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1
Justice and Other Legislation (Miscellaneous Provisions) (No 2)
JUSTICE AND OTHER LEGISLATION
(MISCELLANEOUS PROVISIONS) BILL
(No. 2) 1997
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The proposed Bill contains minor or technical amendments to
approximately 47 statutes administered by the Department of Justice.
Reasons for the objectives and how they will be achieved
The Department of Justice is responsible for the administration of over
170 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 that the statutes continue to operate in the manner
intended.
To ensure this occurs, from time to time a 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 of which would be of a relatively minor nature.
These amendments have several elements in common:
1. They relate mostly to statutes administered by the
Attorney-General and Minister for Justice;
2. They have the purpose of increasing operational efficiency in
various State Government departments;
3. They do not modify the major underlying philosophy or direction
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Justice and Other Legislation (Miscellaneous Provisions) (No 2)
of statutes being amended.
Administrative cost to Government of implementation
The amendments will result in increased efficiencies and greater
flexibility in various State Government departments and agencies.
Fundamental legislative principles
Clause 58 of the Bill operates retrospectively. This is essential to validate
the service of notices under part 4A of the Justices Act 1886 from 1 July
1992.
Section 4(3)(g) of the Legislative Standards Act 1992 provides that one
of the fundamental legislative principles is whether legislation adversely
affects rights and liberties, or imposes obligations, retrospectively.
Retrospective laws are generally passed to validate past actions, correct
defects in legislation or confer benefits retrospectively. This Bill corrects a
defect in the Justices Act 1886 by creating a scheme for the service of
notices under part 4A. It also validates past actions which took place on the
assumption that the decision in Gem Po-Chioh Cheong v Webster Ex Parte
Gem Po-Chioh Cheong [1986] 2 Qd R 374, extended to service under Part
4A.
Consultation
The following bodies/persons have been consulted in relation to that part
of this Bill which relates to their concerns/issues:
· The Public Trustee
· Queensland Police Service
· Director of Public Prosecutions
· Office of Consumer Affairs
· Queensland Law Society Inc
· Girl Guides Association (Queensland, Australia)
All parties consulted agreed to the content of this Bill so far as it relates to
their concerns/issues.
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Justice and Other Legislation (Miscellaneous Provisions) (No 2)
NOTES ON PROVISIONS
The format to this statute follows the same format for previous
departmental "Miscellaneous Provisions Acts"; that is:
· There is a long and short title; and
· The Act is divided into Parts, each Part containing within it all the
matters (amendments) relevant to a statute for which the
Department of Justice has administrative responsibility.
Part 1--Preliminary
Clause 1 sets out the short title of the Act.
Clause 2 is the commencement provision which provides that, other than
expressly provided, this Act commences on a date to be fixed by
proclamation.
Clause 3 inserts a schedule containing amendments to the Acts
mentioned in it.
Part 2--Amendment of Associations Incorporation Act 1981
Clause 4 provides for the amendment of the Associations Incorporation
Act 1981.
Clauses 5 and 6 extend the time period for holding subsequent annual
general meetings from three months to six months after the end of the
Association's previous financial year.
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Justice and Other Legislation (Miscellaneous Provisions) (No 2)
Part 3--Amendment of Burials Assistance Act 1965
Clause 7 provides for amendment of the Burials Assistance Act 1965.
Clause 8 makes a technical amendment to section 4(2) by ensuring that
the chief executive is acting on behalf of the State.
Clause 9 inserts a new provision containing a scheme to create a charge
and a right of reimbursement by the chief executive in respect of the burial
expenses. This scheme is effectuated by the chief executive giving a written
notice to a financial institution about the charge.
Part 4--Amendment of Classification of Computer Games
and Images Act 1995
Clause 10 provides for the amendment of the Classification of Computer
Games and Images Act 1995.
Clauses 11 and 12 make technical amendments to sections 19 and 32 of
the Act.
Clause 13 makes amendments to definitions "child abuse computer
game" and "objectionable computer game".
Clause 14 directs that the redundant attachment to the Act be omitted in
the next reprint.
Part 5--Amendment of Classification of Films Act 1991
Clause 15 provides for the amendment of the Classification of Films Act
1991.
Clause 16 makes a technical amendment to the definition of "child abuse
film".
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Justice and Other Legislation (Miscellaneous Provisions) (No 2)
Part 6--Amendment of Classification of Publications Act
1991
Clause 17 provides for the amendment of the Classification of
Publications Act 1991.
Clause 18 makes technical amendments to the definitions of "child abuse
photograph" and "child abuse publication".
Clause 19 inserts a new Part into the statute--"Part 2A--Protection of
Children and Families by conditions for Displaying Certain Unrestricted
Publications". The purpose of this new Part is to place restrictions on the
display of unrestricted publications. By way of background, Queensland
adopts the National Scheme of Classifications of Publications prescribed in
the National Classification Code contained in the Classification
(Publications, Films and Computer Games) Act 1995 (Cth). This
Commonwealth Act also allows the Minister to determine classification
guidelines to assist the Classification Board in applying the criteria in the
Code.
