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Queensland
Justice and Other Legislation
Amendment Bill 2005
Queensland
Justice and Other Legislation Amendment
Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Acts Interpretation Act 1954
3 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 2 (Act applies to all Acts). . . . . . . . . . . . . . . . . . 10
5 Amendment of s 6 (References to Act) . . . . . . . . . . . . . . . . . . . . 10
6 Amendment of s 14 (Material that is, and is not, part of an Act . . 11
7 Amendment of s 14F (References to particular Acts) . . . . . . . . . 11
8 Amendment of s 22A (Insertion of provisions by amending Act) . 12
9 Amendment of s 22C (Automatic repeal of amending Act) . . . . . 12
10 Amendment of s 24B (Acting appointments) . . . . . . . . . . . . . . . . 12
11 Amendment of s 24C (Acting person nominated by Act etc.). . . . 13
12 Amendment of s 27A (Delegation of powers). . . . . . . . . . . . . . . . 13
13 Amendment of s 35C (Headings part of provision etc.) . . . . . . . . 14
14 Insertion of new s 35CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
35CA References to items at the end of a provision . . . . . . 14
15 Amendment of s 36 (Meaning of commonly used words and
expressions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 3 Amendment of Anti-Discrimination Act 1991
16 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Amendment of s 15A (Discrimination by principals). . . . . . . . . . . 15
18 Amendment of s 113 (Tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Amendment of s 143 (Respondent is to be notified of accepted
complaint). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
20 Amendment of s 165 (Complaints which are not resolved by
conciliation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
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Justice and Other Legislation Amendment Bill 2005
21 Amendment of s 166 (Complainant may obtain referral of
unconciliated complaint). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
22 Amendment of s 176 (Constitution of tribunal) . . . . . . . . . . . . . . . 17
23 Amendment of s 213C (Acceptance of offer to settle) . . . . . . . . . 17
24 Amendment of s 214 (Authentication of documents) . . . . . . . . . . 18
25 Amendment of s 215 (Judicial notice of certain signatures). . . . . 18
26 Insertion of new s 246A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
246A Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 18
Part 4 Appeals Cost Fund Act 1973
28 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
29 Amendment of s 16 (Effect of indemnity certificate under s 15). . 19
Part 5 Amendment of Bail Act 1980
30 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
31 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 19
32 Amendment of s 11 (Conditions of release on bail) . . . . . . . . . . . 20
33 Amendment of s 20 (Undertaking as to bail) . . . . . . . . . . . . . . . . 20
34 Amendment of s 28A (Other warrants for apprehension of
defendant) ....................................... 21
35 Amendment of s 29 (Offence to breach conditions of bail). . . . . . 21
36 Amendment of s 29A (Procedure in respect of defendants
apprehended under s 21(7) or the Police Powers and
Responsibilities Act 2000) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
37 Amendment of s 30 (Apprehension on variation or revocation of
bail) ............................................ 21
Part 6 Amendment of Births, Deaths and Marriages Registration
Act 2003
38 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
39 Amendment of s 19 (Registration of change of name) . . . . . . . . . 22
40 Amendment of s 27 (Deaths that may be registered in
Queensland) .................................... 22
41 Amendment of s 48A (Registrar to give notice of registration of
child death to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 7 Amendment of Civil Liability Act 2003
42 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
43 Amendment of ch 5 hdg (Transitional provisions). . . . . . . . . . . . . 23
44 Insertion of new ch 5, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 4 Declaration about commencement of chapter
2, part 2
82 Commencement of ch 2, pt 2 . . . . . . . . . . . . . . . . . . . 24
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Justice and Other Legislation Amendment Bill 2005
Part 8 Amendment of Coroners Act 2003
45 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
46 Amendment of s 11 (Deaths to be investigated) . . . . . . . . . . . . . 24
47 Amendment of s 19 (Order for autopsy) . . . . . . . . . . . . . . . . . . . . 25
48 Amendment of s 26 (Control of body) . . . . . . . . . . . . . . . . . . . . . 25
49 Amendment of s 83 (Appointed coroners) . . . . . . . . . . . . . . . . . . 26
Part 9 Amendment of Corrective Services Act 2000
50 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
51 Amendment of s 95 (Obstructing corrective services officer). . . . 26
Part 10 Amendment of Criminal Code
52 Code amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
53 Amendment of s 1 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 27
54 Amendment of s 207A (Definitions for this chapter) . . . . . . . . . . . 27
55 Insertion of new ss 227A-227C . . . . . . . . . . . . . . . . . . . . . . . . . . 29
227A Observations or recordings in breach of privacy . . . . 29
227B Distributing prohibited visual recordings. . . . . . . . . . . 30
227C Persons who are not criminally responsible for
offences against ss 227A and 227B . . . . . . . . . . . . . . 31
56 Amendment of s 228H (Possession etc. of child exploitation
material by law enforcement officer). . . . . . . . . . . . . . . . . . . . . . . 32
57 Insertion of new s 230A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
230A Definitions for ch 23 . . . . . . . . . . . . . . . . . . . . . . . . . . 32
58 Replacement of ss 232-235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
232 Operating a place for unlawful games . . . . . . . . . . . . 33
233 Possession of thing used to play an unlawful game . . 34
234 Conducting or playing unlawful games. . . . . . . . . . . . 34
59 Amendment of s 340 (Serious assaults) . . . . . . . . . . . . . . . . . . . 34
60 Omission of s 637 (Evidence of gaming) . . . . . . . . . . . . . . . . . . . 35
Part 11 Amendment of Dangerous Prisoners (Sexual Offenders) Act
2003
61 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
62 Amendment of s 5 (Attorney-General may apply for orders) . . . . 35
63 Amendment of s 8 (Preliminary hearing) . . . . . . . . . . . . . . . . . . . 35
64 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
9A Court may adjourn hearing for division 3 order . . . . . 36
65 Amendment of s 10 (Discontinuing application for division 3
order) ......................................... 37
66 Replacement of pt 2, div 3 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . 37
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Justice and Other Legislation Amendment Bill 2005
