Queensland Numbered Acts

JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2010 NO. 42

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Acts Interpretation Act 1954
   3.      Act amended in pt 2 and schedule
   4.      Amendment of s 9 (Act to be interpreted not to exceed Parliament's legislative power)
   5.      Amendment of s 35C (Headings part of provision etc.)
   6.      Insertion of new pt 12
           Part 3--Amendment of Appeal Costs Fund Act 1973
   7.      Act amended
   8.      Amendment of s 4 (Interpretation)
           9. Amendment of s 12 (Statement to Minister)
   10.     Insertion of new s 25A
           11. Insertion of new pt 6
           Part 4--Amendment of Appeal Costs Fund Regulation 2010
   12.     Regulation amended
   13.     Omission of s 2 (Definition)
           14. Omission of s 13 (Approval of forms)
           Part 5--Amendment of Bail Act 1980
   15.     Act amended in pt 5 and schedule
   16.     Amendment of s 16 (Refusal of bail)
   17.     Amendment of s 28A (Other warrants for apprehension of defendant)
   18.     Amendment of s 33 (Failure to appear in accordance with undertaking)
           Part 6--Amendment of Childrens Court Act 1992
   19.     Act amended
   20.     Insertion of new s 28A
           Part 7--Amendment of Criminal Code
   21.     Code amended
   22.     Amendment of s 694 (Costs of defence)
   23.     Renumbering of pt 9, ch 87 (Transitional provisions for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010)
           Part 8--Amendment of Disability Services Act 2006
   24.     Act amended in pt 8
   25.     Amendment of s 123ZK (Short term approval for use of restrictive practices other than containment or seclusion)
   26.     Amendment of s 123ZL (Period for which short term approval has effect)
   27.     Amendment of pt 16, div 3, hdg
   28.     Amendment of s 241 (Interpretation)
           29. Insertion of new s 241A
           Part 9--Amendment of District Court of Queensland Act 1967
   30.     Act amended in pt 9 and schedule
   31.     Amendment of s 3 (Definitions)
   32.     Replacement of s 36 (Principal registrar and associates)
   33.     Omission of ss 93, 94 and 95
           34. Omission of pt 7, div 7 (Miscellaneous)
   35.     Omission of s 121 (Appeal against refusal to approve and revocation of approval as mediator or case appraiser)
   36.     Insertion of new s 147
           Part 10--Amendment of Drugs Misuse Act 1986
   37.     Act amended in pt 10 and schedule
   38.     Amendment of s 4C (Analysts)
           Part 11--Amendment of Electoral Act 1992
   39.     Act amended in pt 11 and schedule
   40.     Amendment of s 60 (Inspection and purchase of publicly available parts of electoral rolls)
   41.     Replacement of s 61 (Availability of entire electoral rolls)
   42.     Amendment of s152 (Misuse of restricted information)
   43.     Insertion of new pt 11, div 4
   44.     Amendment of schedule, s 320 (Inspection and supply of copies of claims and returns)
           Part 12--Amendment of Electoral Regulation 2002
   45.     Regulation amended
   46.     Amendment of sch 2 (Fees)
           Part 13--Amendment of Evidence Act 1977
   47.     Act amended
   48.     Amendment of s 21AM (Use of prerecorded evidence)
           Part 14--Amendment of Family Responsibilities Commission Act 2008
   49.     Act amended
   50.     Amendment of s 10 (Commission's functions)
   51.     Amendment of s 50 (Constitution of commission for conference)
   52.     Insertion of new ss 50A and 50B
           53. Amendment of s 53 (Reconstituting commission for particular conference)
   54.     Insertion of new s 53A
           55. Amendment of s 62 (Obtaining views of persons not attending conference)
   56.     Amendment of s 64 (Adjournment of conference)
   57.     Amendment of s 73 (Notice about requirement to attend community support service)
   58.     Amendment of s 77 (Recording of case plan)
   59.     Amendment of pt 7, div 2, hdg (Noncompliance with compulsory case plans)
   60.     Amendment of s 81 (Definition for div 2)
   61.     Amendment of s 82 (Show cause notice)
   62.     Amendment of s 86 (Ending show cause process without taking proposed action)
   63.     Insertion of new pt 9, div 1, hdg
   64.     Insertion of new pt 9, div 2, and div 3, hdg
   65.     Amendment of s 98 (Constitution of commission)
   66.     Amendment of s 100 (Inquiry about application)
   67.     Amendment of s 101 (Failure to decide application)
   68.     Amendment of s 103 (Limitation on increasing period of income management)
   69.     Amendment of s 147 (Preservation of confidentiality)
   70.     Insertion of new s 157
           71. Amendment of schedule (Dictionary)
           Part 15--Amendment of Guardianship and Administration Act 2000
   72.     Act amended
   73.     Amendment of s 80ZK (When adult guardian may give short term approval for use of other restrictive practices)