The current classification guidelines applying to unrestricted materials
place no restrictions on display. As a consequence these publications are
deemed suitable for display in a public place. This Part 2A establishes a
scheme in which the publications classification officer may by gazette notice
make an order prohibiting the display of a specified unrestricted publication
for sale at any public place to which children have access unless the
publications are concealed by a cover or rack or other thing; or the rack or
other thing is at least 1.5 metres above the floor or ground; or cannot be
seen without being handled. The scheme also provides for an appeal
mechanism and a register of the display orders.
Clause 20 provides for an offence provision and relevant defences.
Part 7--Amendment of Cooperatives Act 1997
Clause 21 provides for the amendment of the Cooperatives Act 1997.
Clause 22 inserts a new subsection to section 245 of the Act enabling the
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Justice and Other Legislation (Miscellaneous Provisions) (No 2)
registrar to register a name that contains an unsuitable name, if the Minister
is satisfied the name is suitable for registration in the particular
circumstances; eg, the use of the unsuitable name "university" in the name
"University of Queensland Rowing Cooperative".
Part 8--Amendment of Crimes (Confiscation) Act 1989
Clause 23 provides for the amendment of the Crimes (Confiscation) Act
1989.
Clause 24 makes a technical amendment to section 51 of the statute by
omitting certain redundant definitions.
Clause 25 amends Schedule 2 of the statute to include, amongst other
things, various censorship statutes. The effect of this is that it will enable
the confiscation of the proceeds of contraventions of these statutes.
Part 9--Amendment of Director of Public Prosecutions Act
1984
Clause 26 provides for the amendment of the Director of Public
Prosecutions Act 1984.
Clause 27 amends section 11 of the statute in a technical manner as well
as enabling the Director to give guidelines to an employee about confidential
information.
Clause 28 inserts a new provision prohibiting current and former
employees within the Office of the Director of Public Prosecutions from
disclosing confidential information that came to the person's knowledge
because of the employment. This provision also provides for the situation
when confidential information can be disclosed.
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Justice and Other Legislation (Miscellaneous Provisions) (No 2)
Part 10--Amendment of District Courts Act 1967
Clause 29 provides for the amendment of the District Courts Act 1967.
Clauses 30 and 31 amend the long and short titles to this statute.
Clause 32 inserts a new Division within Part 2 of the statute dealing with
the establishment of the "District Court" and various provisions which are
concerned with the establishment of same.
Clause 33 provides for the omission of section 16 of the statute dealing
with the retirement of judges.
Clause 34 provides the transitional arrangements for the commencement
of Part 2, division 1 of the statute.
Part 11--Evidence Act 1977
Clause 35 provides for the amendment of the Evidence Act 1977.
Clause 36 provides for the amendment of the definition "approved
person" by removing the requirement for notice to be given by regulation
and inserting the ability of the Minister to declare by Gazette notice. This
will provide for greater flexibility given the inevitable state of change of the
structure of the public sector and therefore the "approved person".
Part 12--Amendment of Fair Trading Act 1989
Clause 37 provides for the amendment of the Fair Trading Act 1989.
Clauses 38 and 39 increase the penalties under sections 82 and 84 of the
statute respectively.
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Justice and Other Legislation (Miscellaneous Provisions) (No 2)
Part 13--Amendment of Girl Guides Association Act 1970
Clause 40 amends the Girl Guides Association Act 1970.
Clauses 41 and 42 make amendments to the long and short titles to this
statute.
Clauses 43 to 51 inclusive make various technical amendments to the
statute by, amongst other things, omitting "Girl Guides Association
(Queensland, Australia)" and inserting "Guides Queensland"; omitting
"Secretary" and inserting "executive officer"; and streamlining the powers
of Guides Queensland entering into a proposed lease, mortgage, or sale of
real property.
Part 14--Amendment of Justices Act 1886
Clause 52 provides for the amendment of the Justices Act 1886.
Clause 53 amends section 22B by inserting a new subsection which
makes a technical amendment as to where the holding of a Magistrates
Court should take place.
Clauses 54 to 56 inclusive install a new scheme for the undertaking of
mediation within the Magistrates Courts.
Clause 57 makes a technical amendment to section 98B of the statute.
Clause 58 establishes a scheme for service under Part 4A of the statute.
The scheme is based on the provisions of the Acts Interpretation Act 1954,
but modifies the application of the postal service provisions, to provide that
documents served by post are taken to have been effected at the time at
which the letter would be delivered in the ordinary course of post. The
return of a notice sent to the address given by the alleged offender or the
address of the registered owner of a vehicle will not invalidate service. The
amendment removes service of notices in the SETONS scheme from the
application of section 39A(1)(b) of the Acts Interpretation Act 1954.
Clause 59 makes an amendment to section 98N of the statute which
enables recovery of the costs of serving reminder notices under the
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Justice and Other Legislation (Miscellaneous Provisions) (No 2)
SETONS scheme.
Clause 60 makes a technical amendment to section 147 of the statute.
