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STATE PENALTIES ENFORCEMENT AND OTHER LEGISLATION AMENDMENT ACT 2009 NO. 48

Table of Provisions

Contents

CHAPTER 1--PRELIMINARY

  • 1 Short title
  • 2 Commencement

CHAPTER 2--AMENDMENT OF STATE PENALTIES ENFORCEMENT ACT 1999 AND RELATED ACTS

Part 1--Amendment of State Penalties Enforcement Act 1999
  • 3 Act amended
  • 4 Amendment of s 34 (Default in paying fine, penalty or other amount under court order)
  • 5 Amendment of s 63 (Issue of enforcement warrant)
  • 6 Insertion of new s 63A
    • 7. Insertion of new s 68A 8. Insertion of new s 69A 9. Amendment of s 72 (Powers under search warrant)
  • 10 Insertion of new ss 73A-73K
    • 11. Amendment of s 75 (Issue of fine collection notice)
  • 12 Amendment of s 104 (Criteria for suspending driver licence)
  • 13 Insertion of new pt 5, div 7A
  • 14 Amendment of s 110 (Registration of interests)
  • 15 Amendment of s 111 (Order of satisfaction of fines for infringement notice offences)
  • 16 Amendment of s 112 (Order of satisfaction of other amounts)
  • 17 Amendment of s 113 (Order of satisfaction if more than 1 enforcement order)
  • 18 Amendment of s 114 (Power of person serving fine collection notice or enforcing warrant to demand name and address etc.)
  • 19 Amendment of s 115 (Effect of particular proceedings)
  • 20 Amendment of s 116 (Offence of obstructing enforcement officer)
  • 21 Amendment of s 117 (Offence of defacing or removing seizure tags)
  • 22 Amendment of s 118 (Good behaviour order when imprisonment not appropriate)
  • 23 Amendment of s 119 (Enforcement by imprisonment)
  • 24 Amendment of s 136 (Instalment payment notice)
  • 25 Amendment of s 137 (Enforcement order)
  • 26 Insertion of new ss 146A-146D
    • 27. Amendment of s 147 (Effect of notices, orders and warrants)
  • 28 Amendment of s 148 (Electronic transmission of particular documents)
  • 29 Amendment of s 150B (Guidelines)
    • 29A. Amendment of s 151 (Information from commissioner of police service)
  • 30 Insertion of new s 151A
    • 31. Amendment of s 153 (Register) 32. Amendment of s 155 (Non-reviewable decision)
  • 33 Amendment of s 157 (Evidentiary provisions)
  • 34 Amendment of s 158 (Service of document)
  • 35 Insertion of new s 159A
    • 36. Amendment of s 165 (Regulation-making power)
  • 37 Amendment of s 169 (Saving of enforcement orders)
  • 38 Insertion of new s 174A
    • 39. Amendment of sch 2 (Dictionary) Part 2--Amendment of Industrial Relations Act 1999
  • 40 Act amended
  • 41 Amendment of s 400 (Enforcement of magistrate's order)
  • 42 Amendment of s 408H (Enforcement of magistrate's orders)
    • Part 3--Amendment of Transport Operations (Road Use Management) Act 1995
  • 43 Act amended
  • 44 Amendment of s 135 (Unlawfully interfering with, or detaining, vehicles etc.)

CHAPTER 3--AMENDMENTS RELATING MAINLY TO THE NATIONAL EXCHANGE OF CRIMINAL HISTORY INFORMATION

Part 1--Amendment of Education (Queensland College of Teachers) Act 2005
  • 45 Act amended
  • 46 Amendment of s 11 (Suitability to teach—criminal history information)
  • 47 Amendment of s 12 (Suitability to teach—other considerations)
  • 48 Insertion of new s 12A
    • 49. Insertion of new s 15A 50. Amendment of s 16 (Requirement to advise applicant of criminal history information received)
  • 51 Amendment of s 65 (College's power to obtain criminal history etc. in relation to an approved teacher)
  • 52 Replacement of s 91 (Definition for ch 5)
  • 53 Amendment of s 112 (Reporting of offences)
  • 54 Amendment of s 124 (Constitution of QCAT for disciplinary proceedings)
  • 55 Amendment of s 282 (Definition for pt 1)
  • 56 Amendment of s 283 (Confidentiality of particular information)
  • 57 Amendment of s 286 (College may enter into information sharing arrangement with commissioner of police)
  • 58 Amendment of s 287 (Other information sharing agreements)
  • 59 Insertion of new ch 12, pt 10
  • 60 Amendment of sch 3 (Dictionary)
    • Part 2--Amendment of Police Service Administration Act 1990
  • 61 Act amended
  • 62 Amendment of s 1.4 (Definitions)
  • 63 Insertion of new s 5AA.1A
    • 64. Insertion of new s 10.2AA 65. Amendment of s 10.2G (Definitions for div 1A)
  • 66 Insertion of new pt 10, div 1B
  • 67 Insertion of new pt 11, div 5
    • Part 3--Amendment of Police Service Administration Regulation 1990
  • 68 Regulation amended
  • 69 Insertion of new pt 7E

