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1
Justice and Other Legislation (Miscellaneous
Provisions) Bill 2002
JUSTICE AND OTHER LEGISLATION
(MISCELLANEOUS PROVISIONS) BILL
2002
EXPLANATORY NOTES
General Outline
Short Title
The short title of the Bill is the Justice and Other Legislation
(Miscellaneous Provisions) Bill 2002.
Objectives of the Legislation
The Attorney-General is responsible for the administration of over 100
statutes and, as a result, there is a necessity for a large number of minor or
technical amendments to be regularly made to various legislative
provisions.
To ensure this occurs, an annual Justice and Other Legislation
(Miscellaneous Provisions) Bill is prepared so that minor or technical
amendments needed can be effected through one statute. This ensures that
much needed statutory reform is not delayed and that the time of the
Parliament is not wasted on dealing with a number of minor statute
amendments.
The amendments contained in the Justice and Other Legislation
(Miscellaneous Provisions) Bill 2002 ("the Bill) have several elements in
common:
· they generally relate to statutes administered by the Attorney-
General and Minister for Justice;
· they have the purpose of increasing operational efficiency; and
· they do not modify the major underlying policy or direction of
the statutes that are being amended.
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Justice and Other Legislation (Miscellaneous
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The Justice and Other Legislation (Miscellaneous Provisions) Bill 2002
("the Bill") amends the following Statutes:--
· Acts Interpretation Act 1954
· Anti-Discrimination Act 1991
· Appeal Costs Fund Act 1973
· Attorney-General Act 1999
· Bail Act 1980
· Commercial Arbitration Act 1990
· Coroners Act 1958
· Corporations (Queensland) Act 1990
· District Court Act 1967
· Drugs Misuse Act 1986
· Electoral and Other Acts Amendment Act 2002
· Electronic Transactions (Queensland) Act 2001
· Financial Transactions Reports Act 1992
· Gas Pipelines Access (Queensland) Act 1998
· Guardianship and Administration Act 2000
· Judges (Salaries and Allowances) Act 1967
· Judicial Review Act 1991
· Jury Act 1995
· Land and Resources Tribunal Act 1999
· Legal Aid Queensland Act 1997
· Limitations of Actions Act 1974
· Local Government Act 1993
· Magistrates Courts Act 1921
· Penalties and Sentences Act 1992
· Powers of Attorney Act 1998
· Property Law Act 1974
· Public Trustee Act 1978
· Queensland Law Society Act 1952
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Justice and Other Legislation (Miscellaneous
Provisions) Bill 2002
· Registration of Births, Deaths and Marriages Act 1962
· State Penalties Enforcement Act 1999
· Supreme Court Act 1995
· Supreme Court of Queensland Act 1991
· Trustee Companies Act 1968
· Vexatious Litigants Act 1981
Alternatives to the Bill
The alternative to the Bill is not to effect the amendments. If the
amendments are not made, the Acts to be amended will contain outdated
references to legislation or have cumbersome or inoperative provisions.
Generally, the legislation will not work as well as it should. The Bill will
reform (in a minor way) the statutes administered by the Department of
Justice and Attorney-General.
Estimated costs for government implementation
Any financial impact from the development and implementation of
activities or initiatives in the Bill will be met from the department's existing
budget allocation.
Consistency with fundamental legislative principles
Does the Bill have sufficient regard for the rights and liberties of
individuals?
The proposed amendment to the Guardianship and Administration Act
2000 allows police to provide the chief executive with a full criminal
history of people applying for the position of community visitor. This may
be considered as a potential breach of the fundamental legislative principle
of having sufficient regard for the rights and liberties of persons with a
criminal history.
Rehabilitated offenders have protection under the Criminal Law
(Rehabilitation of Offenders) Act 1986 so that disclosure of their previous
criminal history is limited. The proposed amendment overrides the
protection but can be justified on the basis that such community visitors
will be working with a vulnerable group in the community. The chief
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Justice and Other Legislation (Miscellaneous
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executive needs to ensure that the appointed community visitors have
appropriate life histories to work with people with a capacity impairment.
The rights of applicants under the proposed amendment have been
protected by providing that the chief executive can only use the information
obtained through the police checks to assess the applicant's suitability and
for no other purpose.
Does the legislation adversely impose obligations retrospectively?
