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1
Justice and Attorney-General (Miscellaneous Provisions)
JUSTICE AND ATTORNEY-GENERAL
(MISCELLANEOUS PROVISIONS) BILL
1995
EXPLANATORY NOTES
GENERAL OUTLINE
Objective of the Legislation
The objective of this Bill is to provide for a number of minor or technical
legislative amendments which will improve various pieces of legislation.
They are:
· Acts Interpretation Act 1954
· Commissions of Inquiry Act 1950
· Electoral Act 1992
· Judges (Pensions & Long Leave) Act 1957
· Justices Act 1886
· Justices of the Peace and Commissioners for Declarations Act
1991
· Oaths Act 1867, Oaths Act Amending Acts 1876, 1884 and 1891
· Supreme Court of Queensland Act 1991
Reasons for the Bill
The Department of Justice and Attorney-General is responsible for the
administration of some 157 statutes and, as a result, there is a necessity for
a large number of minor or technical amendments to be made regularly to
various legislative provisions to ensure that the statutes continue to operate
in the manner intended.
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Justice and Attorney-General (Miscellaneous Provisions)
To ensure that this occurs a regular departmental Miscellaneous
Provisions Bill is prepared so that the minor or technical amendments
needed can be effected by means of one statute. This ensures that much
needed statutory reform is not delayed and the time of the Parliament is not
unnecessarily expended on dealing with a number of disparate pieces of
legislation each amendment of which would be of a relatively minor nature.
Estimated Cost for Government Implementation
There will be no cost for Government.
Consultation
Consultation was conducted with relevant government agencies, the
courts, the Litigation Reform Commission, the Queensland Law Society
and the Bar Association of Queensland and the Clerk of the Parliament in
relation to particular amendments in which they had an interest.
Notes on Provisions
Part 1--Preliminary
Clause 1 sets out the short title of the Bill.
Part 2--Amendment of Acts Interpretation Act 1954
Clause 2 states that this Part amends the Acts Interpretation Act 1954.
Clause 3 omits section 29A and inserts a new section 29A of the Acts
Interpretation Act 1954 which has regard to the provisions of sections 6 and
10 of the Parliamentary Papers Act 1992 and allows reports (and parts of
reports) to be tabled out of session at the most appropriate time.
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Justice and Attorney-General (Miscellaneous Provisions)
Clause 4 amends section 33A(3) to provide that the subsection does not
apply to the Acts Interpretation Act 1954.
Clause 5 inserts a definition of "Speaker" into section 36 of the Acts
Interpretation Act 1954.
Clause 6 relocates section 48 (Mode of pleading affirmation instead of
oath) to the Oaths Act 1867 as section 42.
Clause 7 omits the heading of section 52(2) and relocates sections 52(1)
and (2) (as amended) to the Oaths Act 1867 as sections 5A(1) and (2).
Part 3--Amendment of Commissions of Inquiry Act 1950
Clause 8 states that this Part amends the Commissions of Inquiry Act
1950.
Clause 9 omits section 26, the regulation making power.
Clause 10--
· omits section 32 of the Commissions of Inquiry Act 1950 and
inserts a new section 32 that provides that a report received by a
Minister under this Act may be tabled in the Legislative
Assembly. This will allow section 29A of the Acts Interpretation
Act 1954 (as amended) to operate.
· inserts a new regulation making power (new section 33) drafted
in accordance with modern drafting practice.
Part 4--Amendment of Electoral Act 1992
Clause 11 states that this Part amends the Electoral Act 1992
Clause 12 amends section 111(1) to change "elector visitor" (which is
incorrect) to "electoral visitor".
Clause 13 omits and inserts a new section 172(1) and (2). The new
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Justice and Attorney-General (Miscellaneous Provisions)
section 172(1) creates an offence in relation to people who fail to promptly
post or send by facsimile a request by an electoral visitor voter to vote as an
electoral visitor voter, in addition to the existing offence in relation to people
who fail to promptly post or send by facsimile a request by a postal voter
for a ballot paper and declaration envelope. Section 172(2) (failure to
promptly post a declaration envelope) has been redrafted in accordance with
current drafting practice.
Part 5--Amendment of Judges (Pensions & Long Leave)
Act 1957
Clause 14 states that the Part amends the Judges (Pensions & Long
Leave) Act 1957.
Clause 15 omits and inserts a new section 15(5) of the Judges (Pensions
& Long Leave) Act 1957 to provide that where a judge is entitled to
additional leave of not less than six months he or she can take it with the
Governor-in-Council's approval in two or more separate periods.
Part 6--Amendment of Justices Act 1886
Clause 16 states that this Part amends the Justices Act 1886.
Clause 17 inserts a new section 268A into the Justices Act 1886 to
remove any doubt as to the validity of the approval of certain forms
approved on 18 June 1993.
Clause 18 amends section 269 to provide it is a law to which section
20A of the Acts Interpretation act 1954 applies and then omits section 269
(as amended).
Clause 19 inserts a new section 271 whose purpose is to remove any
doubt and declare that, despite the enactment of the Justice Legislation
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Justice and Attorney-General (Miscellaneous Provisions)
(Miscellaneous Provisions) Act 1992:
· the boundaries of each Magistrates Courts district or division
before the commencement of the relevant provision of the Justice
Legislation (Miscellaneous Provisions) Act 1992 continued to be
the boundaries for the district or division;
· a division of the Brisbane district continued to be a district; and
· every place appointed in each division of the Brisbane district
continued to be a place appointed for holding a Magistrates Court.