67 Insertion of new pt 2, div 3A hdg . . . . . . . . . . . . . . . . . . . . . . . . . 37
68 Amendment of s 14 (Effect of continuing detention order) . . . . . . 37
69 Amendment of s 15 (Effect of supervision order) . . . . . . . . . . . . . 38
70 Insertion of new pt 2, div 3B hdg . . . . . . . . . . . . . . . . . . . . . . . . . 38
71 Amendment of s 16 (Conditions for supervised release) . . . . . . . 38
72 Insertion of new pt 2, div 3C hdg . . . . . . . . . . . . . . . . . . . . . . . . . 38
73 Amendment of s 17 (Court to give reasons). . . . . . . . . . . . . . . . . 39
74 Amendment of pt 2, div 4 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
75 Amendment of s 18 (Application for amendment) . . . . . . . . . . . . 39
76 Amendment of s 19 (Amendment of conditions of supervision
order) .......................................... 39
77 Amendment of pt 2, div 5 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
78 Amendment of s 20 (Summons or warrant for released prisoner
suspected of contravening a supervision order). . . . . . . . . . . . . . 40
79 Amendment of s 21 (Contravention of supervision order) . . . . . . 40
80 Amendment of s 22 (Court may make further order) . . . . . . . . . . 40
81 Amendment of s 23 (Application of division) . . . . . . . . . . . . . . . . 41
82 Amendment of s 24 (Period in custody not counted) . . . . . . . . . . 41
83 Amendment of s 41 (Stay of operation of decision) . . . . . . . . . . . 41
84 Amendment of s 42 (Court's power to order re-arrest on appeal
by Attorney-General) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
85 Amendment of s 43 (Court of Appeal's powers on appeal) . . . . . 42
86 Insertion of new s 43A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
43A Persons who remain prisoners for particular
purposes ............................ 43
87 Amendment of s 44 (Hearings on the papers) . . . . . . . . . . . . . . . 43
88 Amendment of s 49 (Appearance at hearings). . . . . . . . . . . . . . . 43
89 Amendment of s 51 (Post-prison community based release). . . . 44
90 Insertion of new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Part 6 Transitional provisions for Justice and Other
Legislation Amendment Act 2005
54 Amendment does not affect existing orders . . . . . . . . 44
55 Transitional statements for particular provisions. . . . . 44
56 Amendments not to affect status of persons who
were prisoners for particular purposes . . . . . . . . . . . . 45
91 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 45
Part 12 Amendment of Evidence Act 1977
92 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
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Justice and Other Legislation Amendment Bill 2005
93 Amendment of s 93A (Statement made before proceeding by
child or intellectually impaired person) . . . . . . . . . . . . . . . . . . . . . 47
94 Amendment of s 134A (Production of documents by agencies
in relation to civil proceedings) . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
95 Insertion of new pt 9, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 4 Justice and Other Legislation Amendment Act
2005
144 Statement made before proceeding by child or
intellectually impaired person . . . . . . . . . . . . . . . . . . . 48
145 Definition chief executive (surveys) . . . . . . . . . . . . . . 48
Part 13 Amendment of Freedom of Information Act 1992
96 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
97 Amendment of s 7 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 49
98 Amendment of s 11 (Act not to apply to certain bodies etc.) . . . . 49
99 Amendment of s 35A (Meaning of financial hardship) . . . . . . . . . 49
100 Amendment of s 52A (Who is aggrieved by a decision for s 52) . 50
101 Omission of s 108B (Combining strategic reviews) . . . . . . . . . . . 50
102 Replacement of pt 7 hdg (Transitional provision for
Ombudsman Act 2001) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
103 Replacement of pt 8 hdg (Transitional provision for Terrorism
(Community Safety) Amendment Act 2004) . . . . . . . . . . . . . . . . . 50
104 Replacement of pt 9 hdg (Transitional provision for Transport
Infrastructure Amendment Act 2004) . . . . . . . . . . . . . . . . . . . . . . 51
105 Replacement of pt 10, hdg (Transitional provisions for Freedom
of Information and Other Legislation Amendment Act 2005) . . . . 51
106 Amendment of sch 4, s 8 (Concession card given and accepted) 51
107 Amendment of sch 4, s 10 (Financial hardship claim if
agency is a department). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Part 14 Amendment of Justices Act 1886
108 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
109 Amendment of s 40 (Penalty for insulting or interrupting justices) 52
110 Amendment of s 142A (Permissible procedure in absence of
defendant in certain cases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
111 Amendment of s 146A (Proceeding at the hearing on
defendant's confession in absentia) . . . . . . . . . . . . . . . . . . . . . . . 53
112 Replacement of ss 178B-178F . . . . . . . . . . . . . . . . . . . . . . . . . . 53
178B Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
178C Use of video link facilities in proceedings . . . . . . . . . . 54
178D Facility user taken to be before the court . . . . . . . . . . 55
178E Way video link facilities must be operated . . . . . . . . . 55
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Justice and Other Legislation Amendment Bill 2005
178F Facilities for private communication . . . . . . . . . . . . . . 55
Part 15 Amendment of Juvenile Justice Act 1992
113 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
114 Amendment of s 48 (Decisions about bail and related matters). . 56
115 Amendment of s 150 (Sentencing principles). . . . . . . . . . . . . . . . 57
116 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 57
Part 16 Amendment of Land Court Act 2000
117 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
118 Amendment of s 12 (Power to rehear matters) . . . . . . . . . . . . . . 58
119 Insertion of new pt 2, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 3A Powers and responsibilities of president
20A Arrangement of business . . . . . . . . . . . . . . . . . . . . . . 58
120 Amendment of s 34 (Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
121 Amendment of s 35 (Privileges, protection and immunity) . . . . . . 59
122 Replacement of s 57 (Land Appeal Court may remit matter) . . . . 59
57 Powers of Land Appeal Court. . . . . . . . . . . . . . . . . . . 59
123 Amendment of s 65 (Notice of appeal). . . . . . . . . . . . . . . . . . . . . 59
124 Amendment of s 75 (When leave to appeal must be sought and
appeal made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Part 17 Amendment of Magistrates Act 1991
125 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
126 Amendment of s 23 (Decisions about constituting Magistrates
Courts) .......................................... 60
