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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TREASURY LEGISLATION
AMENDMENT BILL 1997
Queensland
TREASURY LEGISLATION
AMENDMENT BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF ART UNIONS ACT 1992
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 95 (Direction by chief executive to authority
holder to take action) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 3--AMENDMENT OF CASINO CONTROL ACT 1982
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Replacement of s 15 (Power of delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 8
15 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Amendment of s 20 (Suitability of casino licensee and other persons) . . . 8
9 Amendment of s 30 (Investigations concerning continued
suitability of casino licensee etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Amendment of s 36 (Requirement to apply for casino key
employee licence in certain cases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Amendment of s 37 (Consideration of application) . . . . . . . . . . . . . . . . . . . 9
12 Amendment of s 38 (Minister may grant or refuse to grant application) . . 10
13 Amendment of s 43A (Investigations about casino key employees
or casino employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
47A Destruction of fingerprints and palm prints of former
licence holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Amendment of s 60 (Variation of casino layout) . . . . . . . . . . . . . . . . . . . . . 11
2
Treasury Legislation Amendment
16 Amendment of s 61 (Hours of operation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 Amendment of s 62A (Gaming equipment outside of casino) . . . . . . . . . . . 11
18 Insertion of new s 64AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
64AA Claims for prizes for casino based keno games . . . . . . . . . . . . . . . . 12
19 Amendment of s 81 (Submission of reports) . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 Amendment of s 92 (Entry to and exclusion of entry from casino) . . . . . . . 12
21 Amendment of s 102 (Provisions relating to minors in respect of
casinos) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
22 Amendment of s 108 (Offences relating to unauthorised games) . . . . . . . . 13
23 Insertion of new ss 130 and 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
130 Extended time for making claims for prizes for certain
casino based keno games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
131 Transitional provision about forms . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 4--AMENDMENT OF KENO ACT 1996
24 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25 Amendment of s 53 (Decision about application) . . . . . . . . . . . . . . . . . . . . 15
26 Insertion of new s 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
74A Destruction of fingerprints of former licence holders . . . . . . . . . . . . 15
PART 5--AMENDMENT OF MOTOR ACCIDENT INSURANCE
ACT 1994
27 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28 Insertion of new s 52A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
52A Recovery of contribution by or from Nominal Defendant in
certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
29 Insertion of new s 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
104 Personal injury claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
30 Amendment of s 106 (Nominal Defendant) . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 6--AMENDMENT OF STATUTORY BODIES FINANCIAL
ARRANGEMENTS ACT 1982
31 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
32 Replacement of s 8 (General banking powers under pt 4 are additional) . . 18
8 Status of general banking powers under pt 4 . . . . . . . . . . . . . . . . . . . 18
33 Amendment of s 20 (Guarantee not affected by transfer of liability) . . . . . 19
34 Amendment of s 22 (Application of division) . . . . . . . . . . . . . . . . . . . . . . . . 19
3
Treasury Legislation Amendment
35 Amendment of s 29 (Recovery of amounts as debt from statutory body) . . 19
36 Amendment of s 30 (Treasurer may take security held by person
paid guarantee amount) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
1997
A BILL
FOR
An Act to amend certain Acts administered by the Treasurer
s1 6 s4
Treasury Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Treasury Legislation Amendment Act 4
1997. 5
6
Commencement
Clause 2. Section 30 is taken to have commenced on 1 September 1994.1 7
PART 2--AMENDMENT OF ART UNIONS ACT 1992 8
amended in pt 2 9
Act
Clause 3. This part amends the Art Unions Act 1992. 10
of s 95 (Direction by chief executive to authority holder to 11
Amendment
take action) 12
Clause 4. Section 95(1), `require'-- 13
omit, insert-- 14
`direct'. 15
1 The date of 1 September 1994 is the date on which the provisions of the Motor
Accident Insurance Act 1994 (other than sections 1 and 2) commenced.