The proposed amendment to the Public Trustee Act 1978 (the Act) to
retrospectively authorise the Public Trustee to deduct moneys from the
interest earnt from moneys in the Common Fund for operating and capital
expenses is to be retrospective from 1 July 1999. This may be considered a
potential breach of the fundamental legislative principle of not adversely
effecting the rights and liberties of individuals retrospectively. In fact,
there is no breach as no rights are adversely affected. Under the Act, the
beneficiaries, whose moneys are invested by the Public Trustee in the
Common Fund, are entitled to a prescribed rate of return on their
investment. Under the amendment to the Act, the interest to the
beneficiaries is paid before the Public Trustee appropriates money for
operating and capital expenses. There is a general understanding that the
Public Trustee must have a mechanism to pay for operating and capital
expenses. The amendment is essentially to correct an administrative
oversight and to regularise the established practice of the Public Trustee
appropriating moneys for the Public Trust Office's operating and capital
expenses.
This amendment is necessary as a Regulation expired, which previously
gave authority for the deduction of such expenses from the Common Fund,
as it became redundant as a result of amendments in 1999 to the Financial
Administration and Audit Act 1977 (FA&A). The amendment will need to
be retrospective, as the Regulation was made redundant on 1 July 1999.
CONSULTATION
Community and Government
A consultation draft of the Bill was sent to--
· Officers of other relevant Departments and agencies
· The Chief Justice, the Chief Judge (and other Judges of the
District Court of Queensland), the Chief Magistrate and Brisbane
Coroner
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Justice and Other Legislation (Miscellaneous
Provisions) Bill 2002
· The Rules Committee
· The President of the Land and Resources Tribunal
· The President of the Guardianship and Administration Tribunal
· The Adult Guardian
· The Public Trustee
· The Chairperson of the Appeal Costs Fund Board
· The Queensland Anti-Discrimination Commissioner
· The President of the Queensland Law Society
· Association of Australian Owned Funeral Directors
· Australian Funeral Directors
· Queensland Cemeteries and Crematoria Association
The comments of those consulted have informed the drafting of the Bill.
RESULTS OF CONSULTATION
There is complete support for all the amendments.
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Clause 1 sets out the short title of the Act.
Clause 2 provides for commencement. All provisions commence on
assent except for provisions set out in this clause. Clause 8 (an amendment
to the Coroners Act 1958) will commence on proclamation to ensure that
the certificate mentioned in the amendment can be in place prior to
commencement. Clause 56 and 57 (amendments to the State Penalties and
Enforcement Act 1999) will commence on proclamation to allow for a
regulation to be drafted to prescribe the amount of a warrant issue fee.
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Justice and Other Legislation (Miscellaneous
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Clause 45 (an amendment to the Public Trustee Act 1978 to allow the
Public Trust Office to withdraw their operating and capital expenses from
interest earned from investments in the Common Fund) is to be
retrospective from 1 July 1999 as explained under the fundamental
legislative principles heading above.
Clause 34 (which gives the Land and Resources Tribunal the role of
warden and Warden's Court for the Offshore Minerals Act 1988 is to be
retrospective from 14 May 2002. This is the date of introduction for the
Bill. This is a transitional provision to provide a clear date for the Land and
Resources Tribunal to have jurisdiction for matters under the Act. The
retrospective commencement may appear to be a breach of fundamental
legislative principles. This is not a breach, as no people's rights are being
affected by the retrospective nature of the commencement. There are no
matters on foot under the Act.
Schedule 6, to the extent it amends the Corporations (Queensland) Act
1990 and the Electoral and Other Acts Amendment Act 2002, are also to be
retrospective. The retrospective commencement may appear to be a breach
of fundamental legislative principles. It is not a breach, as the retrospective
commencement is only to fix up clerical errors and no people's rights are
being affected.
PART 2--AMENDMENT OF THE
ATTORNEY-GENERAL ACT 1999
Clause 3 provides that the Attorney-General Act 1999 is amended by this
part.
Clause 4 inserts a new section 9A into the Act. The new section
provides that an application for the Attorney-General's fiat must be made in
a way prescribed by regulation.
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Justice and Other Legislation (Miscellaneous
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PART 3--AMENDMENT OF THE CORONERS ACT 1958
Clause 5 provides that the Coroners Act 1958 is amended by this Part.
Clause 6 deletes from section 22(2) the reference to the Cremation Act
1913. The Cremation Act 1913 was repealed in 1996 and its relevant
provisions inserted into the Coroners Act 1958.