Part 18 Amendment of Prisoners (Interstate Transfer) Act 1982
127 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
128 Replacement of pt 2 hdg (Transfer for prisoner's welfare) . . . . . . 61
129 Amendment of s 6 (Requests for, and orders of, transfer) . . . . . . 61
130 Amendment of s 10 (Reports) . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
131 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
10A Matters that the Minister may have regard to . . . . . . . 61
132 Amendment of s 22 (Provisions ancillary to ss 19 and 20) . . . . . 62
Part 19 Amendment of Professional Standards Act 2004
133 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
134 Insertion of new s 21A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
21A Extension of liability limitation to other persons to
whom scheme applies . . . . . . . . . . . . . . . . . . . . . . . . 63
135 Amendment of s 71 (Regulation-making power) . . . . . . . . . . . . . 64
136 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 64
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Justice and Other Legislation Amendment Bill 2005
Part 20 Amendment of Recording of Evidence legislation
Division 1 Amendment of Recording of Evidence Act 1962
137 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
138 Amendment of s 4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . 65
139 Amendment of s 11 (Person giving evidence need not sign
deposition etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
140 Insertion of new s 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
14 Declaratory provision for Justice and Other
Legislation Amendment Act 2005. . . . . . . . . . . . . . . . 66
Division 2 Amendment of Recording of Evidence Regulation 1992
141 Regulation amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
142 Amendment of s 5 (Safe custody of tapes and original certified
transcriptions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Part 21 Amendment of Small Claims Tribunals Act 1973
143 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
144 Amendment of s 5 (Appointment of referees and referees ex
officio) ......................................... 68
145 Amendment of s 11 (Constitution of tribunal) . . . . . . . . . . . . . . . . 68
146 Amendment of s 23A (Examination of person required by order
to pay money). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Part 22 Amendment of State Penalties Enforcement Act 1999
147 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
148 Amendment of s 104 (Criteria for suspending driver licence) . . . 70
149 Amendment of s 165 (Regulation-making power) . . . . . . . . . . . . 70
150 Amendment of pt 10, hdg (Transitional and validating provisions) 71
151 Amendment of pt 10, div 2, hdg (Validating provisions) . . . . . . . . 71
152 Insertion of new s 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
174 Infringement notice for a corporation . . . . . . . . . . . . . 71
Part 23 Amendment of Statutory Instruments Act 1992
153 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
154 Insertion of new ss 14A and 14B . . . . . . . . . . . . . . . . . . . . . . . . . 72
14A Modified application--s 6 . . . . . . . . . . . . . . . . . . . . . . 72
14B Modified application--s 14 . . . . . . . . . . . . . . . . . . . . . 72
155 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
15A Modified application--section 14F . . . . . . . . . . . . . . . 72
156 Amendment of sch 1 (Provisions of Acts Interpretation Act 1954
that apply to statutory instruments) . . . . . . . . . . . . . . . . . . . . . . . 73
157 Amendment of sch 2 (Provisions of Acts Interpretation Act 1954
that do not apply to statutory instruments) . . . . . . . . . . . . . . . . . . 73
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Justice and Other Legislation Amendment Bill 2005
Part 24 Amendment of Supreme Court Library Act 1968
158 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
159 Amendment of s 4 (Constitution of committee, appointment and
term of office of members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
160 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
7A Historic documents given to committee for
preservation ........................... 74
Part 25 Amendment of Supreme Court of Queensland Act 1991
161 Act amended in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
162 Amendment of s 31 (Constitution of court if 1 judge of appeal
unable to continue) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
163 Replacement of s 41 (Decision) . . . . . . . . . . . . . . . . . . . . . . . . . . 75
41 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
164 Amendment of s 118 (Rule-making power) . . . . . . . . . . . . . . . . . 76
165 Amendment of sch 1 (Subject matter for rules) . . . . . . . . . . . . . . 76
Part 26 Minor amendments and repeal
166 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
167 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . 80
Criminal Proceeds Confiscation Act 2002 . . . . . . . . . . . . . . . . . . 80
Electronic Transactions (Queensland) Act 2001 . . . . . . . . . . . . . 80
Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Legal Aid Queensland Act 1997. . . . . . . . . . . . . . . . . . . . . . . . . . 81
Penalties and Sentences Act 1992. . . . . . . . . . . . . . . . . . . . . . . . 81
Prisoners (Interstate Transfer) Act 1982. . . . . . . . . . . . . . . . . . . . 82
Powers of Attorney Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Queensland Law Society Act 1952 . . . . . . . . . . . . . . . . . . . . . . . 82
2005
A Bill
for
An Act to amend legislation administered by the
Attorney-General, and for other purposes
s1 10 s5
Justice and Other Legislation Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Justice and Other Legislation 4
Amendment Act 2005. 5
Clause 2 Commencement 6
Part 5 and sections 162 and 163 commence on a day to be 7
fixed by proclamation. 8
Part 2 Acts Interpretation Act 1954 9
Clause 3 Act amended in this part 10
This part amends the Acts Interpretation Act 1954. 11
Clause 4 Amendment of s 2 (Act applies to all Acts) 12
(1) Section 2(2)-- 13
omit. 14
(2) Section 2-- 15
insert-- 16
17
`Note--
18
For the application of this Act to statutory instruments, see the Statutory
19
Instruments Act 1992, part 4, divisions 1 and 2.'.
Clause 5 Amendment of s 6 (References to Act) 20
Section 6-- 21
s6 11 s7
Justice and Other Legislation Amendment Bill 2005
insert-- 1
`(2) In an Act, a reference to `an Act' includes the Act in which 2
the reference is.'. 3
Clause 6 Amendment of s 14 (Material that is, and is not, part of an 4
Act 5
(1) Section 14(4) to (6)-- 6
renumber as section 14(5) to (7). 7
(2) Section 14-- 8
insert-- 9
`(4) A note in an Act to the Act or to a provision of the Act, as 10
opposed to a footnote, an editor's note or an endnote 11
mentioned in subsection (7), is part of the Act. 12
13
Example of a note--
14
See the note to section 2.
15
Example of a footnote--
16
See the footnote to section 36, definition Acting Governor.'.
