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1
Justice and Other Legislation (Miscellaneous
Provisions) Bill 2002
JUSTICE AND OTHER LEGISLATION
(MISCELLANEOUS PROVISIONS) BILL
2002
EXPLANATORY NOTES FOR AMENDMENTS TO
BE MOVED IN COMMITTEE
Item 1--amendment to clause 2 (Commencement)
The commencement provision is to be amended to retrospectively cure a
technical drafting error in an amendment to section 222 of the Justices Act
1886 that was inserted in the Justice and other Legislation (Miscellaneous
Provisions) Bill 2000. (JLMP 2000) The substantive amendment is set out
in item 6. The amendment to clause 2 allows the amendment to
retrospectively commence on the commencement date of the JLMP 2000
Act to cure the technical defect from the date the provision came into
effect.
Items 2 and 3--amendment to clause 10 (District Court Act of
Queensland Act 1967)
Clause 10 is to be amended to replace references to the District Court
Act 1967 with its correct title of the District Court of Queensland Act 1967.
Item 4--Electronic Transactions (Queensland) Act 2001
Clause 16 is to be amended to provide a 2 year sunset provision for Acts
in Schedule 1 Part 1 of the Electronic Transactions (Queensland) Act 2001.
This amendment sunsets the exemption for compliance of Acts listed in the
Schedule after 2 years. This sunset period ensures a review of the
operation of the relevant Acts is completed and mechanisms for
compliance are in place.
2
Justice and Other Legislation (Miscellaneous
Provisions) Bill 2002
Item 5 Schedule 6 (Acts Interpretation Act 1954)
Schedule 6 is to be amended to include a further amendment to the Acts
Interpretation Act 1954. This amendment alters the definition of "District
Court judge" to mean "a judge of the District Court of Queensland". This
reflects the new name of the District Court of Queensland.
Item 6 Schedule 6 (Justices Act 1886)
Schedule 6 is to be amended to include an amendment to section
222(2)(b) of the Justices Act 1886. This will cure a technical defect in the
provision. This amendment was originally included in JLMP 2000.
However, the Office of Parliamentary Counsel (OPC) discovered that the
legislative instructions contained in the JLMP 2000 Bill were incorrect.
The instruction in the Bill was to omit the amendment, and not insert the
amendment. The proposed amendment retrospectively cures the problem
from the date of its original commencement in JLMP 2000. Interestingly,
the current reprint of the section appears correct, but OPC wish to correct
the error in the interests of certainty.
Item 7 Schedule 6 (Status of Children Amendment Act 2001)
Schedule 6 is to be amended to include amendments to the Status of
Children Amendment Act 2001. This Act was given assent in May 2001 to
provide for uniform presumptions of parentage and parentage testing
procedures. Commencement of the amendments have been delayed until
the regulations that provide for the mechanics of the parentage testing
procedures have been developed. In drafting the new regulation, OPC
identified a slight inconsistency between the Act and the proposed
regulation. Section 13 of the Amendment Act (that amends section 11A of
the principal Act) is to be amended to remove this slight inconsistency. The
amendments clarify that the nominated reporter of the laboratory where the
parentage testing procedures are carried out is to give the parentage testing
report to the Supreme Court and may be ordered by the Supreme Court to
give evidence about the report. A definition of "nominated reporter" is also
to be inserted in the definition section of the principal Act.