Clause 7 deletes section 23(5) which states that nothing in the section
(orders for burial or cremation) derogates or affects the provisions of the
Cremation Act 1913. The clause also inserts a new section 23(5), which
states that the section does not limit the other provisions of the Coroners
Act 1958 about cremation. This is to give effect to the 1996 repeal of the
Cremation Act 1913 and the insertion of its relevant provisions into the
Coroners Act 1958.
Clause 8 inserts a new section 23G. This section provides that certain
sections of the Coroners Act 1958 which deal with the authority to cremate
or bury bodies and the formal pre-requisites to cremation do not apply to
parts of a body of the deceased that may be removed as part of a post
mortem or special examination under the Coroners Act 1958 and which are
not buried or cremated with the body.
Under the Coroners Rules 1959 material taken at coronial post mortem
has to be kept for such period as the coroner thinks fit. Proposed new
section 23G goes on to provide that the entity possessing the body part
taken at the coronial post mortem can issue a certificate that the coroner no
longer requires the remains to be kept. That certificate is sufficient
authority for the subsequent disposal of the body part taken at the coronial
post mortem.
Clause 9 inserts a new section 59AA, which facilitates Queensland
entering into an arrangement for participation in a coronial database. The
Monash University Centre for Coronial Information (MUNCCI) has
developed a National Coronial Database. This amendment will allow the
execution of the relevant arrangements to facilitate Queensland's full
participation in the database.
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Justice and Other Legislation (Miscellaneous
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PART 4--AMENDMENT OF THE DISTRICT COURT
ACT 1967
Clause 10 provides that the District Court Act 1967 is amended by this
Part and Schedule 1.
Clause 11 amends section 14(2) to provide that a judge who, before
retiring, starts hearing a proceeding, remains a judge to finish the
proceedings.
Clause 12 replaces section 36 and provides that the Governor in Council
may appoint registrars, deputy registrars and other officers, including
associates. Further, the Governor in Council is to decide the salary and
conditions of such persons appointed.
Clause 13 replaces section 85 and provides that where proceedings have
commenced in the District Court and the District Court considers the Court
does not have jurisdiction to hear the proceeding, then it may refer the
matter to the Supreme Court. However, if the District Court considers that
the party who started the proceeding knew or ought to have known that the
court did not have jurisdiction, then the court may strike out the proceeding
and order the party to pay the costs of the other party.
Clause 14 inserts a new section 140. The provision is transitional to
ensure that an officer's appointment under section 36 continues to have
effect as if clause 12 had not been enacted.
PART 5--AMENDMENT OF ELECTRONIC
TRANSACTIONS (QUEENSLAND) ACT 2001
Clause 15 provides that the Electronic Transactions (Queensland) Act
2001 is amended by this Part and Schedule 2.
Clause 16 inserts a new section 7A of the Act that restricts the operation
of the Act from a State law or a requirement or a permission of a kind
referred to in the schedule.
Clause 17 inserts a new section 16(3). This subsection is in identical
terms to section 17(3). Section 16 relates to a requirement to produce a
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Justice and Other Legislation (Miscellaneous
Provisions) Bill 2002
document whilst section 17 relates to a permission to produce a document.
Both sections were combined into one section in the model Electronic
Transactions Bill. However, that section was divided into the current
sections 16 and 17 in the Queensland version. During this process, the
integrity requirements in section 17(3) were inadvertently omitted from
section 16.
Clause 18 inserts a new Schedule 1 which sets out state laws,
requirements and permissions to be excluded from the operation of the Act.
The new Schedule 2 is the dictionary.
PART 6--AMENDMENT OF GAS PIPELINES ACCESS
(QUEENSLAND) ACT 1998
Clause 19 provides that the Gas Pipelines Access (Queensland) Act 1998
is amended by this Part.
Clause 20 amends section 25 the Act to replace the reference to
"Premier" with "Minister". These amendments are necessary, as the
Attorney-General has responsibility for Part 4 of the Act under the
Administrative Arrangements Order. Part 4 provides for the establishment
and constitution of the Queensland Gas Appeals Tribunal. The
amendments provide that the Minister (responsible for Part 4 of the Act
under the Administrative Arrangements Order) is to nominate the President
and members of the Queensland Gas Appeals Tribunal.
Clause 21 amends section 28 of the Act to provide that the Minister is to
receive notification of a member's resignation.