CHAPTER 4--QCAT AMENDMENTS

Part 1--Amendment of Queensland Civil and Administrative Tribunal Act 2009
  • 70 Act amended
  • 71 Amendment of s 2 (Commencement)
  • 71A Amendment of s 97 (Requiring witness to attend or produce document or thing)
  • 72 Amendment of s 128 (Procedural defects etc.)
  • 73 Amendment of s 132 (Non-monetary decisions)
  • 74 Amendment of s 166 (Constitution of appeal tribunal)
  • 75 Amendment of s 167 (Choosing persons)
  • 75A Amendment of s 195 (Functions generally)
  • 76 Insertion of new s 198A
    • 77. Amendment of s 203 (Removal from office)
  • 78 Amendment of s 210 (Principal registrar)
  • 79 Amendment of s 211 (Registrar)
    • 80. Amendment of s 212 (Principal registrar must disclose interests)
  • 81 Amendment of s 216 (False or misleading information)
  • 82 Amendment of s 218 (Contempt of tribunal)
  • 83 Amendment of s 220 (Tribunal may exclude person)
  • 84 Amendment of s 228 (Oath of office)
  • 85 Amendment of s 233 (Confidentiality generally)
  • 86 Amendment of s 234 (Further limitation on disclosure to a court etc.)
  • 87 Amendment of s 237 (Immunity of participants etc.)
  • 88 Amendment of s 238 (Protection from civil liability)
  • 89 Insertion of new s 242A
    • 90. Amendment of s 263 (Transferring membership of particular members)
  • 91 Amendment of s 268 (Proceeding started)
  • 92 Insertion of new s 277A
    • 93. Amendment of sch 2 (Subject matter for rules)
  • 94 Amendment of sch 3 (Dictionary)
    • Part 2--Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009
  • 95 Act amended
  • 96 Amendment of s 11 (Insertion of new pt 3A)
  • 97 Insertion of new s 559A
    • 98. Replacement of s 564 (Omission of ss 414-421) 99. Amendment of s 565 (Amendment of schedule (Dictionary))
  • 100 Replacement of s 699 (Amendment of s 500B (How to start a proceeding))
  • 100A Insertion of new s 723A
    • 101. Amendment of s 724 (Replacement of ch 5 (Racing Appeals Tribunal))
  • 102 Replacement of ch 5, pt 79 (Amendment of Wine Industry Regulation 1995)
  • 103 Replacement of s 1047 (Replacement of s 213 (Chairperson to allocate matters))
  • 104 Amendment of s 1273 (Amendment of s 189 (Appeals to Commercial and Consumer Tribunal about decisions under pt 3))
  • 105 Amendment of s 1293 (Insertion of new ch 16, pt 3A)
  • 106 Amendment of s 1466 (Replacement of ss 163-165)
    • 107. Replacement of s 1519 (Insertion of new s 462A) 108. Insertion of new s 1555A 109. Replacement of s 1556 (Amendment of s 53J (Practice direction))
  • 110 Amendment of s 1557 (Amendment of s 53K (Referring application or matter))
  • 111 Amendment of s 1844 (Insertion of new ss 8-10)
    • 112. Amendment of s 1886 (Amendment of s 68 (Notice of decision))
  • 113 Amendment of s 1892 (Insertion of new pt 14)
    • Part 3--Amendment of Adoption Act 2009
  • 114 Act amended
  • 115 Amendment of s 29 (Declaration of tribunal whether an adult parent has capacity to consent)
  • 116 Amendment of s 30 (Appointment of guardian for adult parent without capacity to consent)
  • 117 Amendment of s 39 (Court may dispense with need for consent)
  • 118 Amendment of s 148 (Appeal from decision that information is investigative information)
  • 119 Amendment of s 175 (Consents and pre-consent counselling and information)
  • 120 Insertion of new pt 14A
  • 121 Amendment of s 319 (Right of review against particular decisions)
  • 122 Amendment of s 335 (Review of decision to remove name from adoption list)
  • 123 Amendment of s 337 (Uncompleted review of decision to remove persons from expression of interest register)
  • 124 Amendment of sch 3 (Dictionary)
    • Part 4--Amendment of Body Corporate and Community Management Act 1997
  • 125 Act amended
  • 126 Amendment of s 279 (Interim orders in context of adjudication)
    • Part 5--Amendment of Child Protection Act 1999
  • 127 Act amended
  • 128 Amendment of s 99H (Constitution of tribunal)
    • Part 6--Amendment of Crime and Misconduct Act 2001
  • 129 Act amended
  • 129A Amendment of s 50 (Commission may prosecute official misconduct)
  • 130 Amendment of ss 56 and 174
    • 131. Amendment of ss 76, 78A, 79, 187, 191 and 195A 132. Amendment of s 78 (Procedure for documents subject to claim of privilege)
