COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017 - As at 5 June 2017 - Act 17 of 2017
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Act amended
- 4 Amendment of s 20 (Membership)
- 5 Act amended
- 6 Amendment of s 48 (Forms—notification and availability)
- 7 Insertion of new ss 52A and 52B
- 8 Insertion of new pt 14, div 3
- 9 Act amended
- 10 Amendment of s 119 (Meaning of sexual harassment)
- 10A Amendment of schedule (Dictionary)
- 11 Act amended
- 12 Amendment of s 5 (Appeal Costs Fund)
- 13 Amendment of s 22 (Abortive proceedings and new trials after proceedings discontinued)
- 14 Insertion of new s 31
- 15 Act amended
- 16 Amendment of s 71 (Definitions for pt 11)
- 17 Amendment of s 72 (Damages for personal injury)
- 18 Amendment of s 73 (Right of contribution)
- 19 Amendment of s 74 (Other damages)
- 20 Amendment of s 75 (No statutory presumption of fault)
- 21 Amendment of s 88 (Enforcement against property of a business)
- 22 Amendment of s 89 (Variation of order in relation to a business name)
- 23 Amendment of sch 1 (Dictionary)
- 24 Act amended
- 25 Replacement of s 2A (Exempt computer game excluded from Act)
- 26 Amendment of s 3 (Definitions and dictionary)
- 27 Omission of ss 4–8
- 28 Amendment of s 8A (Calling in computer game for reclassification by board)
- 29 Amendment of s 8B (Obtaining copies for review)
- 30 Amendment of s 8C (Calling in unclassified computer game for classification)
- 31 Amendment of s 10 (Restriction on public demonstration of MA 15+ or R 18+ computer game)
- 32 Amendment of s 10A (Prohibition against demonstration of certain classified computer games)
- 33 Amendment of s 10B (Computer game available for playing on pay and play basis to bear determined markings and consumer advice)
- 34 Amendment of s 12 (Advertisement to contain determined markings and consumer advice)
- 35 Amendment of s 13 (False advertising of computer games)
- 36 Amendment of s 13B (Power to require certain advertisements to be submitted for approval)
- 37 Amendment of s 13C (Defence to prosecution under section 13B)
- 38 Amendment of s 14 (Markings and consumer advice on containers)
- 39 Amendment of s 15 (Display of classifications notices)
- 40 Amendment of s 21 (Sale of improperly marked classified computer games)
- 41 Amendment of s 21A (Prohibition against selling certain classified computer games)
- 42 Amendment of s 29 (No liability in certain circumstances)
- 43 Replacement of s 42 (Additional power of inspector to seize computer games)
- 44 Omission of pt 7 (Exemptions)
- 45 Amendment of s 62 (Evidentiary provisions)
- 46 Amendment of s 63 (Indictable offences and summary offences)
- 47 Amendment of s 66 (Classified computer games not indecent or obscene)
- 48 Omission of s 68 (Delegation by computer games classification officer)
- 49 Amendment of s 69A (Protection of officials from criminal liability)
- 50 Insertion of new pt 9, div 4
- 51 Amendment of sch 2 (Dictionary)
- 52 Act amended
- 53 Replacement of s 2A (Exempt film excluded from Act)
- 54 Amendment of s 3 (Definitions)
- 55 Amendment of s 4 (Inspectors and films classification officer)
- 56 Omission of s 4A (Delegation by films classification officer)
- 57 Amendment of s 21 (Prohibition against exhibition of certain films in public places)
- 58 Amendment of s 25CA (Calling in unclassified film for classification)
- 59 Amendment of s 25CB (Calling in film for reclassification)
- 60 Amendment of s 25CC (Obtaining copies for review)
- 61 Amendment of s 25D (Power to require certain advertisements to be submitted for approval)
- 62 Amendment of s 25E (Defence to prosecution under section 25D)
- 63 Amendment of s 27 (Advertisement to contain determined markings and consumer advice)
- 64 Amendment of s 28 (False advertising of films prohibited)
- 65 Amendment of s 29 (Markings and consumer advice on containers)
- 66 Amendment of s 36 (Display and sale of improperly marked classified films)
- 67 Amendment of s 36A (Prohibition against sale of certain films)
- 68 Replacement of s 52 (Additional power of inspector to seize films)
- 69 Omission of pt 7 (Exemptions)
- 70 Amendment of s 60 (Evidentiary provisions)
- 71 Amendment of s 61 (Indictable offences and summary offences)
- 72 Amendment of s 64 (Certain classified films not indecent or obscene)
- 73 Amendment of s 66A (Protection of officials from liability)
- 74 Insertion of new pt 9, div 6
- 75 Insertion of new sch 1
- 76 Act amended
- 77 Insertion of new s 2A
- 78 Amendment of s 3 (Definitions)
- 79 Omission of s 4 (Classification under Commonwealth Act)
- 80 Amendment of s 5 (Inspectors)
- 81 Omission of ss 6–8
