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1
Justice and Attorney-General (Miscellaneous Provisions)
JUSTICE AND ATTORNEY-GENERAL
(MISCELLANEOUS PROVISIONS) BILL
1994
EXPLANATORY NOTES
GENERAL OUTLINE
Objective of the Legislation
The objective of this Bill is to provide for a number of minor legislative
amendments which will improve various pieces of legislation. They are the
Criminal Justice Act 1989, Evidence Act 1977, Imperial Acts Application
Act 1984, Justices Act 1886, Public Trustee Act 1978, Supreme Court Act
1921, and Supreme Court of Queensland Act 1991.
The legislative amendments have two elements in common:
· they relate to statutes administered by the Minister for
Justice and Attorney-General and Minister for the Arts; and
· they do not modify the underlying philosophy or direction of the
statutes that are being amended.
Reasons for the Bill
The Department of Justice and Attorney-General is responsible for the
administration of 172 statutes and, as a result, there is a necessity for a large
number of technical amendments to be regularly made to various legislative
provisions to ensure that the statutes continue to operate in the manner
intended.
To ensure that this occurs, a regular Departmental Miscellaneous
Provisions Bill is prepared so that the technical amendments needed can be
effected by means of one statute. This ensures that much needed statutory
reform is not delayed and that the time of the Parliament is not
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Justice and Attorney-General (Miscellaneous Provisions)
unnecessarily expended on dealing with a number of disparate pieces of
legislation each of which would be of a relatively minor nature.
Estimated Cost for Government Implementation
The Bill will not entail the expenditure of extra funds, and in fact a
number of the amendments should result in savings for Government in
both time and money.
Consultation
Consultation was conducted with relevant government agencies, the
Courts, the Litigation Reform Commission, the Queensland Law Society
and the Bar Association of Queensland in relation to particular amendments
in which they had an interest.
NOTES ON PROVISIONS
Clause 1 sets out the short title of the Bill.
Clause 2 provides for the commencement of the Bill.
Clause 3 states that Acts are amended by the Schedule, and declares
section 5(7) of the Public Trustee Act 1978 to be a section to which section
20A ("Repeal does not end saving, transitional or validating effect, etc") of
the Acts Interpretation Act 1954 applies.
SCHEDULE - AMENDMENTS
Amendments to the Criminal Justice Act 1989
Amendment 1 omits a reference to a provision that has been repealed.
Amendment 2 amends a provision about the persons to whom reports
about various courts are to be given. A paragraph about the Children's
Court was recently inserted in the provision. This amendment inserts a
reference to the new paragraph.
Amendment 3 recasts a provision containing four definitions by
separating the definitions and listing them in alphabetical order.
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Justice and Attorney-General (Miscellaneous Provisions)
Amendment 4 omits some unnecessary words in accordance with
current drafting practices.
Amendment 5 inserts a provision clarifying that the Commission is a
statutory body for the purposes of the Financial Administration and Audit
Act 1977.
Amendment to the Evidence Act 1977
This amendment enables the principal officer of an agency to delegate his
or her functions under section 134A of that Act.
Amendment to the Imperial Acts Application Act 1984
Amendment 1 omits a provision which prohibited the service of civil
process on Sundays. This amendment will accordingly enable service on
Sundays, and will ease the confusion on Sunday service with respect to
documents coming from, and going to, interstate.
Amendment 2 is a consequential amendment flowing from amendment
1.
Amendment to the Justices Act 1886
This amendment gives Magistrates the discretion to sit at any place
within their district or division. Prior to the amendment, a Regulation was
required to be made before a Magistrate could sit other than at a designated
place.
Amendments to the Public Trustee Act 1978
Amendment 1 recasts the long title to reflect the purposes of the Act.
Amendment 2 omits section 5, a redundant provision, effecting statute
law revision in accordance with current legislative drafting practices.