s5 7 s6
Treasury Legislation Amendment
PART 3--AMENDMENT OF CASINO CONTROL ACT 1
1982 2
amended in pt 3 3
Act
Clause 5. This part amends the Casino Control Act 1982. 4
of s 4 (Interpretation) 5
Amendment
Clause 6.(1) Section 4(1)-- 6
insert-- 7
` "agency related keno game", for a casino operator, means an approved 8
keno game that-- 9
(a) is played in the casino; and 10
(b) in relation to which the casino operator is a keno agent within the 11
meaning of the Keno Act 1996. 12
"approved keno game" see Keno Act 1996, schedule 4.2 13
"casino based keno game" means a game designated under the rules as a 14
game of keno.'. 15
(2) Section 4(1), definition "casino gross revenue", `conduct of 16
gaming'-- 17
omit, insert-- 18
`conduct of gaming and agency related keno games'. 19
2 Keno Act 1996, schedule 4--
"approved keno game" means a keno game conducted by a keno licensee under
the keno licence.
s7 8 s8
Treasury Legislation Amendment
of s 15 (Power of delegation) 1
Replacement
Clause 7. Section 15-- 2
omit, insert-- 3
4
`Delegations
`15.(1) The Minister may delegate the Minister's powers under this Act 5
to-- 6
(a) the chief executive; or 7
(b) an appropriately qualified inspector or appropriately qualified 8
officer of the department. 9
`(2) The chief executive may delegate the chief executive's powers under 10
this Act to an appropriately qualified inspector or appropriately qualified 11
officer of the department. 12
`(3) In this section-- 13
"appropriately qualified" includes having the qualifications, experience or 14
standing appropriate to exercise the power. 15
16
Example of `standing'--
17
A person's classification level in the public service.'.
of s 20 (Suitability of casino licensee and other persons) 18
Amendment
Clause 8. Section 20-- 19
insert-- 20
`(3) If, for an investigation about a person under this section, the Minister 21
asks the commissioner of the police service for a written report about the 22
person's criminal history, the commissioner must give the report to the 23
Minister. 24
`(4) However, the report is required to contain only criminal history in 25
the commissioner's possession or to which the commissioner has access.'. 26
s9 9 s 11
Treasury Legislation Amendment
of s 30 (Investigations concerning continued suitability of 1
Amendment
casino licensee etc.) 2
Clause 9. Section 30-- 3
insert-- 4
`(3) If, for an investigation about a person under this section, the Minister 5
asks the commissioner of the police service for a written report about the 6
person's criminal history, the commissioner must give the report to the 7
Minister. 8
`(4) However, the report is required to contain only criminal history in 9
the commissioner's possession or to which the commissioner has access.'. 10
of s 36 (Requirement to apply for casino key employee 11
Amendment
licence in certain cases) 12
Clause 10. Section 36(4), `chief executive'-- 13
omit, insert-- 14
`Minister'. 15
of s 37 (Consideration of application) 16
Amendment
Clause 11. Section 37-- 17
insert-- 18
`(3) If, for an investigation about the applicant under this section, the 19
chief executive asks the commissioner of the police service for a written 20
report about the applicant's criminal history, the commissioner must give 21
the report to the chief executive. 22
`(4) However, the report is required to contain only criminal history in 23
the commissioner's possession or to which the commissioner has access.'. 24
s 12 10 s 14
Treasury Legislation Amendment
of s 38 (Minister may grant or refuse to grant 1
Amendment
application) 2
Clause 12. Section 38-- 3
insert-- 4
`(5) If the Minister refuses to grant an application for a casino key 5
employee licence or casino employee licence, the chief executive must, as 6
soon as practicable, cause the fingerprints and palm prints of the applicant 7
taken under section 37(1) for the application to be destroyed.'. 8
of s 43A (Investigations about casino key employees or 9
Amendment
casino employees) 10
Clause 13. Section 43A-- 11
insert-- 12
`(8) If, for an investigation about a casino key employee or casino 13
employee under this section, the chief executive asks the commissioner of 14
the police service for a written report about the employee's criminal history, 15
the commissioner must give the report to the chief executive. 16
`(9) However, the report is required to contain only criminal history in 17
the commissioner's possession or to which the commissioner has access.'. 18
of new s 47A 19
Insertion
Clause 14. After section 47-- 20
insert-- 21
of fingerprints and palm prints of former licence holders 22
`Destruction