(3) Section 14(7), as renumbered, after `footnote'-- 17
insert-- 18
`or editor's note'. 19
Clause 7 Amendment of s 14F (References to particular Acts) 20
Section 14F(1)-- 21
insert-- 22
23
`Examples of citations--
24
1 Statutory Instruments Act 1992
25
2 Statutory Instruments Act 1992, No. 22
26
3 Act No. 22 of 1992
27
4 1992 Act No. 22'.
s8 12 s 10
Justice and Other Legislation Amendment Bill 2005
Clause 8 Amendment of s 22A (Insertion of provisions by 1
amending Act) 2
(1) Section 22A(7)-- 3
renumber as section 22A(8). 4
(2) Section 22A-- 5
insert-- 6
`(7) If an Act amends a provision of a law by inserting an example, 7
note or penalty, and does not specify the position in the 8
provision where it is to be inserted, the example, note or 9
penalty is to be inserted at the end of the provision.'. 10
Clause 9 Amendment of s 22C (Automatic repeal of amending Act) 11
(1) Section 22C(4)-- 12
insert-- 13
`assent day means the date of assent of-- 14
(a) if the provision provides for the extension of the period 15
before commencement, under section 15DA(2), of an 16
Act--the Act; or 17
(b) if the provision provides for the extension of the period 18
before commencement, under section 15DA(2), of a 19
provision of an Act--the Act that enacts the provision.'. 20
(2) Section 22C(4), definition amending Act, paragraph (f)-- 21
renumber as paragraph (g). 22
(3) Section 22C(4), definition amending Act-- 23
insert-- 24
`(f) a provision providing for the extension of the period 25
before commencement, under section 15DA(2), of an 26
Act or a provision of an Act that has not commenced 27
within 1 year of the assent day;'. 28
Clause 10 Amendment of s 24B (Acting appointments) 29
Section 24B(8)(b), after `to the appointee'-- 30
s 11 13 s 12
Justice and Other Legislation Amendment Bill 2005
insert-- 1
`, and to other persons in relationship to the appointee,'. 2
Clause 11 Amendment of s 24C (Acting person nominated by Act 3
etc.) 4
Section 24C(2)(b), after `to the nominated person'-- 5
insert-- 6
`, and to other persons in relationship to the nominated 7
person,'. 8
Clause 12 Amendment of s 27A (Delegation of powers) 9
(1) Section 27A, heading, `powers'-- 10
omit, insert-- 11
`functions or powers'. 12
(2) Section 27A(1A)-- 13
relocate and renumber as section 27A(15A). 14
(3) Section 27A(1) and (4) and (6) to (12), `power'-- 15
omit, insert-- 16
`function or power'. 17
(4) Section 27A(3C), after `to the delegate'-- 18
insert-- 19
`, and to other persons in relationship to the delegate, in the 20
performance of the delegated function or'. 21
(5) Section 27A-- 22
insert-- 23
`(3D) Anything done by or in relation to the delegate in relation to 24
the delegation is taken to have been done by or in relation to 25
the delegator.'. 26
(6) Section 27A(5), from `may,'-- 27
omit, insert-- 28
s 13 14 s 15
Justice and Other Legislation Amendment Bill 2005
`may, in the performance of a delegated function or in the 1
exercise of a delegated power, do anything that is incidental to 2
the delegated function or power.'. 3
(7) Section 27A(6), (7), (8), (9)(b), (10) and (10A), before 4
`exercised'-- 5
insert-- 6
`performed or'. 7
Clause 13 Amendment of s 35C (Headings part of provision etc.) 8
(1) Section 35C(2), `the Act'-- 9
omit, insert-- 10
`an Act'. 11
(2) Section 35C(3) to (6)-- 12
renumber as section 35C(4) to (7). 13
(2) Section 35C-- 14
insert-- 15
`(3) A note to a provision of an Act at the end of the provision is 16
part of the provision unless the note relates to a different 17
provision.'. 18
Clause 14 Insertion of new s 35CA 19
After section 35C-- 20
insert-- 21
`35CA References to items at the end of a provision 22
`In an Act, a penalty, example or note (end item) is taken to be 23
at the end of a provision even if there is another end item also 24
at the end of the provision.'. 25
Clause 15 Amendment of s 36 (Meaning of commonly used words 26
and expressions) 27
Section 36-- 28
insert-- 29
s 16 15 s 18
Justice and Other Legislation Amendment Bill 2005
`Administrative Arrangements means the administrative 1
arrangements made by the Governor in Council by order 2
under the Constitution of Queensland 2001, section 44.'. 3
Part 3 Amendment of 4
Anti-Discrimination Act 1991 5
Clause 16 Act amended in this part 6
This part amends the Anti-Discrimination Act 1991. 7
Clause 17 Amendment of s 15A (Discrimination by principals) 8
Section 15A(1), after `work'-- 9
insert-- 10
`, or is to do work,'. 11
Clause 18 Amendment of s 113 (Tribunal) 12
(1) Section 113(3) and (4)-- 13
renumber as section 113(6) and (7). 14
(2) Section 113(2)-- 15
omit, insert-- 16
`(2) Before deciding an application, the tribunal must give the 17
commissioner written notice of the application and have 18
regard to any submission made by the commissioner on the 19
application, including a submission on the process for 20
considering the application. 21
`(3) Matters the commissioner may make a submission on in 22
relation to the process for considering an application include, 23
but are not limited to, the following-- 24
(a) whether the application should be considered by way of 25
public hearing; 26
s 19 16 s 20
Justice and Other Legislation Amendment Bill 2005
(b) identification of persons who may be affected by a 1
decision to grant the application; 2
(c) whether the public should be consulted; 3
(d) how consultation with identified persons or the public 4
should be conducted. 5
`(4) The commissioner must give a copy of a written submission 6
the commissioner makes on an application to the applicant. 7
`(5) The tribunal may request that the commissioner-- 8
(a) inquire into an application; and 9
(b) report to the tribunal the results of the inquiry and a 10
recommendation about the application.'. 11
Clause 19 Amendment of s 143 (Respondent is to be notified of 12