- 82 Omission of s 9 (Classification of publications)
- 83 Amendment of s 9A (Power to require publisher to submit application for classification of a publication)
- 84 Amendment of s 9B (Power to require certain advertisements to be submitted for approval)
- 85 Amendment of s 9C (Defence to prosecution under section 9A or 9B)
- 86 Omission of ss 10 and 11
- 87 Omission of pt 2A (Protection of children and families by conditions for displaying certain unrestricted publications)
- 88 Amendment of s 12 (Sale etc. of prohibited publication or child abuse photograph)
- 89 Amendment of s 14 (Possession of child abuse publication or child abuse photograph)
- 90 Amendment of s 15 (Exhibition or display of prohibited publication or child abuse photograph)
- 91 Amendment of s 16 (Leaving prohibited publication or child abuse photograph in or on public place)
- 92 Amendment of s 18 (Procurement of minor for RC publication or child abuse photograph)
- 93 Replacement of s 19 (Distributors, retail sellers and advertisers not liable in certain circumstances)
- 94 Amendment of s 20 (Leaving prohibited publication or child abuse photograph in or on private premises)
- 95 Omission of s 20C (Offence to contravene a display order for an unrestricted publication)
- 96 Amendment of s 20E (Consumer advice for unrestricted publications)
- 97 Replacement of s 28 (Additional power of inspector to seize publications)
- 98 Amendment of s 32 (Evidentiary provisions)
- 99 Amendment of s 33 (Indictable offences and summary offences)
- 100 Amendment of s 34 (Forfeiture)
- 101 Amendment of s 35 (Return of seized publications or photographs)
- 102 Amendment of s 36 (Unrestricted publication not indecent or obscene)
- 103 Omission of s 37 (Exemptions)
- 104 Amendment of s 39 (Protection of officials from liability)
- 105 Insertion of new pt 6, div 4
- 106 Insertion of new sch 1
- 107 Act amended
- 108 Amendment of long title
- 109 Amendment of s 4 (Definitions)
PART 11 - AMENDMENT OF CRIMINAL CODE
- 110 Code amended
- 111 Amendment of s 1 (Definitions)
- 112 Amendment of s 207A (Definitions for this chapter)
- 113 Amendment of s 228E (Defences for ss 228A–228DC)
- 114 Amendment of s 228H (Possession etc. of child exploitation material by law enforcement officer)
- 115 Act amended
- 116 Amendment of s 58 (Proof of letters patent)
- 117 Act amended
- 118 Amendment of s 45 (Making access or amendment applications for children)
- 119 Amendment of s 53 (Noncompliance with application requirement)
- 120 Amendment of s 88 (Deletion of irrelevant information)
- 121 Amendment of s 89 (Deletion of exempt information)
- 122 Amendment of s 90 (Deletion of contrary to public interest information)
- 123 Amendment of s 94 (Internal review)
- 124 Amendment of s 95 (Decisions that may not be reviewed)
- 125 Amendment of s 115 (Requiring a search)
- 126 Amendment of s 127 (Vexatious applicants)
- 127 Amendment of s 135 (Performance monitoring and support functions)
- 128 Amendment of sch 3, s 2 (IPP 2—Collection of personal information (requested from individual))
- 129 Amendment of sch 3, s 11 (IPP 11—Limits on disclosure)
- 130 Amendment of sch 5 (Dictionary)
- 131 Act amended
- 132 Amendment of s 43 (Prohibition on use of listening devices)
- 133 Act amended
- 134 Amendment of s 3 (Interpretation)
- 135 Amendment of s 21 (Registration of justices of the peace and commissioners for declarations)
- 136 Amendment of s 23 (Resignation)
- 137 Amendment of s 24 (Revocation of appointment)
- 138 Amendment of s 25 (Prohibition on acting in office)
- 139 Amendment of s 26 (Notification of cessation of office)
- 140 Act amended
- 141 Amendment of s 7A (Land Court has power of the Supreme Court)
- 142 Insertion of new s 28A
- 143 Amendment of s 37 (ADR process applies to proceedings started under this part)
- 144 Insertion of new pt 2, div 12
- 145 Insertion of new s 57A
- 146 Amendment of s 72 (Application of certain provisions of pt 2 to Land Appeal Court)
- 147 Act amended
- 148 Amendment of s 45 (General powers)
- 149 Amendment of s 55 (Delegation of board’s powers)
- 150 Amendment of s 65 (Qualifications for appointment)
- 151 Amendment of s 67 (Chief executive officer’s responsibilities)
- 152 Amendment of s 71 (External employment)
- 153 Insertion of new s 73A
- 154 Amendment of s 82 (Secrecy)
- 155 Amendment of schedule (Dictionary)
- 156 Act amended
- 157 Amendment of s 9 (Suitability matters)
- 158 Amendment of s 12 (Meaning of government legal officer and engaged in government work and related matters)
- 159 Amendment of s 311 (Exceptions to requirement for disclosure)
- 160 Amendment of s 330 (Bills)