Amendment 3 omits a number of definitions:
· the omission of "Deputy Public Trustee" and Public Trustee"
reflects changes to the structure of the Public Trust Office as a
result of implementation of recommendations of the Public
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Justice and Attorney-General (Miscellaneous Provisions)
Sector Management Commission. (See amendment 4 which
inserts a new definition for "Public Trustee".)
· "estate under administration", "mortgage", "registering
authority" and "trust" are omitted. (See amendment 4 which
inserts new definitions for these terms.)
Amendment 4 inserts a number of definitions:
· the new definition of "Corporation" and the recasting of the
definition of "Public Trustee" reflect changes to the structure
of the Public Trust Office as a result of implementation of
recommendations of the Public Sector Management
Commission. (See also amendments 7 and 8.)
· the recasting of the definitions of "estate under administration",
"mortgage", "registering authority" and "trust", and the new
definitions of "mortgagee", "mortgagor", and "trustee" are in
accordance with current legislative drafting practices.
Amendment 5 adds words to the definition of "Order to Administer" to
clarify and facilitate the ability of the Public Trustee to act as joint executor.
(See also amendments 19, 24, 26, 28 and 100.)
Amendment 6 adds extra words to the definition of "property" to
reinforce the ability of the Public Trustee to deal with property in other
jurisdictions.
Amendment 7 recasts the heading to Part 2 in view of the amendments
to this Part by virtue of this Bill.
Amendment 8 omits sections 7 to 11, replacing them with sections 7, 8,
9, 10, 11, 11A, 11B, 11C, 11D and 11E. These amendments reflect
changes to the structure of the Public Trust Office as a result of
implementation of recommendations of the Public Sector Management
Commission, and effect statute law revision in accordance with current
legislative drafting practices.
· The new section 7 refers to the Public Trustee and the Public
Trust Office.
· The new section 8 sets out the capacity and powers of the
Corporation of The Public Trustee.
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Justice and Attorney-General (Miscellaneous Provisions)
· The new section 9 contains provisions in relation to the Public
Trustee as an individual.
· The new section 10 enables the Governor in Council to appoint an
Acting Public Trustee.
· The new section 11 contains provisions in relation to the staff of
the Public Trust Office.
· The new section 11A makes provision in respect of delegation of
the Public Trustee's powers.
· The new section 11B contains provisions in relation to the Public
Trustee's seal and facsimiles of the seal.
· The new section 11C provides that section 227 of the Property
Law Act 1974 applies to the Public Trustee.
· The new section 11D contains evidentiary provisions.
· The new section 11E prohibits a bond or other security being
required from the Public Trustee for appointment to or acting in
an office or capacity under the Act.
Amendment 9 omits section 13 and 14. Section 13 has been superseded
by new provisions of this Bill, and section 14 is a redundant provision now
provided for in the Acts Interpretation Act 1954.
Amendment 10 effects statute law revision in relation to forms in
accordance with current legislative drafting practices.
Amendments 11 to 14 effect statute law revision in accordance with
current legislative drafting practices.
Amendment 15 omits a redundant provision.
Amendment 16 effects statute law revision in accordance with current
legislative drafting practices.
Amendment 17 omits a redundant provision.
Amendment 18 recasts section 25, adding a new provision enabling the
Minister to direct that all or part of amounts held in the Unclaimed Moneys
Fund for twenty years or more be paid to the Consolidated Fund.
Additionally the section has been re-drafted in accordance with current
legislative drafting practices. (See also amendment 93.)
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Justice and Attorney-General (Miscellaneous Provisions)
Amendment 19 adds a new section 27A to clarify and facilitate the ability
of the Public Trustee to act as joint executor. Additionally the section has
been re-drafted in accordance with current legislative drafting practices.
(See also amendments 5, 24, 26, 28 and 100.)
Amendment 20 effects statute law revision in accordance with current
legislative drafting practices.
Amendment 21 increases a monetary limit.
Amendments 22 and 23 effect statute law revision in relation to forms in
accordance with current legislative drafting practices.