accepted complaint) 13
(1) Section 143(2)(d)(ii) and (e), after `complainant'-- 14
insert-- 15
`and any other respondent'. 16
(2) Section 143-- 17
insert-- 18
`(2A) The respondent must advise the commissioner in writing of 19
the respondent's address for service. 20
`(2B) If the respondent is giving a written response, the respondent 21
must also-- 22
(a) give the written response to the commissioner and give a 23
copy of the written response to the complainant and any 24
other respondent; and 25
(b) advise the commissioner whether the written response, 26
or a copy of the written response, has been given to the 27
complainant and any other respondent.'. 28
Clause 20 Amendment of s 165 (Complaints which are not resolved 29
by conciliation) 30
Section 165-- 31
s 21 17 s 23
Justice and Other Legislation Amendment Bill 2005
insert-- 1
`(3) If the commissioner gives notice under subsection (1), 2
sections 164A and 167 stop applying in relation to the 3
complaint.'. 4
Clause 21 Amendment of s 166 (Complainant may obtain referral of 5
unconciliated complaint) 6
(1) Section 166(2)(a), after `commissioner'-- 7
insert-- 8
`, in writing,'. 9
(2) Section 166-- 10
insert-- 11
`(3) If the complainant asks for the extension, the day the 12
complainant asks for the extension, the day the complainant is 13
given written notice of the commissioner's decision about the 14
extension and any period between those days, is not included 15
in the period mentioned in subsection (1) within which the 16
complaint may be referred to the tribunal. 17
`(4) However, if the complainant asks for the extension on the last 18
day of the period mentioned in subsection (1) and the 19
extension is subsequently refused, the complainant may 20
require the commissioner to refer the complaint to the tribunal 21
by making a written request on the day the complainant 22
receives written notice of the refusal or on the next day that is 23
a business day.'. 24
Clause 22 Amendment of s 176 (Constitution of tribunal) 25
Section 176, after `member'-- 26
insert-- 27
`of the tribunal'. 28
Clause 23 Amendment of s 213C (Acceptance of offer to settle) 29
Section 213C(4)(a), after `by a member'-- 30
s 24 18 s 27
Justice and Other Legislation Amendment Bill 2005
insert-- 1
`of the tribunal'. 2
Clause 24 Amendment of s 214 (Authentication of documents) 3
Section 214, after `member'-- 4
insert-- 5
`of the tribunal'. 6
Clause 25 Amendment of s 215 (Judicial notice of certain 7
signatures) 8
Section 215, after `member'-- 9
insert-- 10
`of the tribunal'. 11
Clause 26 Insertion of new s 246A 12
Chapter 9, part 2, before section 247-- 13
insert-- 14
`246A Definition for pt 2 15
`In this part-- 16
member means a member of the tribunal.'. 17
Clause 27 Amendment of schedule (Dictionary) 18
(1) Schedule, definitions complainant and member-- 19
omit. 20
(2) Schedule-- 21
insert-- 22
`complainant means-- 23
(a) in relation to a representative complaint--a person 24
named in the complaint or otherwise identified in the 25
complaint as a person on whose behalf the complaint is 26
being made; or 27
s 28 19 s 31
Justice and Other Legislation Amendment Bill 2005
(b) in relation to a complaint by a relevant entity under 1
section 134--the relevant entity; or 2
(c) otherwise--the person who is the subject of the alleged 3
contravention of the Act. 4
member, for chapter 9, part 2, see section 246A.'. 5
Part 4 Appeals Cost Fund Act 1973 6
Clause 28 Act amended in this part 7
This part amends the Appeals Cost Fund Act 1973. 8
Clause 29 Amendment of s 16 (Effect of indemnity certificate under 9
s 15) 10
Section 16(3)-- 11
omit, insert-- 12
`(3) Despite subsections (1) and (2), the amount payable from the 13
fund to any 1 respondent under any 1 indemnity certificate 14
must not be more than the amount prescribed under a 15
regulation.'. 16
Part 5 Amendment of Bail Act 1980 17
Clause 30 Act amended in this part 18
This part amends the Bail Act 1980. 19
Clause 31 Amendment of s 6 (Definitions) 20
Section 6, definition community justice group, paragraph (a), 21
`Community Services (Aborigines) Act 1984,' and footnote-- 22
omit, insert-- 23
s 32 20 s 33
Justice and Other Legislation Amendment Bill 2005
`Aboriginal Communities (Justice and Land Matters) Act 1
1984,'. 2
Clause 32 Amendment of s 11 (Conditions of release on bail) 3
Section 11-- 4
insert-- 5
`(4) Without limiting a court's power to impose a condition on bail 6
under another provision of this section, a Magistrates Court 7
may impose on the bail a condition that the defendant 8
participate in a program prescribed under a regulation, after 9
having regard to-- 10
(a) the nature of the offence; and 11
(b) the circumstances of the defendant, including any 12
benefit the defendant may derive by participating in the 13
program; and 14
(c) the public interest. 15
16
Note--
17
A breach of a condition of an undertaking imposed under subsection (4)
18
is not an offence under section 29. Section 30 sets out procedures for
19
varying the defendant's bail if the condition is broken.'.
Clause 33 Amendment of s 20 (Undertaking as to bail) 20
(1) Section 20(3)(b)(i), `section 11(2) or (3)' and footnote-- 21
omit, insert-- 22
`section 11(2), (3) or (4)1'. 23
(2) Section 20(3A)(b)(i), `section 11(2) or (3)'-- 24
omit, insert-- 25
`section 11(2), (3) or (4)'. 26
1 Section 11 (Conditions of release on bail)
s 34 21 s 37
Justice and Other Legislation Amendment Bill 2005
Clause 34 Amendment of s 28A (Other warrants for apprehension of 1
defendant) 2
Section 28A(3)(c)-- 3
insert-- 4
`Note-- 5
6
A defendant may be granted bail before being brought before the
7
court under paragraph (c) if the defendant shows cause under
8
section 16(3) why the defendant's detention in custody is not
9
justified.'.