  • 133 Amendment of s 86 (Search warrant applications)
  • 134 Amendment of s 109 (Definitions for pt 5)
  • 135 Amendment of s 119B (Application of part 5A)
  • 136 Amendment of s 119K (What suspension order must state)
  • 137 Amendment of s 124 (Issue of surveillance warrant)
  • 138 Amendment of s 130 (Disclosure of information obtained using surveillance warrant)
  • 139 Amendment of s 146K (Protection from liability)
  • 140 Amendment of s 166 (Register of warrants, warrant applications etc.)
  • 141 Amendment of s 170 (Provision for overnight detention)
  • 142 Amendment of s 227 (Advertising and nominations for appointment)
  • 143 Amendment of s 230 (Appointment of part-time commissioners)
  • 144 Amendment of ss 326 and 339
    • 145. Amendment of sch 2 (Dictionary) Part 7--Amendment of Fisheries Act 1994
  • 146 Act amended
  • 147 Amendment of s 186 (Constitution of tribunal)
    • Part 8--Amendment of Food Act 2006
  • 148 Act amended
  • 149 Insertion of new s 240
    • Part 10--Amendment of Integrated Resort Development Act 1987
  • 153 Act amended
  • 154 Replacement of s 175W (CCT jurisdiction)
  • 155 Amendment of s 175X (CCT jurisdiction)
  • 156 Amendment of s 179B (Dealing with matter relating to development control by-law)
  • 157 Amendment of s 179C (Internal dispute resolution processes to be used before application)
  • 158 Amendment of sch 7 (Dictionary)
    • Part 10A--Amendment of Land Tax Act 1915
  • 158A Act amended
  • 158B Amendment of pt 5 hdg (Grounds of objection or appeal)
  • 158C Amendment of s 28 (Restriction on grounds of appeal)
    • Part 11--Amendment of Local Government Act 2009
  • 159 Act amended
  • 160 Insertion of new ch 6, pt 5, div 4
  • 161 Amendment of s 270 (Regulation-making power)
    • Part 12--Amendment of Nursing Act 1992
  • 162 Act amended
  • 163 Amendment of s 87 (Assessors to assist tribunal)
    • Part 13--Amendment of Pest Management Act 2001
  • 164 Act amended
  • 165 Insertion of new s 107
    • Part 14--Amendment of Plumbing and Drainage Act 2002
  • 166 Act amended
  • 167 Amendment of s 70B (Constitution of QCAT)
    • Part 15--Amendment of Police Powers and Responsibilities Act 2000
  • 168 Act amended
  • 169 Amendment of s 207 (What suspension order must state)
    • Part 16--Amendment of Private Health Facilities Act 1999
  • 170 Act amended
  • 171 Insertion of new s 130
    • Part 17--Amendment of Property Agents and Motor Dealers Act 2000
  • 172 Act amended
  • 173 Amendment of s 477 (Inspector may investigate claims and report and related documents may be referred to the tribunal)
  • 174 Replacement of s 598 (Approved forms)
    • Part 18--Amendment of Public Health (Infection Control for Personal Appearance Services) Act 2003
  • 175 Act amended
  • 176 Insertion of new s 123
    • Part 19--Amendment of Queensland Building Services Authority Act 1991
  • 177 Act amended
  • 178 Amendment of s 95 (Expedited hearing of domestic building disputes)
    • Part 20--Amendment of Radiation Safety Act 1999
  • 179 Act amended
  • 180 Insertion of new s 187
    • Part 21--Amendment of Retail Shop Leases Act 1994
  • 181 Act amended
  • 182 Amendment of s 17 (Application of Act to leases of service stations)
  • 183 Amendment of s 63 (Reference of dispute—by mediator)
    • Part 22--Amendment of Sanctuary Cove Resort Act 1985
  • 184 Act amended
  • 185 Amendment of s 4 (Definitions)
  • 186 Replacement of s 94T (CCT jurisdiction)
  • 187 Amendment of s 94U (CCT jurisdiction)
  • 188 Amendment of s 104B (Dealing with matter relating to development control by-law)
  • 189 Amendment of s 104C (Internal dispute resolution processes to be used before application)
    • Part 23--Amendment of Taxation Administration Act 2001
  • 190 Act amended
  • 191 Amendment of s 29B (Application to withdraw electronic payment notice)
  • 192 Amendment of s 61 (Interest on particular overpayments following court's decision)
  • 193 Amendment of s 143B (Application to withdraw electronic communication notice)
  • 194 Amendment of s 153C (Commissioner may require payment of penalty)
  • 195 Amendment of sch 2 (Dictionary)
    • Part 24--Amendment of Veterinary Surgeons Act 1936
  • 196 Act amended
  • 197 Amendment of s 15B (Constitution of tribunal)