PART 7--AMENDMENT OF THE GUARDIANSHIP AND
ADMINISTRATION ACT 2000
Clause 22 provides that the Guardianship and Administration Act 2000
is amended by this Part.
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Justice and Other Legislation (Miscellaneous
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Clause 23 Inserts a new section 230A and 230B in the Act. Section 230A
allows the chief executive to make inquiries about the appropriateness and
competence of people who have applied for appointment as community
visitors under the Act. The section allows the chief executive to ask the
Commissioner of Police to give a written report about the criminal history
of a person who has applied for appointment as a community visitor. The
Commissioner must give the report to the chief executive. This provision is
necessary to allow the full disclosure of the applicant's criminal history.
Section 230B provides that the information provided by the Commissioner
can only be used for the purpose of assessing the applicant's suitability to
be a community visitor.
PART 8--AMENDMENT OF THE JUDGES (SALARIES
AND ALLOWANCES) ACT 1967
Clause 24 provides that the Judges (Salaries and Allowances) Act 1967
is amended by this Part.
Clause 25 amends section 5(3) of the Act to provide that presiding
members of the Land and Resources Tribunal are disqualified from being
appointed as members of the Salaries and Allowances Tribunal. Since the
salary rates of Supreme and District Court judges apply to presiding
members, there is a conflict of interest for presiding members to be on the
Salaries and Allowances Tribunal. The section is also amended to update
its reference to District Court judges.
PART 9--AMENDMENT OF THE JURY ACT 1995
Clause 26 provides that the Jury Act 1995 is amended by this Part.
Clause 27 inserts a new section 4(3)e of the Act that provides that a
person who is or has been a presiding member of the Land and Resources
Tribunal is disqualified from serving as a juror.
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Justice and Other Legislation (Miscellaneous
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Clause 28 amends section 13 of the Act to replace a reference to
"District Courts" with "the District Court" to reflect the name change of the
District Court of Queensland.
Clause 29 amends section 14 of the Act to replace a reference to
"District Courts" with "the District Court" to reflect the name change of the
District Court of Queensland.
PART 10--AMENDMENT OF THE LAND AND
RESOURCES TRIBUNAL ACT 1999
Clause 30 provides that the Land and Resources Tribunal Act 1999 is
amended by this Part.
Clause 31 amends section 9 of the Act to link the retirement age of
presiding members to that of Supreme and District Court judges. This
amendment restates the status quo and accords with government policy that
presiding members' appointment conditions are to be equivalent to those of
Supreme and District Court judges.
Clause 32 corrects a typographical error in section 28 of the Act.
Clause 33 amends section 39(2) of the Act to allow the constitution of a
Land and Resources Tribunal panel to be formed by 2 or more presiding
members. This panel will be known as a standard panel. Currently, section
39 contains several configurations for a panel but has omitted to include the
above panel. This additional panel will strengthen and add flexibility to the
hearing process.
Clause 34 amends section 86 of the Act to include the Offshore Minerals
Act 1998 as a designated Act. This will transfer the functions of the
Wardens Court under the Offshore Minerals Act 1998 to the Land and
Resources Tribunal. This is consistent with Government policy to create a
single dispute resolution forum for all energy resource based projects.
Clause 35 amends Schedule 1 of the Act to allow a presiding member of
the Land and Resources Tribunal to have substantive jurisdiction under
section 363 of the Mineral Resources Act 1989 and the Petroleum Act 1923
(within the Tribunal's jurisdiction). These amendments mean that the
President of the Tribunal will hear any appeals from the presiding
member's decision (section 67 (2) of the Act). Without this amendment,
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the President could constitute the tribunal differently, the effect being that
an appeal of a decision of the Tribunal goes directly to the Court of Appeal.
This appeal process is undesirable as it increases costs to litigants.
PART 11--AMENDMENT OF THE MAGISTRATES
COURTS ACT 1921
Clause 36 provides that the Magistrates Courts Act 1921 is amended by
this Part and Schedule 3.
Clause 37 inserts a new section 5A in the Act. This section provides that
where proceedings have commenced in the Magistrates Court and the
Magistrates Court considers the Court does not have jurisdiction to hear the
proceeding, then it may refer the matter to the District Court. However, if
the Magistrates Court considers that the party who started the proceeding
knew or ought to have known that the court did not have jurisdiction, then
the court may strike out the proceeding and order the party to pay the costs
of the other party.