Clause 35 Amendment of s 29 (Offence to breach conditions of bail) 10
Section 29(2)-- 11
insert-- 12
`(c) a condition that the defendant participate in a program 13
prescribed under a regulation under section 11(4).2'. 14
Clause 36 Amendment of s 29A (Procedure in respect of defendants 15
apprehended under s 21(7) or the Police Powers and 16
Responsibilities Act 2000) 17
Section 29A-- 18
insert-- 19
`(3) This section does not apply if under subsection (1)(b) the only 20
condition the defendant has broken, or is likely to break, is a 21
condition of the defendant's undertaking imposed under 22
section 11(4).'. 23
Clause 37 Amendment of s 30 (Apprehension on variation or 24
revocation of bail) 25
Section 30-- 26
insert-- 27
`(6) If the only ground for making an application under subsection 28
(1) is that the defendant has broken, or is likely to break, a 29
condition of the defendant's undertaking imposed under 30
2 Section 11 (Conditions of release on bail)
s 38 22 s 40
Justice and Other Legislation Amendment Bill 2005
section 11(4), the court may vary the defendant's bail, 1
including by rescinding the condition imposed under section 2
11(4), but may not revoke the bail.'. 3
Part 6 Amendment of Births, Deaths 4
and Marriages Registration Act 5
2003 6
Clause 38 Act amended in this part 7
This part amends the Births, Deaths and Marriages 8
Registration Act 2003. 9
Clause 39 Amendment of s 19 (Registration of change of name) 10
Section 19(3)-- 11
omit, insert-- 12
`(3) If the registrar registers a change of name of a person whose 13
birth or adoption was registered in Queensland and the 14
changed name is not the same as the person's latest name in 15
the register, the registrar must also-- 16
(a) if the person requests the change be noted in the register 17
of births or adopted children register--note the changed 18
name in the register of births or adopted children 19
register; or 20
(b) otherwise--note in the register of births or adopted 21
children register that a change of name has been entered 22
in the change of name register.'. 23
Clause 40 Amendment of s 27 (Deaths that may be registered in 24
Queensland) 25
(1) Section 27-- 26
insert-- 27
s 41 23 s 44
Justice and Other Legislation Amendment Bill 2005
`(2A) The death of a person may be registered under this Act if a 1
Queensland court or a coroner finds, or has found-- 2
(a) that the death happened but is, or was, unable to find 3
where the person died; and 4
(b) the name of the person; and 5
(c) the date or approximate date of the person's death.'. 6
(2) Section 27(6)-- 7
insert-- 8
`coroner means a coroner under the Coroners Act 1958 or the 9
Coroners Act 2003.'. 10
Clause 41 Amendment of s 48A (Registrar to give notice of 11
registration of child death to commissioner) 12
Section 48A(3)(b)-- 13
insert-- 14
`(v) the cause of death.'. 15
Part 7 Amendment of Civil Liability 16
Act 2003 17
Clause 42 Act amended in this part 18
This part amends the Civil Liability Act 2003. 19
Clause 43 Amendment of ch 5 hdg (Transitional provisions) 20
Chapter 5, heading, after `Transitional'-- 21
insert-- 22
`and other'. 23
Clause 44 Insertion of new ch 5, pt 4 24
Chapter 5-- 25
s 45 24 s 46
Justice and Other Legislation Amendment Bill 2005
insert-- 1
`Part 4 Declaration about 2
commencement of chapter 2, 3
part 2 4
`82 Commencement of ch 2, pt 2 5
`It is declared that chapter 2, part 2 commenced and has
3
6
effect, and has always had effect, on and from 1 March 2005.'. 7
Part 8 Amendment of Coroners Act 8
2003 9
Clause 45 Act amended in this part 10
This part amends the Coroners Act 2003. 11
Clause 46 Amendment of s 11 (Deaths to be investigated) 12
Section 11(7)-- 13
omit, insert-- 14
`(7) Despite subsection (2), a death in custody must be 15
investigated by-- 16
(a) the State Coroner; or 17
(b) the Deputy State Coroner; or 18
(c) an appointed coroner or local coroner, approved by the 19
Governor in Council to investigate a particular death in 20
custody or any death in custody, on the recommendation 21
of the Chief Magistrate in consultation with the State 22
Coroner.'. 23
3 Chapter 2 (Civil liability for harm), part 2 (Proportionate liability)
s 47 25 s 48
Justice and Other Legislation Amendment Bill 2005
Clause 47 Amendment of s 19 (Order for autopsy) 1
(1) Section 19(2) to (8)-- 2
renumber as section 19(3) to (9). 3
(2) Section 19(1)-- 4
omit, insert-- 5
`(1) This section does not apply if a coroner-- 6
(a) has stopped investigating a death under section 12(2)(a), 7
(b), (d) or (e);4 or 8
(b) is investigating a suspected death under section 11(6).5 9
`(2) As part of the investigation of a death or to find out whether a 10
body is that of a stillborn child, a coroner-- 11
(a) if burial of the body has not happened--must order a 12
doctor to perform an autopsy; or 13
(b) otherwise--may order a doctor to perform an autopsy.'. 14
(3) Section 19(6), as renumbered, `subsection (4)(b)'-- 15
omit, insert-- 16
`subsection (5)(b)'. 17
(4) Section 19(9)(c), as renumbered-- 18
omit, insert-- 19
`(c) the death has previously been investigated under this 20
Act; or 21
(d) the death was reported to the coroner on or after 1 22
December 2003 but before the commencement of the 23
Justice and Other Legislation Amendment Act 2005, 24
section 47.'. 25
Clause 48 Amendment of s 26 (Control of body) 26
Section 26(1), `The coroner starts having control of a'-- 27
omit, insert-- 28
4 Section 12 (Deaths not to be investigated or further investigated)
5 Section 11 (Deaths to be investigated)
s 49 26 s 51
Justice and Other Legislation Amendment Bill 2005
`Unless a person's death is reported to the coroner after burial, 1
the coroner starts having control of the'. 2
Clause 49 Amendment of s 83 (Appointed coroners) 3
Section 83-- 4
insert-- 5
`(5) An appointed coroner may be appointed to investigate a 6
particular death or for a particular period, or otherwise.'. 7
Part 9 Amendment of Corrective 8
Services Act 2000 9
Clause 50 Act amended in this part 10
This part amends the Corrective Services Act 2000. 11
Clause 51 Amendment of s 95 (Obstructing corrective services 12
officer) 13
(1) Section 95, heading, `Obstructing'-- 14
omit, insert-- 15
`Assaulting or obstructing'. 16
(2) Section 95(1), after `not'-- 17
insert-- 18
`assault or'. 19
(3) Section 95(3)-- 20
insert-- 21
`assault has the meaning given by the Criminal Code, section 22
245.'. 23
s 52 27 s 54
Justice and Other Legislation Amendment Bill 2005
Part 10 Amendment of Criminal Code 1
Clause 52 Code amended in this part 2
This part amends the Criminal Code. 3
Clause 53 Amendment of s 1 (Definitions) 4
Section 1-- 5
insert-- 6
`conduct, for chapter 23, see section 230A. 7
law enforcement agency, for chapter 22, see section 207A. 8
law enforcement officer, for chapter 22, see section 207A. 9
observe, for chapter 22, see section 207A. 10
occupier, for chapter 23, see section 230A. 11