Clause 61 provides for the insertion of a new section 159 which gives
sufficient power to enable taxation of costs within the Magistrates Courts.
Clause 62 makes a technical amendment to section 179 of the statute.
Clause 63 amends section 222 of the statute. The effect of this
amendment is that appeals will be held in the major centre closest to the
facility at which the prisoner is incarcerated, having a resident District Court
Judge.
Part 15--Amendment of Juvenile Justice Act 1992
Clause 64 provides for the amendment of the Juvenile Justice Act 1992.
Clause 65 amends section 55(2) of the Act. The effect of this
amendment is that an infringement notice can be served on a child. This
will enable police to deal with minor breaches such as failing to wear a
bicycle helmet.
Part 16--Amendment of Law Reform Commission Act 1968
Clause 66 provides for the amendment of the Law Reform Commission
Act 1968.
Clause 67 amends section 3 of the statute by removing the upper limit on
the number of members to the Commission.
Part 17--Amendment of Legal Aid Act 1997
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Justice and Other Legislation (Miscellaneous Provisions) (No 2)
Clauses 68 provides for the amendment of the Legal Aid Act 1997.
Clauses 69 and 70 extend the scope of coverage of sections 80 and 82.
This will mean that section 80 [which deals with indemnification and
protection for liability] covers members of the Board.
Part 18--Amendment of Mobile Homes Act 1989
Clause 71 provides for the amendment of the Mobile Homes Act 1989.
Clauses 72 and 73 make technical amendments to the statute. These
amendments will provide that a mobile home park owner who has failed to
comply with section 4 of the Act continues to commit an offence for which
the park owner may be prosecuted.
Part 19--Amendment of Penalties and Sentences Act 1992
Clause 74 provides for the amendment of the Penalties and Sentences
Act 1992.
Clause 75 inserts a new provision to enable the issue of a summons or
warrant for the return of the offender to be dealt with under section 147 of
the statute.
Part 20--Amendment of Prisoners (Interstate Transfer) Act
1982
Clause 76 provides for the amendment of the Prisoners (Interstate
Transfer) Act 1982.
Clauses 77 and 78 make technical amendments to the statute by giving
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Justice and Other Legislation (Miscellaneous Provisions) (No 2)
recognition to the fact that the Australian Capital Territory Government has
passed an equivalent statute.
Part 21--Amendment of Public Trustee Act 1978
Clause 79 provides for the amendment of the Public Trustee Act 1978
Clauses 80 to 82 inclusive make technical amendments to the Act by
lowering the period for reporting unclaimed monies from six years to two
years. In doing so this reflects the trend towards shortening the period in
line with other States such as Victoria.
Part 22--Queensland Law Society Act 1952
Clause 83 provides for the amendment of the Queensland Law Society
Act 1952.
Clause 84 inserts a new provision which enables the chairperson of the
Tribunal or a member of the Tribunal chosen by the chairperson to make
directions about the conduct of a charge to be heard by the Tribunal.
Clause 85 inserts a new provision enabling legal practitioners to advise
clients of the existence of insurance policies as an alternative to the current
requirements of section 24B.
Part 23--Amendment of Security Providers Act 1993
Clause 86 provides for the amendment of the Security Providers Act
1993.
Clause 87 makes a technical amendment to section 41 of the statute.
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Justice and Other Legislation (Miscellaneous Provisions) (No 2)
Part 24--Amendment of Travel Agents Act 1988
Clause 88 provides for the amendment of the Travel Agents Act 1988.
Clauses 89 and 90 insert a whole new scheme for inspectors' powers
under the statute. In other words it revises and inserts, amongst other
things, the standard model for inspectors' powers used under other more
recent statutes.
Part 25--Amendment of Trusts Act 1973
Clause 91 provides for the amendment of the Trusts Act 1973.
Clause 92 provides for the amendment of section 21 of the statute by
giving authorised trustee investment status to a common fund established
under the Public Trustee Act 1978.
SCHEDULE
MINOR AMENDMENTS
This Schedule makes discrete technical amendments to various Acts.
An explanation of some of the more significant amendments in this
Schedule is provided in the following paragraphs.
One of the amendments to the Cooperatives Act 1997--item
4--rephrases and inserts an appropriate definition for the court of another
State as defined in that statute.
Under the amendments to the Criminal Code, items 15 to 19 inclusive
provide for the amendment of sections 651--Supreme Court and District
Court may decide summary offences--and 668D to ensure that a sentence
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Justice and Other Legislation (Miscellaneous Provisions) (No 2)
and any order under that section 651 is a sentence for the purposes of
section 668D--Right of Appeal--of the Criminal Code; and that section
651 is subject to section 652--Proceedings to transmit summary charge.
The amendments to the Fair Trading Act 1989 make technical
amendments to the statute by omitting any reference to the terms
"Consumer Affairs Bureau" and "bureau" and inserting the term "Office
of Consumer Affairs".
An amendment to the Storage Liens Act 1973--item 4--inserts the
ability of the chief executive to approve forms under that statute.
© The State of Queensland 1997