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Guardianship and Administration and Other Acts Amendment Bill 2008
Guardianship and Administration and
Other Acts Amendment Bill 2008
Explanatory Notes for amendments to be
moved during consideration in detail by the
Honourable Kerry Shine MP Attorney-General
and Minister for Justice and Minister assisting
the Premier in Western Queensland
Title of the Bill
Guardianship and Administration and Other Acts Amendment Bill 2008
Objective of the Amendments
The objective of the amendments is to correct an unintended change to the
existing section 53 of the Jury Act 1995 in clause 26 of the Bill in relation
to lunch and dinner adjournments.
Currently, section 53 of the Jury Act 1995 entitles members of a jury to
separate before retiring to consider their verdict for the purpose of
obtaining meals unless the judge orders the jurors not to separate because it
may prejudice a fair trial. However, clause 26 amends section 53 to provide
that the judge must allow the jury to separate during a lunch or dinner
adjournment to obtain meals and therefore unintentionally removes the
judge's discretion to order that the jury not separate.
Alternative Ways of Achieving Policy Objectives
There are no alternative ways of achieving the policy objectives.
Estimated Cost for Government Implementation
There are no costs associated with the amendments.
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Guardianship and Administration and Other Acts Amendment Bill 2008
Consistency with Fundamental Legislative Principles
The amendments are consistent with Fundamental Legislative Principles.
Consultation
Consultation has been undertaken with the Sheriff of Queensland on the
amendments.
Notes on Provisions
Clause 1 amends clause 26 of the Bill to omit the new subsections 53(3)
and 53(4) of the Jury Act 1995 and replaces them with a number of new
subsections. The new subsections will ensure, consistent with the current
operation of section 53 of the Jury Act 1995, that before a jury in a criminal
trial retires to consider its verdict members of the jury are entitled to
separate during a lunch or dinner adjournment to obtain meals but that the
judge has discretion to order that the jury not separate if this may prejudice
a fair trial.
Clauses 2 to 6 amend clause 26 of the Bill to renumber the remaining
subsections of the new section 53 consequential to the amendment in
clause 1.
Clause 7 amends the references to the new section 53 of the Jury Act 1995
in the transitional provision in clause 27 of the Bill consequential to the
re-numbering amendments in clauses 2 and 3.
© State of Queensland 2008
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