place, for chapter 23, see section 230A. 12
private act, for chapter 22, see section 207A. 13
private place, for chapter 22, see section 207A. 14
public place, for chapter 23, see section 230A. 15
state of undress, for chapter 22, see section 207A. 16
unlawful game, for chapter 23, see section 230A. 17
visually record, for chapter 22, see section 207A.'. 18
Clause 54 Amendment of s 207A (Definitions for this chapter) 19
Section 207A-- 20
insert-- 21
`law enforcement agency means-- 22
(a) the Queensland Police Service; or 23
(b) the Office of the Director of Public Prosecutions; or 24
(c) the Crime and Misconduct Commission; or 25
(d) any other entity of-- 26
s 54 28 s 54
Justice and Other Legislation Amendment Bill 2005
(i) another State; or 1
(ii) the Commonwealth; 2
that performs a similar function to an entity in 3
paragraphs (a) to (c). 4
law enforcement officer means-- 5
(a) a member or officer of a law enforcement agency, 6
including a person appearing for the director under the 7
Director of Public Prosecutions Act 1984, section 10(4); 8
or 9
(b) a person who is authorised, in writing, by the 10
commissioner of the police service, or the chairperson 11
of the Crime and Misconduct Commission, to help a 12
member or officer of a law enforcement agency; or 13
(c) a person who belongs to a class of persons that is 14
authorised, in writing, by the commissioner of the police 15
service, or the chairperson of the Crime and Misconduct 16
Commission, to help a member or officer of a law 17
enforcement agency. 18
observe means observe by any means. 19
private act, for a person, means-- 20
(a) showering or bathing; or 21
(b) using a toilet; or 22
(c) another activity when the person is in a state of undress; 23
or 24
(d) intimate sexual activity that is not ordinarily done in 25
public. 26
private place means a place where a person might reasonably 27
be expected to be engaging in a private act. 28
state of undress, for a person, means-- 29
(a) the person is naked or the person's genital or anal region 30
is bare or, if the person is female, the person's breasts 31
are bare; or 32
(b) the person is wearing only underwear; or 33
s 55 29 s 55
Justice and Other Legislation Amendment Bill 2005
(c) the person is wearing only some outer garments so that 1
some of the person's underwear is not covered by an 2
outer garment. 3
visually record, a person, means record, or transmit, by any 4
means, moving or still images of the person or part of the 5
person.'. 6
Clause 55 Insertion of new ss 227A-227C 7
After section 227-- 8
insert-- 9
`227A Observations or recordings in breach of privacy 10
`(1) A person who observes or visually records another person, in 11
circumstances where a reasonable adult would expect to be 12
afforded privacy-- 13
(a) without the other person's consent; and 14
(b) when the other person-- 15
(i) is in a private place; or 16
(ii) is engaging in a private act and the observation or 17
visual recording is made for the purpose of 18
observing or visually recording a private act; 19
commits a misdemeanour. 20
Maximum penalty--2 years imprisonment. 21
22
Examples of circumstances where a reasonable adult would expect to be
23
afforded privacy--
24
1 A person changing in a communal change room at a swimming
25
pool may expect to be observed by another person who is also
26
changing in the room but may not expect to be visually recorded.
27
2 A person who needs help to dress or use a toilet may expect to be
28
observed by the person giving the help but may not expect to be
29
observed by another person.
`(2) A person who observes or visually records another person's 30
genital or anal region, in circumstances where a reasonable 31
adult would expect to be afforded privacy in relation to that 32
region-- 33
(a) without the other person's consent; and 34
s 55 30 s 55
Justice and Other Legislation Amendment Bill 2005
(b) when the observation or visual recording is made for the 1
purpose of observing or visually recording the other 2
person's genital or anal region; 3
commits a misdemeanour. 4
Maximum penalty--2 years imprisonment. 5
6
Example for subsection (2)--
7
using a mobile phone in a public place to take photos of women's
8
underwear under their skirts without their consent
`(3) In subsection (2)-- 9
genital or anal region, of a person, means the person's genital 10
or anal region when the region is covered by underwear or 11
bare. 12
`227B Distributing prohibited visual recordings 13
`(1) A person who distributes a prohibited visual recording of 14
another person having reason to believe it to be a prohibited 15
visual recording, without the other person's consent, commits 16
a misdemeanour. 17
Maximum penalty--2 years imprisonment. 18
`(2) In this section-- 19
distribute includes-- 20
(a) communicate, exhibit, send, supply or transmit to 21
someone, whether to a particular person or not; and 22
(b) make available for access by someone, whether by a 23
particular person or not; and 24
(c) enter into an agreement or arrangement to do something 25
in paragraph (a) or (b); and 26
(d) attempt to distribute. 27
prohibited visual recording, of another person, means-- 28
(a) a visual recording of the person in a private place or 29
engaging in a private act made in circumstances where a 30
reasonable adult would expect to be afforded privacy; or 31
(b) a visual recording of the person's genital or anal region, 32
when it is covered by underwear or bare, made in 33
s 55 31 s 55
Justice and Other Legislation Amendment Bill 2005
circumstances where a reasonable adult would expect to 1
be afforded privacy in relation to that region. 2
`227C Persons who are not criminally responsible for 3
offences against ss 227A and 227B 4
`(1) A person is not criminally responsible for an offence against 5
section 227A(1) or (2) or 227B(1) if-- 6
(a) the person is, at the time of the offence, a law 7
enforcement officer acting in the course of the person's 8
duties; and 9
(b) the person's conduct is reasonable in the circumstances 10
for the performance of the duties. 11
`(2) A person is not criminally responsible for an offence against 12
section 227A(1) or (2) or 227B(1) in relation to an 13
observation or visual recording of another person who is in 14
lawful custody or subject to a supervision order if-- 15
(a) the person is, at the time of the offence, acting in the 16
course of the person's duties in relation to the other 17
person's lawful custody or supervision order; and 18
(b) the person's conduct is reasonable in the circumstances 19
for the performance of the duties. 20
21
Examples of conduct that may be reasonable for the performance of
22
duties--
23
· the observation of a person for the safety of the person or
24
another person
25
· the observation of a person providing a urine sample for a
26
drug test
`(3) In this section-- 27