Amendment 24 omits words to complement amendments in this Bill
clarifying and facilitating the ability of the Public Trustee to act as joint
executor. (See also amendments 5, 19, 26, 28 and 100.)
Amendment 25 increases a monetary limit.
Amendment 26 omits a word to complement amendments in this Bill
clarifying and facilitating the ability of the Public Trustee to act as joint
executor. (See also amendments 5, 19, 24, 28 and 100.)
Amendment 27 effects statute law revision in relation to forms in
accordance with current legislative drafting practices.
Amendment 28 omits a word to complement amendments in this Bill
clarifying and facilitating the ability of the Public Trustee to act as joint
executor. (See also amendments 5, 19, 24, 26, and 100.)
Amendment 29 increases a monetary limit.
Amendment 30 is designed to apply to estates which have a small
amount in cash assets plus a house. This amendment will give the option to
collect the cash and enter a Transmission by Death with the Original Will
under the Land Title Act 1994. The option eliminates the costs associated
with an application to the Supreme Court for an Order to Administer which
in many instances would exceed the cash assets.
Amendment 31 omits the proviso to section 36(1), and adds new
provisions (1A) and (1B):
· (1A) effects statute law revision in accordance with current
legislative drafting practices; and
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Justice and Attorney-General (Miscellaneous Provisions)
· the new (1B) clarifies that the "acts and things" which the Public
Trustee may do includes withdrawing money from bank
accounts.
Amendment 32 adds extra words to assist the Public Trustee to preserve
the value of a personal estate, and effects statute law revision in accordance
with current legislative drafting practices.
Amendments 33, 34, and 35 omit references to telegrams.
Amendments 36 and 37 omit redundant provisions.
Amendment 38 increases a monetary limit.
Amendment 39 corrects a typographical error.
Amendments 40, 41, 42, 43, and 44 increase monetary limits.
Amendment 45 reflects amendments to section 59, by virtue of this Bill,
which enable Magistrates to sanction the compromise of actions.
Amendment 46 replaces two definitions currently in section 59(9)(b).
(See amendment 54, which omits the current definitions.)
· The definition of "Court" is re-drafted for the purpose of enabling
Magistrates to sanction the compromise of actions, and enabling
Courts to deal with compromises up to the limit of their
respective jurisdictions.
· The definition of "taxing officer" is re-drafted in accordance with
current drafting practices.
Amendment 47 enables Magistrates to sanction the compromise of
actions.
Amendment 48 recasts the end of section 59(1), enabling Courts to make
directions in matters up to the limit of their respective jurisdictions.
Amendment 49 enables all Courts to make directions in matters up to the
limit of their respective jurisdictions.
Amendment 50 reflects the possibility of compromises of actions having
been sanctioned by Magistrates.
Amendment 51 enables all Courts to make directions in matters up to the
limit of their respective jurisdictions.
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Justice and Attorney-General (Miscellaneous Provisions)
Amendment 52 effects statute law revision in respect of forms in
accordance with current legislative drafting practices.
Amendment 53 enables all Courts to make directions in matters up to the
limit of their respective jurisdictions.
Amendment 54 omits the definitions of "court" and "taxing officer",
which are re-defined by amendment 46.
Amendments 55 and 56 replace dollar penalties with penalty units in
accordance with current drafting practices.
Amendment 57 replaces dollar penalties with penalty units and recasts
the provision in accordance with current drafting practices.
Amendment 58 omits a redundant provision.
Amendments 59 and 60 effect statute law revision in relation to forms in
accordance with current legislative drafting practices.
Amendment 61 omits words which are redundant.
Amendment 62 effects statute law revision in relation to forms in
accordance with current legislative drafting practices.
Amendment 63 increases a monetary limit.
Amendments 64 and 65 effect statute law revision in relation to forms in
accordance with current legislative drafting practices.
Amendment 66 increases a monetary limit.