`47A. If the casino key employee licence or casino employee licence held 23
by a person ceases to be in force, the chief executive must, as soon as 24
practicable, cause the fingerprints and palm prints of the person taken under 25
section 37(1)3 for the person's application for the licence to be destroyed.'. 26
3 Section 37 (Consideration of application)
s 15 11 s 17
Treasury Legislation Amendment
of s 60 (Variation of casino layout) 1
Amendment
Clause 15.(1) Section 60(1), before `details'-- 2
insert-- 3
`written'. 4
(2) Section 60-- 5
insert-- 6
`(1A) Despite subsection (1), if the proposed variation is a variation of 7
the closed-circuit television system on a temporary basis to evaluate new 8
camera positions, the details of the proposed variation-- 9
(a) may be submitted to the chief executive at any time before the 10
date proposed for giving effect to the variation; and 11
(b) are not required to be in writing or accompanied by plans and 12
diagrams illustrating the proposal.'. 13
(3) Section 60(3) and (4)-- 14
omit, insert-- 15
`(3) A variation to which subsection (1A) applies must not continue for 16
more than 14 days.'. 17
of s 61 (Hours of operation) 18
Amendment
Clause 16. Section 61(8)(b), `1.30 p.m.'-- 19
omit, insert-- 20
`1 p.m.'. 21
of s 62A (Gaming equipment outside of casino) 22
Amendment
Clause 17.(1) Section 62A(1) and (2)-- 23
omit, insert-- 24
`62A.(1) Despite section 62(2),4 a casino operator may operate gaming 25
equipment outside of a casino with the written approval of the chief 26
4 Section 62 (Gaming equipment and chips)
s 18 12 s 20
Treasury Legislation Amendment
executive.'. 1
(2) Section 62A(3), `A supervising inspector' to `he or she'-- 2
omit, insert-- 3
`The chief executive may approve the operation of gaming equipment 4
outside of a casino only if the chief executive'. 5
of new s 64AA 6
Insertion
Clause 18. After section 64-- 7
insert-- 8
for prizes for casino based keno games 9
`Claims
`64AA.(1) A claim for payment of a prize for a casino based keno game 10
must be made within 5 years after the day on which the game was 11
conducted. 12
`(2) In this section, a reference to a casino based keno game includes a 13
reference to a casino based keno game conducted before the 14
commencement.'. 15
of s 81 (Submission of reports) 16
Amendment
Clause 19.(1) Section 81(1), `, containing such information as is prescribed'-- 17
omit. 18
(2) Section 81-- 19
insert-- 20
`(1A) A report must be in the approved form.'. 21
of s 92 (Entry to and exclusion of entry from casino) 22
Amendment
Clause 20. Section 92(2) to (3)-- 23
omit, insert-- 24
`(2) A casino operator or casino manager may give a written direction to 25
a person prohibiting the person from entering or remaining in the casino. 26
s 21 13 s 22
Treasury Legislation Amendment
`(3) A direction may be given to a person only if the casino operator or 1
manager believes on reasonable grounds the person-- 2
(a) has engaged in dishonest acts in relation to gaming; or 3
(b) has acted in a way affecting, or potentially affecting-- 4
(i) the proper conduct or integrity of gaming; or 5
(ii) the safety or wellbeing of persons in the casino. 6
`(4) If a casino operator operates more than 1 casino, a direction may 7
relate to a stated casino, or all casinos, operated by the operator. 8
`(5) In this section-- 9
"casino manager", for a casino, means-- 10
(a) a person designated as a shift manager for the casino by the 11
casino operator; or 12
(b) another person who-- 13
(i) occupies a position equivalent, similar or more senior to the 14
position of a person mentioned in paragraph (a); and 15
(ii) is concerned with, or takes part in, managing the operations 16
of the casino.'. 17
of s 102 (Provisions relating to minors in respect of 18
Amendment
casinos) 19
Clause 21. Section 102(4), `prescribed form'-- 20
omit, insert-- 21
`approved form'. 22
of s 108 (Offences relating to unauthorised games) 23
Amendment
Clause 22. Section 108-- 24
insert-- 25
`(2) Subsection (1) does not apply if the person is the casino operator for 26
the casino and the game is-- 27
s 23 14 s 23
Treasury Legislation Amendment
(a) a machine game; or 1
(b) an agency related keno game.'. 2
of new ss 130 and 131 3
Insertion
Clause 23. After section 129-- 4
insert-- 5
time for making claims for prizes for certain casino based 6
`Extended
keno games 7
`130.(1) This section applies to a casino based keno game-- 8
(a) that was conducted at least 5 years before the commencement; 9
and 10
(b) for which a claim for payment of a prize for the keno game was 11
not made before the commencement. 12
`(2) This section also applies to a casino based keno game-- 13