- 161 Amendment of s 517 (Power of receiver to take possession of regulated property)
- 162 Amendment of s 684 (Membership of law society)
- 163 Amendment of s 706 (Duty of relevant entities to report suspected offences)
- 164 Insertion of new ch 10, pt 6
- 165 Amendment of sch 2 (Dictionary)
- 166 Act amended
- 167 Amendment of s 6 (Appointment of acting magistrates)
- 168 Amendment of s 21 (Transfer policy)
- 169 Insertion of new pt 10, div 9
- 170 Act amended
- 171 Amendment of s 5 (Objects of Act)
- 172 Amendment of s 6 (How objects are to be achieved)
- 173 Amendment of s 12 (Functions of ombudsman)
- 174 Amendment of s 24 (Investigations generally)
- 175 Amendment of s 30 (Compliance with investigation requirement)
- 176 Amendment of s 38 (Contempt of ombudsman)
- 177 Amendment of s 47 (Protection of person helping ombudsman)
- 178 Replacement of s 48 (Inadmissibility of particular document given under investigation requirement)
- 179 Amendment of s 49 (Investigations to which div 1 applies)
- 180 Replacement of s 50 (Report and recommendation)
- 181 Amendment of s 51 (Action after report making recommendations)
- 182 Insertion of new ss 78A–78C
- 183 Amendment of s 83 (Strategic review of ombudsman office)
- 184 Amendment of s 91 (Prohibiting publication of information)
- 185 Insertion of new s 92A
- 186 Insertion of new pt 12, div 4
- 187 Amendment of sch 3 (Dictionary)
- 188 Act amended
- 189 Amendment of s 12A (Convictions for offences relating to domestic violence)
- 190 Act amended
- 191 Amendment of s 15 (Commencement of schemes)
- 192 Amendment of s 16 (Challenges to schemes)
- 193 Amendment of s 18 (Amendment and revocation of schemes)
- 194 Amendment of s 18A (Notice of revocation of scheme)
- 195 Amendment of s 18B (Termination of operation of interstate schemes in this jurisdiction)
- 196 Amendment of s 33 (Duration of scheme)
- 197 Amendment of s 43 (Functions of council)
- 198 Act amended
- 199 Amendment of s 57A (Effect of Act or statutory instrument)
- 200 Insertion of new pt 24
- 201 Act amended
- 202 Amendment of s 46 (Variation of certificate)
- 203 Amendment of s 64E (Development approval suspended until review decided)
- 204 Amendment of s 102 (Membership)
- 205 Amendment of s 103 (Term of appointment)
- 206 Amendment of s 104 (Remuneration)
- 207 Amendment of s 106 (Vacation of office)
- 208 Insertion of new s 106A
- 209 Amendment of s 107 (Meetings)
- 210 Replacement of s 139 (Approval of forms)
- 211 Insertion of new pt 9, div 8
- 212 Amendment of sch 4 (Dictionary)
- 213 Act amended
- 214 Amendment of s 52 (When is a child a relevant child)
- 215 Amendment of s 113 (Duration of appointment as community visitor)
- 216 Act amended
- 217 Replacement of ss 131 and 132
- 218 Amendment of sch 2 (Subject matter for rules)
- 219 Act amended
- 220 Amendment of s 21F (Lessor’s failure to comply with disclosure obligation)
- 221 Amendment of s 27 (Timing and bases of rent reviews)
- 222 Insertion of new pt 12, div 4
- 223 Act amended
- 224 Amendment of s 33 (Noncompliance with application requirement)
- 225 Amendment of s 38 (Transfer of application)
- 226 Amendment of s 59 (No processing charge for personal information)
- 227 Amendment of s 70 (Precautions)
- 228 Amendment of s 73 (Deletion of irrelevant information)
- 229 Replacement of ss 74 and 75
- 230 Amendment of s 80 (Internal review)
- 231 Amendment of s 81 (Decisions that may not be reviewed)
- 232 Amendment of s 102 (Requiring a search)
- 233 Amendment of s 107 (Information commissioner to ensure proper disclosure and return of documents)
- 234 Amendment of s 114 (Vexatious applicants)
- 235 Amendment of s 128 (Support functions)
- 236 Amendment of s 186 (Strategic review of office)
- 237 Insertion of new ch 7, pt 5
- 238 Amendment of sch 1 (Documents to which this Act does not apply)
- 239 Amendment of sch 3, s 12 (Information disclosure of which prohibited by Act)
- 240 Amendment of sch 4 (Factors for deciding the public interest)
- 241 Amendment and renumbering of sch 6 (Dictionary)
- 242 Act amended
- 243 Amendment of s 5AA (Who is a person’s spouse)
- 244 Amendment of s 13 (How a will may be revoked)
- 245 Amendment of s 15A (Effect of end of civil partnership on a will)
- 246 Insertion of new s 15B
- 247 Amendment of s 40A (Meaning of stepchild)
- 248 Act amended
- 249 Insertion of new s 13B
- 250 Act amended
- 251 Amendment of s 56 (Power to delegate trusts)
- 252 Amendment of s 67 (Protection of trustees by means of advertisements)
- 253 Insertion of new pt 13
- 254 Act amended
- 255 Amendment of s 12 (Dismissing application for leave)
- 256 Insertion of new pt 4A
PART 33 - REPEALS
PART 34 - OTHER AMENDMENTS