Clause 38 inserts a new section 57A in the Act. The section provides a
statutory obligation on the Chief Magistrate to prepare an annual report on
the operation of the Magistrates Courts and for the Minister to table it in
Parliament. Both the Supreme and District Courts already have this
obligation. This obligation ensures that the public is informed of the work
of the Magistrates Courts.
PART 12--AMENDMENT OF POWERS OF ATTORNEY
ACT 1998
Clause 39 provides that the Powers of Attorney Act 1998 is amended by
this Part.
Clause 40 amends section 59A by inserting a new heading that better
describes the effect of the section that will cover all cases of a power
ending. The words `under this division' are omitted from section 59A to
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Justice and Other Legislation (Miscellaneous
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allow the effect of the section to apply to all cases where a joint attorney's
power ends.
Clause 41 amends section 85 of the Act to correct a typographical error.
Clause 42 amends schedule 2 section 1 (Financial matter) by inserting
new sub-sections (m), (n), (o) that omit the reference to authorised real
estate transactions, authorised security transactions and the requirement for
the Tribunal's approval to make an unauthorised real estate transaction.
The definition of financial matter is returned to the previous definition of
financial matter in place before the proclamation of the Guardianship and
Administration Act 2000.
PART 13--AMENDMENT OF THE PUBLIC TRUSTEE
ACT 1978
Clause 43 provides that the Public Trustee Act 1978 is amended by this
Part and Schedule 4.
Clause 44 omits section 18 of the Act, as the provision is an obsolete
accounting provision that does not reflect current government accounting
practices.
Clause 45 inserts a new section 19A in the Act that provides from
interest earned on amounts under section 19 of the Act and paid into the
Common Fund and fees and charges received in performing services under
the Act, the Public Trustee shall:
(a) firstly, pay interest to the estates having investments in the
Common Fund; and
(b) after such interest is paid, pay the operating and capital expenses
of the Public Trust Office.
This amendment is necessary as a Regulation, which previously gave
authority for the deduction of such expenses from the Common Fund, lost
effect as a result of amendments in 1999 to the Financial Administration
and Audit Act 1977 (FA&A). The amendment will need to be
retrospective, as the Regulation lost effect on 1 July 1999.
Clause 46 inserts a new section 25A in the Act. The section provides for
a modern financial accountability measure for the Public Trustee's
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Justice and Other Legislation (Miscellaneous
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spending of the withdrawn money. The Public Trust Office must submit a
yearly budget to the Minister for the Minister's approval. The Public
Trustee must not spend more than the amount allowed in its budget unless
the Minister approves the higher amount.
Clause 47 inserts a new section 63A in the Act. This section provides
that the Public Trustee must give the Adult Guardian financial and other
resources necessary to perform the Adult Guardian's functions as approved
by the Minister. In 1998, this provision was inserted in the Powers of
Attorney Act 1998 to provide the Adult Guardian with a source of funding.
At the time of making the provision, it was anticipated that an alternative
method of funding would be developed. For that reason, the provision
sunset on 21 April 2002. However, due to current fiscal restraints, such
alternative funding has not been found. To secure funding for the Adult
Guardian so that the rights and interests of people with impaired capacity
can continue to be protected, the Government has decided that the Public
Trustee should continue to fund the Adult Guardian.
Clause 48 amends section 99A to provide that fees to inspect the
Register of Unclaimed Property are to be fixed by the Public Trustee.
Currently the section provides that fees may be prescribed by way of
regulation. This amendment is necessary to make section 99A consistent
with section 17 of the Act. That section provides that the Public Trustee
may set fees and charges for services it performs by way of gazette notice.
Clause 49 amends section 124 of the Act to correct a reference to the
Land Act 1994.
PART 14--AMENDMENT OF THE QUEENSLAND LAW
SOCIETY ACT 1952
Clause 50 provides that the Queensland Law Society Act 1952 is
amended by this Part.
Clause 51 amends section 5A of the Act to provide that the Queensland
Law Society (Indemnity) Rule 1987 continues to have effect until 30 June
2004.
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Justice and Other Legislation (Miscellaneous
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PART 15--AMENDMENT OF THE STATE PENALTIES
ENFORCEMENT ACT 1999
Clause 52 provides that the State Penalties Enforcement Act 1999 is
amended by this Part.
Clause 53 amends section 10 of the Act to delete the references to
"Director" in the heading in section 10 as no such statutory position exists.