CHAPTER 5--OTHER AMENDMENTS

Part 1--Amendment of Classification of Computer Games and Images Act 1995
  • 198 Act amended
  • 199 Amendment of s 12 (Advertisement to contain determined markings and consumer advice)
  • 200 Amendment of s 30 (Appointment of inspectors)
  • 201 Amendment of s 51 (Obstructing inspector)
  • 202 Amendment of sch 2 (Dictionary)
    • Part 2--Amendment of Classification of Films Act 1991
  • 203 Act amended
  • 204 Amendment of s 4 (Inspectors and films classification officer)
  • 205 Amendment of s 27 (Advertisement to contain determined markings and consumer advice)
  • 206 Amendment of s 28 (False advertising of films prohibited)
  • 207 Amendment of s 56 (Approval of organisation)
    • Part 3--Amendment of Classification of Publications Act 1991
  • 208 Act amended
  • 209 Amendment of s 3 (Definitions)
  • 210 Amendment of s 5 (Inspectors)
    • 211. Amendment of s 6A (Delegation by publications classification officer)
  • 212 Amendment of s 11C (Publications for which display order may be made)
    • Part 4--Amendment of Disability Services Act 2006
  • 213 Act amended
  • 214 Amendment of s 241 (Interpretation)
    • Part 5--Amendment of Guardianship and Administration Act 2000
  • 215 Act amended
  • 216 Amendment of s 29 (Other review of appointment)
  • 217 Amendment of s 265 (Powers of guardians—use of restrictive practices)
  • 218 Insertion of new ch 12, pt 10
    • Part 6--Amendment of Information Privacy Act 2009
  • 219 Act amended
  • 220 Amendment of s 50 (Decision-maker for application to agency)
  • 221 Amendment of s 51 (Decision-maker for application to Minister)
  • 222 Amendment of s 69 (Information as to existence of particular documents)
  • 223 Amendment of s 94 (Internal review)
  • 224 Amendment of s 120 (Information commissioner to ensure proper disclosure and return of documents)
  • 225 Insertion of ch 8, pt 1 hdg
  • 226 Insertion of new ch 8, pt 2
    • Part 7--Amendment of Right to Information Act 2009
  • 227 Act amended
  • 228 Amendment of s 30 (Decision-maker for application to agency)
  • 229 Amendment of s 31 (Decision-maker for application to Minister)
  • 230 Amendment of s 55 (Information as to existence of particular documents)
  • 231 Amendment of s 80 (Internal review)
  • 232 Amendment of s 107 (Information commissioner to ensure proper disclosure and return of documents)
  • 233 Replacement of ch 7, pt 2, hdg (Transitional provisions)
  • 234 Insertion of new ch 7, pt 3
    • Part 8--Amendment of Superannuation (State Public Sector) Act 1990
  • 235 Act amended
  • 236 Amendment of s 3 (Establishment of board)
  • 237 Insertion of new s 6DAA
    • 238. Amendment of s 6I (Conduct of meetings)

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