(a) that was conducted less than 5 years before the commencement; 14
and 15
(b) for which a claim for payment of a prize for the keno game was 16
not made before the commencement; and 17
(c) for which, apart from subsection (3), the claim for payment 18
would be required to be made less than 3 months after the 19
commencement. 20
`(3) Despite section 64AA,5 a claim for payment of a prize for the casino 21
based keno game may be made within 3 months after the commencement. 22
`(4) This section expires 3 months after it commences. 23
provision about forms 24
`Transitional
`131.(1) This section applies if-- 25
(a) immediately before its commencement, there was a prescribed 26
form for a matter; and 27
5 Section 64AA (Claims for prizes for casino based keno games)
s 24 15 s 26
Treasury Legislation Amendment
(b) on the commencement, there is to be an approved form for the 1
matter or a form may be approved for the matter. 2
`(2) Until there is an approved form for the matter, the form that was the 3
prescribed form for the matter immediately before the commencement is 4
taken to be the approved form for the matter. 5
`(3) This section expires 6 months after it commences.'. 6
PART 4--AMENDMENT OF KENO ACT 1996 7
amended in pt 4 8
Act
Clause 24. This part amends the Keno Act 1996. 9
of s 53 (Decision about application) 10
Amendment
Clause 25. Section 53(2)-- 11
omit, insert-- 12
`(2) If the chief executive decides to refuse to grant an application for a 13
keno employee licence, the chief executive must-- 14
(a) promptly give the applicant an information notice about the 15
decision; and 16
(b) as soon practicable, cause the fingerprints of the applicant taken 17
under section 51(1) for the application to be destroyed.'. 18
of new s 74A 19
Insertion
Clause 26. After section 74-- 20
insert-- 21
of fingerprints of former licence holders 22
`Destruction
`74A.(1) This section applies if-- 23
(a) a person ceases to be a licensed keno employee; and 24
s 27 16 s 28
Treasury Legislation Amendment
(b) the keno employee licence was issued under section 53.6 1
`(2) As soon as practicable after the person ceases to be a licensed keno 2
employee, the chief executive must cause the fingerprints of the person 3
taken under section 51(1)7 for the person's application for the keno 4
employee licence to be destroyed.'. 5
ART 5--AMENDMENT OF MOTOR ACCIDENT 6
P
INSURANCE ACT 1994 7
amended in pt 5 8
Act
Clause 27. This part amends the Motor Accident Insurance Act 1994. 9
of new s 52A 10
Insertion
Clause 28. After section 52-- 11
insert-- 12
of contribution by or from Nominal Defendant in certain 13
`Recovery
cases 14
`52A.(1) This section applies if-- 15
(a) the Nominal Defendant is 1 of 2 or more insurers liable on a 16
motor vehicle accident claim; and 17
(b) the claim is not a claim in relation to which the insurers are, under 18
the industry deed and within the time stated in the deed, required 19
to resolve questions about-- 20
(i) which insurer is to be the claim manager; and 21
6 Section 53 (Decision about application)
7 Section 51 (Conditions for granting application)
s 29 17 s 29
Treasury Legislation Amendment
(ii) the basis on which claim costs are to be shared between the 1
insurers.8 2
`(2) For the recovery of contribution by or from the Nominal Defendant, 3
the Law Reform Act 1995, part 3, division 29 applies as if the Nominal 4
Defendant were a tortfeasor.'. 5
of new s 104 6
Insertion
Clause 29. Part 7-- 7
insert-- 8
injury claims 9
`Personal
`104.(1) A contract of insurance in force under the former Act 10
immediately before the commencement of this Act continues in force until 11
the earlier of the following-- 12
(a) the contract is replaced by a CTP insurance policy under this Act; 13
(b) 30 days after the end of the registration period to which it related. 14
`(2) If personal injury arises out of a motor vehicle accident happening 15
before the commencement of this Act, a claim for the personal injury must 16
be dealt with as if this Act had not been enacted. 17
`(3) If personal injury arises out of a motor vehicle accident happening 18
on or after the commencement of this Act, a claim for the personal injury 19
must be dealt with under this Act (even though the accident may have 20
happened while a policy of insurance issued under the former Act remains 21
in force). 22
`(4) This section is enacted to remove any doubt and does not affect the 23
operation of the Acts Interpretation Act 1954, section 20A10 in relation to 24
8 The relevant provision of the industry deed dealing with claims for which the
requirement to resolve the questions is imposed is section 5(1).