Clause 54 amends section 41(c) of the Act to allow the Registrar to grant
an instalment plan for an enforcement order for amounts under $150. This
allows the Registrar to assist people who are in financial difficulties to pay
a small fine in instalments.
Clause 55 amends section 50 of the Act to make it mandatory for the
Registrar to make a fine option order if the chief executive (Department of
Corrective Services) approves such an order. Under the existing section 50,
the power is discretionary. This amendment is needed for consistency with
sections 43 to 45 of the Act.
Clause 56 amends section 119 to insert a new section 119(5) of the Act.
This subsection provides that if the registrar issues a warrant for arrest
without first taking action under part 5 for which a civil enforcement fee
may be added, then the unpaid fine amount is increased by the amount of
the warrant issue fee. The fee will be $75. The amendment makes it clear
that the fee will only be added if a civil enforcement fee was not charged
under Part 5 of the Act.
Although this appears to be a new fee, it was always intended that such a
fee be charged. However, the fee was inadvertently omitted when drafting
the SPER Bill. Government funding for SPER was made on the basis that
SPER would raise revenue from the charging of this fee. Without this fee,
SPER will be under-funded. A similar fee was included in the previous
SETONS system under the Justices Act 1886.
Clause 57 amends section 137 so it is consistent with section 41(c) of the
Act to be amended by this Bill.
Clause 58 amends section 151(4) of the Act to correct a reference to the
Police Powers and Responsibilities Act 2000.
Clause 59 amends the dictionary in schedule 2 to provide for updated
definitions for "chief executive (corrective services)", "commercial agent"
and a new definition for "warrant issue fee".
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Justice and Other Legislation (Miscellaneous
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PART 16--AMENDMENT OF SUPREME COURT ACT
1995
Clause 60 provides that the Supreme Court Act 1995 is to be amended by
this Part and Schedule 5.
Clause 61 replaces section 210 of the Act provides that the Governor in
Council may appoint registrars, deputy registrars and other officers,
including associates. Further, the Governor in Council decides the salary
and conditions of such persons appointed.
Clause 62 amends section 221 of the Act to omit the word "lawfully" to
clarify that the Supreme Court has the power to award costs in all cases
brought before it.
Clause 63 replaces section 286(2) of the Act to provide that the Supreme
Court is to sit at the times and places decided by the Chief Justice and
notified in the way decided by the Chief Justice. This gives the Supreme
Court greater flexibility in sitting arrangements and takes into account that
practitioners use the internet to access court timetabling.
Clause 64 inserts a new section 302. The provision is transitional to
ensure that an officer's appointment under section 210 continues to have
effect as if clause 61 had not been enacted.
PART 17--AMENDMENT OF SUPREME COURT OF
QUEENSLAND ACT 1991
Clause 65 provides that the Supreme Court of Queensland Act 1991 is
amended by this Part.
Clause 66 amends section 23 of the Act to provide that a judge who
retires at any age may continue in office to finalise any proceedings that are
incomplete.
Clause 67 amends section 81 of the Act to allow the rules of court to
limit the circumstances in which amendments to pleadings to add a new
cause of action or party may be made.
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Justice and Other Legislation (Miscellaneous
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Clause 68 amends section 116C of the Act to update a reference to the
District Court of Queensland Act 1967.
Clause 69 amends section 125 of the Act to update a reference to the
District Court of Queensland Act 1967.
Clause 70 amends schedule 1 of the Act to insert a part 4 that provides
that rules of the court may be made about the disposal or destruction of
matter used in a proceeding and held by the court and is unclaimed. When
such a rule is made, the Court will be able to destroy unclaimed exhibits
and documents that take up valuable Registry space.
PART 18--AMENDMENT OF THE TRUSTEE
COMPANIES ACT 1968
Clause 71 provides that the Trustee Companies Act 1968 is amended by
this Part.
Clause 72 amends Part1 of Schedule 2 of the Act to make Tower Trust
Limited a trustee company in Queensland. The statutory condition of
Tower Trust Limited being a trustee company under section 63 of the Act
(relating to capital and the liability of shareholders and paid up capital of
the company) is that the paid up capital of the company be at least $2M.
This condition is to be inserted in Part 2 of Schedule 2.