   74.     Insertion of new ch 11, pt 2A
   75.     Amendment of s 245 (Settlements or damages awards)
   76.     Amendment of sch 4 (Dictionary)
           Part 16--Amendment of Industrial Relations Act 1999
   77.     Act amended
   78.     Amendment of s 17 (Definitions for pt 2)
   79.     Amendment of s 18 (Entitlement)
           80. Amendment of s 20 (Notices and documents—parental leave other than maternity or adoption leave)
   81.     Insertion of new s 21A
           82. Amendment of s 22 (Reasons not to give notice or documents)
   83.     Amendment of s 23 (Notice of change to situation)
   84.     Amendment of s 25 (Spouses not to take parental leave at same time)
   85.     Amendment of s 26 (Cancelling parental leave)
   86.     Amendment of s 29A (Extending period of parental leave by agreement)
   87.     Amendment of s 29C (Application for extension or part-time work)
   88.     Amendment of s 29D (Employer to give proper consideration to application for extension or part-time work)
   89.     Amendment of s 31 (Effect on parental leave of ceasing to be the primary caregiver)
   90.     Amendment of s 33 (Employer's obligation to advise about parental leave entitlements)
   91.     Amendment of s 34 (Dismissal because of pregnancy or parental leave)
   92.     Insertion of new s 38AA
           93. Amendment of s 243 (President of the court)
   94.     Amendment of s 246 (Acting president of the court)
   95.     Amendment of s 258 (Vice president of the commission)
   96.     Amendment of s 258A (Deputy presidents of the commission)
   97.     Amendment of s 259 (Commissioners)
           98. Amendment of s 259A (Commissioner may be appointed ombudsman)
   99.     Insertion of new s 259AA
           100. Amendment of s 264 (Administrative responsibilities for the commission and registry)
   101.    Amendment of s 278 (Power to recover unpaid wages and superannuation contribution etc.)
   102.    Amendment of s 281 (Reference to full bench)
   103.    Amendment of s 338 (Rules)
           104. Insertion of new s 339GA
           105. Amendment of s 339H (Appointment of ombudsman)
   106.    Omission of s 339Z (Quarterly report)
   107.    Amendment of s 365 (Revocation and suspending industrial officer's authorisation)
   108.    Amendment of s 373 (Right to inspect and request information—authorised industrial officer)
   109.    Insertion of new s 373A
           110. Amendment of s 400I (Mandatory code of practice for outworkers)
   111.    Amendment of s 408F (Commission may order repayment of fees received by private employment agent)
   112.    Amendment of s 412 (Meaning of office for ch 12)
   113.    Insertion of new ch 20, pt 11
   114.    Amendment of sch 2 (Appointments)
   115.    Amendment of sch 5 (Dictionary)
           Part 17--Amendment of Industrial Relations (Tribunals) Rules 2000
   116.    Rules amended in pt 17 and schedule
   117.    Amendment of r 201A (Vacations and holidays)
           Part 18--Amendment of Judges (Pensions and Long Leave) Act 1957
   118.    Act amended
   119.    Amendment of s 15 (Leave of absence of judges)
           Part 19--Amendment of Justices Act 1886
   120.    Act amended in pt 19 and schedule
   121.    Amendment of s 47 (What is sufficient description of offence)
   122.    Omission of s 64 (Sunday warrants)
   123.    Replacement of s 151 (Formal convictions and orders)
   124.    Amendment of s 152 (Formal record of conviction not necessary, except for special purposes)
   125.    Amendment of s 154 (Copies of record)
           Part 20--Amendment of Justices of the Peace and Commissioners for Declarations Act 1991
   126.    Act amended in pt 20 and schedule
   127.    Amendment of s 3 (Interpretation)
   128.    Amendment of s 13 (Register of justices of the peace and commissioners for declarations)
   129.    Amendment of s 14 (Correction of register)
   130.    Amendment of s 21 (Registration of justices of the peace and commissioners for declarations)
   131.    Amendment of s 22 (Registrar to be notified of change to registered particulars)
   132.    Amendment of s 23 (Resignation)
           133. Amendment of s 24 (Revocation of appointment)
   134.    Amendment of s 25 (Prohibition on acting in office)
   135.    Amendment of s 26 (Notification of cessation of office)
   136.    Amendment of s 38 (Publication of office holders)
   137.    Insertion of new pt 5, div 3
           Part 21--Amendment of Legal Profession Act 2007
   138.    Act amended in pt 21 and schedule
   139.    Amendment of s 25 (Prohibition on representing or advertising entitlement to engage in legal practice when not entitled)
   140.    Amendment of s 330 (Bills)
           141. Amendment of s 683 (Delegation)
           142. Insertion of new ch 10, pt 3
   143.    Amendment of sch 2 (Dictionary)