Part 7--Amendment of Justices of the Peace and
Commissioners for Declarations Act 1991
Clause 20 states that this Part amends the Justices of the Peace and
Commissioners for Declarations Act 1991.
Clause 21 amends section 5 of the Justices of the Peace and
Commissioners for Declarations Act 1991 to change the membership
structure of the Justice of the Peace Council.
Clause 22 omits section 12 and inserts a new section 12 which enables
the appointment of deputy registrars as well as the registrar of Justices of
the Peace and Commissioners for Declarations. Deputy registrars may
exercise the powers of the registrar.
Clause 23(1) omits the words "upon the recommendation of the
Minister" in section 16(1);
(2) amends section 16 the Justices of the Peace and Commissioners for
Declarations Act 1991 by inserting a new subsection (2) the effect of which
is to allow retired magistrates to apply to be Justices of the Peace
(Magistrates Court) without having to undergo the mandatory training
requirements of section 16(1)(c) of the Act, provided the application for
appointment is made within five years after the date of retirement.
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Justice and Attorney-General (Miscellaneous Provisions)
Part 8--Amendment of Oaths Act 1867
Clause 24 states that the Part amends the Oaths Act 1867.
Clause 25 omits the existing heading and inserts a new heading "Part
1--Preliminary" before section 1 of the Oaths Act 1867 which Part
contains a short title and definition section and inserts a further new heading
"Part 2--Oaths of Office and Allegiance".
Clause 26 omits the existing heading and inserts a new heading before
section 6 of the Oaths Act 1867.
Clause 27 omits the existing heading and inserts a new heading before
section 13 of the Oaths Act 1867.
Clause 28 omits existing section 13 of the Oaths Act 1867 and inserts a
new section 13 in accordance with current drafting practice. The new
provision provides that the section applies to a declaration taken for
Queensland law, wherever it is taken.
Clause 29 omits the headings before sections 14 and 15 of the Oaths Act
1867.
Clause 30 omits the existing heading and inserts a new heading before
section 17 of the Oaths Act 1867.
Clause 31 omits the headings before sections 18 and 19 and the headings
to sections 18(2) and 19(2) of the Oaths Act 1867.
Clause 32 omits the existing heading and inserts a new heading before
section 21 of the Oaths Act 1867.
Clause 33 omits the headings before sections 23, 24, 26, 28, 29, 31 and
34 of the Oaths Act 1867.
Clause 34(1) inserts a heading for section 29 of the Oaths Act 1867;
(2) omits the heading before the words "Foreign witness" in section
29(1) of the Oaths Act 1867.
Clause 35 omits the existing heading and inserts a new heading before
section 32 of the Oaths Act 1867.
Clause 36 omits section 35 of the Oaths Act 1867 (Commencement of
Act--Short Title) and the heading before the section and inserts a new
section 42 which provides that references in any Act or document to the
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Justice and Attorney-General (Miscellaneous Provisions)
Oaths Act Amendment Act 1876, Oaths Act Amendment Act 1884 or the
Oaths Act Amendment Act 1891 is taken as a reference to the corresponding
provision of this Act.
Part 9--Amendment of Oaths Act Amendment Act 1876
Clause 37 states that this Part amends the Oaths Act Amendment Act
1876.
Clause 38 relocates sections 3 and 4 of the Oaths Act Amendment Act
1876 into the Oaths Act 1867 as sections 35 and 36.
Part 10--Amendment of Oaths Act Amendment Act 1884
Clause 39 states that this part amends the Oaths Act Amendment Act
1884.
Clause 40 omits the reference to "2" in section 3 of the Oaths Act
Amendment Act 1884 and inserts "37".
Clause 41 relocates sections 2 and 3 (as amended) of the Oaths Act
Amendment Act 1884 to the Oaths Act 1867 as sections 37 and 38.
Part 11--Amendment of Oaths Act Amendment Act 1891
Clause 42 states that this Part amends the Oaths Act Amendment Act
1891.
Clause 43 omits the reference to "1" in section 2 of the Oaths Act
Amendment Act 1891 and replaces it with "39".
Clause 44 omits section 3 of the Oaths Act Amendment Act 1891 and
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Justice and Attorney-General (Miscellaneous Provisions)
substitutes a new provision dealing with who may take affidavits.
Clause 45 relocates sections 1 to 3 of the Oaths Act Amendment Act 1891
to the Oaths Act 1867 as sections 39, 40 and 41.
Clause 46 relocates the Schedule to the Oaths Act Amendment Act 1891
into the Oaths Act 1867.
Part 12--Amendment of Supreme Court of Queensland Act
1991
Clause 47 states that this Part amends the Supreme Court of Queensland
Act 1991.
Clause 48 makes amendments to the Schedule to the Supreme Court of
Queensland Act 1991 to remove any doubt as to which part of the Supreme
Court Act 1921 is being repealed.
Part 13--Repeals
Clause 49 repeals the Oaths Act Amendment Act 1876, the Oaths Act
Amendment Act 1884 and the Oaths Act Amendment Act 1891.
© The State of Queensland 1995