Queensland so that the marriages can be
24
Statute Law (Minor Amendments)
SCHEDULE (continued)
1
registered in Queensland.
2
Amendments 3 to 22 relate to the introduction of an enhanced computer system
3
(LIFEDATA) in the births, deaths and marriages registry and the undertaking of
4
associated initiatives involving the transfer of data from paper to computer databases
5
for certain records (`electronic backcapture').
6
The amendments help to facilitate the initiatives.
SECOND-HAND DEALERS AND COLLECTORS ACT 7
´
1984 8
Amendment 9
1. Section 30-- 10
omit, insert-- 11
`Days and hours of business 12
`30. A person must not carry on business as a collector-- 13
(a) on a Sunday or public holiday; or 14
(b) except between 7 am and 6 pm on any other day.'. 15
2. Section 43-- 16
omit. 17
18
Explanatory note
19
Amendment 1 updates a section about the trading hours of collectors to take account
20
of the Trading (Allowable Hours) Act 1990.
21
Amendment 2 omits provisions made redundant by the Trading (Allowable Hours) Act
22
1990. The allowable trading hours of second-hand dealers are now regulated by that
23
Act.
25
Statute Law (Minor Amendments)
SCHEDULE (continued)
EWERAGE AND WATER SUPPLY ACT 1949 1
´S
Amendment 2
1. Section 15(5)-- 3
omit, insert-- 4
`Restricted plumber's or drainer's licence 5
`15A.(1) The holder of a restricted plumber's or drainer's licence (a 6
"restricted licence") may carry out plumbing or drainage work decided by 7
the Board in accordance with conditions decided by the Board. 8
`(2) The work that may be carried out under a restricted licence, and the 9
conditions of the licence, must be stated in the licence. 10
`(3) The Board may issue a restricted licence only if satisfied the 11
applicant for the licence has the necessary knowledge and skills to be issued 12
a licence.'. 13
14
Explanatory note
15
This amendment gives the Plumbers and Drainers Examination and Licensing Board
16
flexibility to issue restricted licences for work that does not need the skills of a fully
17
qualified plumber or drainer.
18
Issue of restricted licences may, for example, be appropriate to permit the
19
installation of irrigation systems, reconnection of water pipes to hot water systems by
20
electricians, and work incidental to other trades--particularly in remote areas where
21
there may not be sufficient work for a fully qualified plumber.
22
The Board can impose conditions on a licence and must ensure that an applicant has
23
the necessary knowledge and skills to perform the work before issuing a licence.
26
Statute Law (Minor Amendments)
SCHEDULE (continued)
TRANSPORT OPERATIONS (MARINE POLLUTION) 1
´
ACT 1995 2
Amendment 3
1. Section 27(1), `into coastal waters'-- 4
omit. 5
2. Section 30-- 6
insert-- 7
`(2) In this section-- 8
"ship" means-- 9
(a) an oil tanker with a gross tonnage of 150 tons or more; or 10
(b) a ship, other than an oil tanker-- 11
(i) with a gross tonnage of 400 tons or more; or 12
(ii) with a gross tonnage of 150 tons or more that carries oil in a 13
portable tank with a capacity of 400 litres or more.'. 14
3. Section 38(3)-- 15
omit, insert-- 16
`(3) If a prescribed oil-like substance is carried on an oil tanker, part 4 17
applies to the substance as if the substance were oil.'. 18
19
Explanatory Note
20
Amendment 1 removes unnecessary words from a provision.
21
Under section 30 of the Act, there is an obligation to keep shipboard oil pollution
22
emergency plans on ships. Amendment 2 limits the operation of the section to larger
23
ships.
24
Section 38 is in part 5 of the Act which deals with noxious liquid substances. Under
27
Statute Law (Minor Amendments)
SCHEDULE (continued)
1
section 38, certain oil-like substances are treated as if they are oil. Amendment 3
2
amends section 38(3) to remove any doubt about the application of the defence
3
provisions in part 4, which deals with oil, to the substances.
TRANSPORT OPERATIONS (MARINE SAFETY) ACT 4
´
1994 5
Amendment 6
1. Section 157(1)(c)-- 7
omit, insert-- 8
`(c) police officers or a class of police officers;'. 9
2. Sections 224(5), 225(2), 228(3) and 229(3), `6 months'-- 10
omit, insert-- 11
`1 year'. 12
13
Explanatory note
14
Amendment 1 makes it clear that a class of police officers, rather than individual
15
officers, may be appointed as shipping inspectors.
16
Amendment 2 extends the expiry time for approvals, consents, licences, permits and
17
ship registrations in force under the Queensland Marine Act 1958.
18
Under transitional arrangements in the Transport Operations (Marine Safety) Act
19
1994, these were continued in force for a limited time to allow equivalent
20
instruments to be issued under the 1994 Act. However, because of the number of
21
instruments involved (there are, for example, over 341 000 speed boat drivers'
22
licences) and the need to deal separately with each instrument, it has become
23
necessary to extend this time by 6 months.
28
Statute Law (Minor Amendments)
SCHEDULE (continued)
WINE INDUSTRY ACT 1994 1
´
Amendment 2
1. Section 65(3), `1 year'-- 3
omit, insert-- 4
`3 years'. 5
6
Explanatory note
7
Section 17 of the Act provides that a licensee is authorised to sell the licensee's
8
wine in a sealed container only if the container has a label stating the matters
9
prescribed under a regulation. The Wine Industry Regulation 1995, section 5 specifies
10
the matters that must be stated on a sealed container in which a licensee's wine is
11
sold or supplied.
12
Section 65 of the Act allows transitional regulations to be made for 1 year after the
13
commencement of the Act. The amendment to section 65(3) allows transitional
14
regulations to be made for 3 years after the Act commences. The additional time is
15
needed to allow the wine industry sufficient time to make appropriate transitional
16
arrangements for the labelling of wine.
17
The regulation was recently amended by the insertion of a new transitional provision,
18
section 22. Section 22 allows a licensee to sell the licensee's wine in a sealed
19
container, even if the label does not state the matters mentioned in section 5 of the
20
regulation, if the container was labelled before 1 September 1995. The amendment
21
to the Act allows this transitional provision to continue for 3 years (rather than the
22
existing 1 year) and saves the wine industry the considerable burden and expense of
23
re-labelling existing vintages that would otherwise have been required to comply
24
with the Act and regulation.
25
© State of Queensland 1995
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