           Part 22--Amendment of Magistrates Act 1991
   144.    Act amended in pt 22 and schedule
   145.    Amendment of s 4 (Qualifications for appointment of magistrates)
   146.    Amendment of s 6 (Appointment of acting magistrates)
   147.    Amendment of s 12 (Functions of Chief Magistrate)
   148.    Amendment of s 42 (Tenure of office)
   149.    Amendment of s 53 (Appointment of judicial registrars)
   150.    Amendment of s 53A (Appointment of acting judicial registrars)
   151.    Amendment of s 53N (Ceasing to be a judicial registrar)
   152.    Omission of pt 9A, div 4
   153.    Insertion of new pt 10, div 7
           Part 23--Amendment of Magistrates Courts Act 1921
   154.    Act amended in pt 23 and schedule
   155.    Amendment of s 2 (Definitions)
   156.    Omission of ss 25-27
           157. Omission of s 49 (Appeal against refusal to approve and revocation of approval as mediator or case appraiser)
   158.    Omission of pt 5, div 7
           Part 24--Amendment of Payroll Tax Act 1971
   159.    Act amended
   160.    Amendment of s 14A (Exemption for parental and adoption leave)
           Part 25--Amendment of Penalties and Sentences Act 1992
   161.    Act amended
   162.    Amendment of s 15D (Meaning of eligible drug offence)
   163.    Amendment of s 32 (Recognisance instead of imposing any other sentence)
   164.    Insertion of new s 219
           Part 26--Amendment of Professional Standards Act 2004
   165.    Act amended
   166.    Amendment of s 14 (Schemes are subject to disallowance)
   167.    Amendment of s 15 (Commencement of schemes)
   168.    Amendment of s 16 (Challenges to schemes)
           Part 27--Amendment of Property Law Act 1974
   169.    Act amended in pt 27 and schedule
   170.    Amendment of s 82 (Tacking and further advances)
           Part 28--Amendment of Public Trustee Act 1978
   171.    Act amended
   172.    Amendment of s 77 (Definitions)
           Part 29--Amendment of Queensland Civil and Administrative Tribunal Act 2009
   173.    Act amended
   174.    Insertion of new ch 4, pt 4A
   175.    Omission of s 242A (Expiry of ss 198A and 242A and amendment of Act)
   176.    Insertion of new ch 9
   177.    Amendment of sch 3 (Dictionary)
           Part 30--Amendment of Queensland Civil and Administrative Tribunal Regulation 2009
   178.    Regulation amended
   179.    Omission of pt 5 (Other provisions)
           Part 31--Amendment of Reprints Act 1992
   180.    Act amended
   181.    Amendment of s 26 (Spelling)
   182.    Amendment of s 40 (Omission of amending and repealing provisions)
           Part 32--Amendment of State Penalties Enforcement Act 1999
   183.    Act amended
   184.    Amendment of s 24 (Registration of instalment payments for infringement notices)
   185.    Amendment of s 30 (Application to cancel infringement notice for mistake of fact)
   186.    Amendment of s 32 (Proceedings after cancellation of infringement notice)
   187.    Amendment of s 46 (Fine option order only for unpaid fine)
   188.    Amendment of s 55 (Application of div 6)
   189.    Amendment of s 56 (Applications for cancellation of enforcement orders)
   190.    Amendment of s 57 (Decision on application)
   191.    Amendment of s 60 (Provisions relating to cancellation of enforcement order)
   192.    Amendment of s 110 (Registration of interests)
   193.    Amendment of s 112 (Order of satisfaction of other amounts)
   194.    Amendment of s 118 (Good behaviour order when imprisonment not appropriate)
   195.    Amendment of s 137 (Enforcement order)
           Part 33--Amendment of Supreme Court Act 1995
   196.    Act amended
   197.    Replacement of s 210 (Principal registrar and associates)
   198.    Insertion of new s 306
           Part 34--Amendment of Supreme Court of Queensland Act 1991
   199.    Act amended
   200.    Omission of ss 98, 99 and 100
   201.    Omission of pt 8, div 7 (Miscellaneous)
   202.    Insertion of new s 140
           203. Amendment of sch 1 (Subject matter for rules)
   204.    Amendment of sch 2 (Dictionary)
           Part 35--Amendment of Torres Strait Islander Land Act 1991
   205.    Act amended
   206.    Amendment of s 126 (Annual report)
           Part 36--Amendment of Transport Operations (Passenger Transport) Act 1994
   207.    Act amended
   208.    Insertion of new ch 13, pt 10
           Part 37--Amendment of Uniform Civil Procedure (Fees) Regulation 2009
   209.    Regulation amended
   210.    Omission of pt 3 (Alternative dispute resolution fees)
           Part 38--Amendment of Workers' Compensation and Rehabilitation Act 2003
   211.    Act amended
   212.    Renumbering of ch 26 (Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010)
   213.    Amendment of sch 4 (Adjacent areas)
           Part 39--Minor amendments
   214.    Legislation amended in schedule
           SCHEDULE -- MINOR AMENDMENT OF LEGISLATION