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Justice and Other Legislation Amendment Bill 2008
Justice and Other Legislation Amendment
Bill 2008
Explanatory Notes for amendments to be
moved during consideration in detail by the
Honourable Kerry Shine MP Attorney-General
and Minister for Justice and Minister Assisting
the Premier in Western Queensland
Title of the Bill
The Justice and Other Legislation Amendment Bill 2008.
Objectives of the Amendments
The objective of the amendments is to clarify the Bill to ensure that it
operates in the manner intended.
Consistency with Fundamental Legislative Principles
The amendments do not conflict with Fundamental Legislative Principles.
Consultation
There has been consultation with the Department of the Premier and
Cabinet.
Notes on Provisions
Amendment 1 amends clause 14 to insert a new definition of "food donor"
in section 38 of the Civil Liability Act 2003. The effect of the amendment is
to remove the current requirement in the new section 38A, which is
inserted by clause 15, for a food donor distributor to provide the food to a
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Justice and Other Legislation Amendment Bill 2008
community organisation. The new definition will allow the food donor
protections to apply where an entity distributes donated food to another
entity provided the relevant conditions in the definition and new section
38A are met. These conditions include, for example, that the food was
distributed in good faith for a charitable, benevolent, philanthropic or
similar purpose with the intention that the consumer of the food would not
have to pay for it and the food was safe to consume when it left the
distributor's possession.
Amendment 2 amends clause 15 consequential to Amendment 1.
Amendment 3 amends clause 38 to ensure that section 17 of the District
Court of Queensland Act 1967 allows a person who is, or has been, a judge
of a Supreme Court of another State to be appointed as an acting judge of the
District Court for a period of up to one year.
Amendments 4 and 5 amend clause 57 to ensure that long leave by the
Queensland Workplace Rights Ombudsman is approved in the same
manner as long leave by the president and vice-president of the Queensland
Industrial Relations Commission.
Amendment 6 amends clause 73 to delete subsection (1) as it is no longer
required.
© State of Queensland 2008
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