PART 19--MISCELLANEOUS
Clause 73 provides for the repeal of the Forgery Act 1833 4 Wm 4 No.4
(NSW) so far as it is part of the laws of Queensland. Under clause XX of
an Order in Council dated 6 June 1859, all laws in operation as of the date
of the Order in Council remain in force until repealed. At that time, the
New South Wales (Forgery) Act 1833 was in force. Since the subject
matter of this Act is now included in the Queensland Criminal Code, the
Act is to be repealed.
Clause 74 provides that Schedule 6 amends the Acts it mentions.
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Justice and Other Legislation (Miscellaneous
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SCHEDULE 1
MINOR AMENDMENTS TO THE DISTRICT COURT
ACT 1967
Schedule 1 makes minor amendments to the District Court Act 1967.
The amendments replace obsolete references to "District Courts" with the
term "the District Court of Queensland".
SCHEDULE 2
MINOR AMENDMENTS TO THE ELECTRONIC
TRANSACTIONS (QUEENSLAND) ACT 2001
Schedule 2 renumbers the schedules in the Act.
SCHEDULE 3
MINOR AMENDMENTS TO THE MAGISTRATES
COURTS ACT 1921
Schedule 3 omits references to "Stipendiary" in the Magistrates Courts
Act 1921.
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SCHEDULE 4
MINOR AMENDMENTS TO THE PUBLIC TRUSTEE
ACT 1978
Schedule 4 updates references to some Acts named in the Public Trustee
Act 1978 and modernises some terms used in the Act.
SCHEDULE 5
MINOR AMENDMENTS TO THE SUPREME COURT
ACT 1995
Schedule 5 omits references to the obsolete term "Circuit Court" used in
the Supreme Court Act 1995 and modernises some terms used in the Act.
SCHEDULE 6
OTHER ACTS
Schedule 6 makes discrete technical amendments to a number of Acts.
The amendments to the Acts Interpretation Act 1954 replace the
definition of "instrument" so it accords with the definition used in the
Statutory Instruments Act 1992 and inserts a definition for "CSIRO".
The amendment to the Anti-Discrimination Act 1991 updates some titles
of Acts referred to in the Act.
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Justice and Other Legislation (Miscellaneous
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The amendments to the Appeal Costs Fund Act 1973 allow the Governor
in Council to set the fees and allowances of members of the Appeal Costs
Board and replaces the term "taxed" with the term "assessed".
The amendment to the Bail Act 1980 updates punctuation used in a
section of the Act.
The amendment to the Commercial Arbitration Act 1990 replaces the
reference to the Supreme Court Rules with the Uniform Civil Procedure
Rules 1999.
The amendment to the Corporations (Queensland) Act 1990 corrects a
typographical error and renumbers some provisions.
The amendment to the Drugs Misuse Act 1986 inserts a new definition of
"intellectually impaired person" that is consistent with the definition in the
Guardianship and Administration Act 2000.
The amendment to the Electoral and Other Acts Amendment Act 2002
rectifies a drafting error.
The amendment to the Financial Transaction Reports Act 1992 updates a
title of an Act referred to in the Act.
The amendment to the Judicial Review Act 1991 updates some titles of
Acts referred to in the Act.
The amendments to the Justices Act 1886 updates some terminology
used in the Act.
The amendments to the Legal Aid Queensland Act 1997 amends a
section to accord with current drafting style and omits some obsolete
references to an Act.
The amendment to the Local Government Act 1993 adds presiding
members of the Land and Resources Tribunal to the list of judiciary that are
not disqualified from adjudicating in a proceeding where a local
government is a party merely because the adjudicator is a ratepayer of the
local government.
The amendment to the Limitation of Actions Act 1974 updates the title of
an Act referred to in the Act.
The amendments to the Penalties and Sentences Act 1992 are for
renumbering purposes and clarify that when a Magistrates Court refers a
fine option contravention to the State Penalties Enforcement Registry for
collection, it must first revoke the Magistrates Court fine option order.
21
Justice and Other Legislation (Miscellaneous
Provisions) Bill 2002
The amendments to the Property Law Act 1974 update some titles of
Acts referred to in the Act.
The amendments to the Registration of Births, Deaths and Marriages
1962 update some references to a date used in the Act.
The amendment to the Vexatious Litigants Act 1981 allows an applicant
to file a claim under the Act in the Cairns registry. Currently, the Act only
allows applications to be lodged in the Brisbane, Rockhampton or
Townsville registries. Other amendments to the Act update a title of an Act
referred to in the Act.
© State of Queensland 2002