Amendment 67 effects statute law revision in relation to forms in
accordance with current legislative drafting practices.
Amendment 68 effects statute law revision in accordance with current
legislative drafting practices.
Amendments 69, 70, 71, and 72 increase monetary limits.
Amendment 73 adopts terminology from the Penalties and Sentences
Act 1992.
Amendment 74 effects statute law revision in relation to forms in
accordance with current legislative drafting practices.
Amendment 75 adopts terminology from the Penalties and Sentences
Act 1992.
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Justice and Attorney-General (Miscellaneous Provisions)
Amendment 76 effects statute law revision in relation to forms in
accordance with current legislative drafting practices.
Amendments 77 and 78 are consequential amendments flowing from
amendment 75.
Amendments 79 and 80 effect statute law revision in relation to forms in
accordance with current legislative drafting practices.
Amendment 81 omits a redundant provision.
Amendment 82 adopts terminology from the Penalties and Sentences
Act 1992.
Amendment 83 effects statute law revision in accordance with current
legislative drafting practices.
Amendment 84 effects statute law revision in relation to forms in
accordance with current legislative drafting practices.
Amendments 85 and 86 increase monetary limits.
Amendments 87, 88 and 89 replace dollar penalties with penalty units.
Amendments 90 and 91 increase monetary limits.
Amendment 92 omits a redundant provision.
Amendment 93 inserts a new section, providing that where a person
claims to be entitled to receive any money which had been placed in the
Unclaimed Moneys Fund more than 20 years ago, the Treasurer shall pay
the claim out of the Consolidated Fund upon the notification by the Public
Trustee that he or she is satisfied that the person is entitled to receive such
money. (See also amendment 18)
Amendment 94 replaces dollar penalties with penalty units.
Amendment 95 effects statute law revision in accordance with current
legislative drafting practices.
Amendment 96 omits reference to the Commissioner of Corporate
Affairs which no longer exists under that title.
Amendment 97 omits a redundant provision.
Amendment 98 adds words to clarify the meaning of "judge".
Amendment 99 omits a redundant provision.
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Justice and Attorney-General (Miscellaneous Provisions)
Amendment 100 adds a provision clarifying and facilitating the ability of
the Public Trustee to act as joint executor. (See also amendments 5, 19, 24,
26 and 28.)
Amendment 101 omits a redundant provision now provided for in the
Acts Interpretation Act 1954.
Amendment 102 replaces dollar penalties with penalty units.
Amendment 103 adds a new section 141A enabling the Public Trustee to
approve forms.
Amendment 104 recasts section 142 in accordance with current
legislative drafting practices.
Amendment 105 omits subsection (f), which has been superseded by
new section 141A.
Amendment 106 omits subsections (3) and (4). Subsection (3) has been
superseded by new section 141A, and (4) is now redundant.
Amendment 107 inserts a transitional provision providing for references
to "Public Curator" to be read as "Public Trustee".
Amendment 108 omits the Schedules which are no longer necessary in
view of new section 141A.
Amendments to the Supreme Court Act 1921
Amendment 1 omits the definition "This Act" in accordance with current
drafting practices.
Amendment 2 effects statute law revision in accordance with current
drafting practices.
Amendment 3 inserts a new subsection (4A) clarifying the relationship
between section 11(4) and section 6(4) and bringing the tabling and
disallowance provisions into line with current practices and the provisions
of the Statutory Instruments Act 1992.
Amendment 4 effects statute law revision in accordance with current
drafting practices by omitting references to obsolete bodies.
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Justice and Attorney-General (Miscellaneous Provisions)
Amendments to the Supreme Court of Queensland Act 1991
Amendments 1 - 5 remove the duplication of audit and accountability
requirements already provided for under the Financial Administration and
Audit Act 1977 by removing sections 48, 52, 53, 54, 55, 93, 95, 96 and 98,
and inserting new sections 54, 55 and 98.
© The State of Queensland 1994