9 Law Reform Act 1995, part 3 (Tortfeasors contribution and contributory
negligence), division 2 (Proceedings against, and contribution between,
tortfeasors)
10 Acts Interpretation Act 1954, section 20A (Repeal does not end saving,
transitional or validating effect etc.)
s 30 18 s 32
Treasury Legislation Amendment
section 104 of this Act as originally enacted after the expiry of that section 1
on 31 December 1995.'. 2
of s 106 (Nominal Defendant) 3
Amendment
Clause 30. Section 106(5)-- 4
omit. 5
PART 6--AMENDMENT OF STATUTORY BODIES 6
FINANCIAL ARRANGEMENTS ACT 1982 7
amended in pt 6 8
Act
Clause 31. This part amends the Statutory Bodies Financial Arrangements Act 9
1982. 10
of s 8 (General banking powers under pt 4 are 11
Replacement
additional) 12
Clause 32. Section 8-- 13
omit, insert-- 14
of general banking powers under pt 4 15
`Status
`8.(1) A statutory body's powers under part 411-- 16
(a) are additional to-- 17
(i) its powers under the other parts of this Act; and 18
(ii) its powers under its authorising Act or another Act to 19
operate a basic institutional account; and 20
(b) do not affect its express powers under its authorising Act or 21
another Act to operate an overdraft institutional account. 22
11 Part 4 (General banking powers)
s 33 19 s 35
Treasury Legislation Amendment
`(2) However, if there is no express power to operate an overdraft 1
institutional account in the body's authorising Act or another Act, its 2
powers to operate an overdraft institutional account are limited to the 3
powers under this Act even though, for example, its authorising Act or 4
another Act states the body has-- 5
(a) the powers of a body corporate or individual; or 6
(b) the power generally to enter into contracts; or 7
(c) the power to do all things necessary or convenient for, or in 8
connection with, the performance of its functions. 9
`(3) In this section-- 10
"basic institutional account" means a deposit and withdrawal account 11
with a financial institution without an overdraft facility. 12
"overdraft institutional account" means a deposit and withdrawal 13
account with a financial institution with an overdraft facility.'. 14
of s 20 (Guarantee not affected by transfer of liability) 15
Amendment
Clause 33. Section 20(1)(a), `section 16 or 21'-- 16
omit, insert-- 17
`a guarantee section'. 18
of s 22 (Application of division) 19
Amendment
Clause 34. Section 22, `section 16 or 21'-- 20
omit, insert-- 21
`a guarantee section'. 22
of s 29 (Recovery of amounts as debt from statutory 23
Amendment
body) 24
Clause 35. Section 29, `section 16 or 21'-- 25
omit, insert-- 26
`a guarantee section'. 27
s 36 20 s 37
Treasury Legislation Amendment
of s 30 (Treasurer may take security held by person paid 1
Amendment
guarantee amount) 2
Clause 36. Section 30(1)(b), `section 16 or 21'-- 3
omit, insert-- 4
`a guarantee section'. 5
of schedule (Dictionary) 6
Amendment
Clause 37.(1) Schedule-- 7
insert-- 8
` "guarantee section" means section 16, 21 or 82.12'. 9
(2) Schedule, definitions "guarantee amount" and "recovery 10
amounts", `section 16 or 21'-- 11
omit, insert-- 12
`a guarantee section'. 13
14
© State of Queensland 1997
12 Section 16 (Guarantees for the State), 21 (Loans from QTC to statutory bodies)
or 82 (Certain loans by QTC taken to be guaranteed)
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