lawful custody includes detention under the Mental Health 28
Act 2000, in an authorised mental health service or a high 29
security unit. 30
supervision order, for a person, means an order under an Act 31
or a law of the Commonwealth or another State or made by an 32
Australian court that subjects the person to supervision 33
including, for example, the following orders-- 34
s 56 32 s 57
Justice and Other Legislation Amendment Bill 2005
(a) a community based order under the Penalties and 1
Sentences Act 1992; 2
(b) a community based order or supervised release order 3
under the Juvenile Justice Act 1992; 4
(c) a post-prison community based release order or a 5
conditional release order under the Corrective Services 6
Act 2000; 7
(d) an intensive drug rehabilitation order under the Drug 8
Rehabilitation (Court Diversion) Act 2000; 9
(e) a supervision order or an interim supervision order 10
under the Dangerous Prisoners (Sexual Offenders) Act 11
2003.'. 12
Clause 56 Amendment of s 228H (Possession etc. of child 13
exploitation material by law enforcement officer) 14
Section 228H(3), definitions law enforcement agency and law 15
enforcement officer-- 16
omit. 17
Clause 57 Insertion of new s 230A 18
Chapter 23, before section 230-- 19
insert-- 20
`230A Definitions for ch 23 21
`In this chapter-- 22
conduct means conduct, promote, organise, control or 23
operate. 24
occupier, of a place, means any of the following-- 25
(a) the owner, lessee or person apparently in charge of the 26
place; 27
(b) the person who has the care, management or supervision 28
of the place or who is conducting a business at the place. 29
place includes land, premises and a vehicle. 30
public place means-- 31
s 58 33 s 58
Justice and Other Legislation Amendment Bill 2005
(a) a place, or part of a place, that the public is entitled to 1
use, is open to members of the public or is used by the 2
public, whether or not on payment of money; or 3
(b) a place, or part of a place, the occupier of which allows, 4
whether or not on payment of money, members of the 5
public to enter. 6
unlawful game means a game of chance, or mixed chance and 7
skill, that-- 8
(a) is not authorised under an Act; and 9
(b) is played by 1 or more persons (players) who gamble or 10
bet on an outcome of the game for the purpose of 11
winning money or another consideration; and 12
(c) has at least 1 of the following characteristics-- 13
(i) the game is conducted or played in a public place; 14
(ii) the game is played in a place, or part of a place, the 15
occupier of which allows, on payment of money or 16
for other consideration, players to enter and use for 17
playing the game; 18
(iii) a percentage of the amount gambled or bet is-- 19
(A) kept by 1 or more of the players, or another 20
person; and 21
(B) not included in the winnings of the players.'. 22
Clause 58 Replacement of ss 232-235 23
Sections 232 to 235-- 24
omit, insert-- 25
`232 Operating a place for unlawful games 26
`(1) A person who operates a place-- 27
(a) for the purpose of conducting an unlawful game, by the 28
person or another person; or 29
(b) for the purpose of playing an unlawful game; 30
commits a misdemeanour. 31
s 59 34 s 59
Justice and Other Legislation Amendment Bill 2005
Maximum penalty--600 penalty units or 3 years 1
imprisonment. 2
`(2) In this section-- 3
operates includes owns, leases, manages, controls and 4
maintains. 5
`233 Possession of thing used to play an unlawful game 6
`(1) A person who possesses gaming equipment that has been 7
used, or is intended to be used, for playing an unlawful game 8
commits an offence. 9
Maximum penalty--200 penalty units. 10
`(2) In this section-- 11
gaming equipment means a machine or other device (whether 12
electronic, electrical or mechanical), computer software, or 13
another thing, used or suitable for use, for playing an unlawful 14
game. 15
16
Example of another thing, used or suitable for use, for playing an unlawful
17
game--
18
implements for playing two-up
`234 Conducting or playing unlawful games 19
`(1) A person who conducts an unlawful game commits an 20
offence. 21
Maximum penalty--200 penalty units. 22
`(2) A person who plays an unlawful game commits an offence. 23
Maximum penalty--40 penalty units.'. 24
Clause 59 Amendment of s 340 (Serious assaults) 25
Section 340-- 26
insert-- 27
`(2) A prisoner who assaults a working corrective services officer 28
is guilty of a crime, and is liable to imprisonment for 7 years. 29
`(3) In this section-- 30
s 60 35 s 63
Justice and Other Legislation Amendment Bill 2005
corrective services facility see the Corrective Services Act 1
2000, schedule 3. 2
corrective services officer see the Corrective Services Act 3
2000, schedule 3. 4
prisoner see the Corrective Services Act 2000, schedule 3. 5
working corrective services officer means a corrective 6
services officer present at a corrective services facility in his 7
or her capacity as a corrective services officer.'. 8
Clause 60 Omission of s 637 (Evidence of gaming) 9
Section 637-- 10
omit. 11
Part 11 Amendment of Dangerous 12
Prisoners (Sexual Offenders) 13
Act 2003 14
Clause 61 Act amended in this part 15
This part amends the Dangerous Prisoners (Sexual Offenders) 16
Act 2003. 17
Clause 62 Amendment of s 5 (Attorney-General may apply for 18
orders) 19
Section 5(4), `14 business days'-- 20
omit, insert-- 21
`28 business days'. 22
Clause 63 Amendment of s 8 (Preliminary hearing) 23
Section 8(2) to (4)-- 24
omit, insert-- 25
s 64 36 s 64
Justice and Other Legislation Amendment Bill 2005
`(2) If the court is satisfied as required under subsection (1), it may 1
make-- 2
(a) an order that the prisoner undergo examinations by 2 3
psychiatrists named by the court who are to prepare 4
independent reports; and 5
(b) if the court is satisfied the application may not be finally 6
decided until after the prisoner's release day-- 7
(i) an order that the prisoner's release from custody be 8
supervised; or 9
(ii) an order that the prisoner be detained in custody 10
for the period stated in the order. 11
12
Note--
13
If the court makes an order under subsection (2)(b)(i), the order must
14
contain the requirements for the prisoner stated in section 16(1).'.
Clause 64 Insertion of new s 9A 15
After section 9-- 16
insert-- 17
`9A Court may adjourn hearing for division 3 order 18
`(1) The court may, on application or on its own initiative, adjourn 19
the hearing of an application for a division 3 order. 20
`(2) If the court adjourns the hearing of the application and is 21
satisfied the application may not be finally decided until after 22
the prisoner's release day, the court may make an order-- 23
(a) that the prisoner's release from custody be supervised; 24
or 25
(b) that the prisoner be detained in custody for the period 26
stated in the order. 27
28
Note--
29
If the court makes an order under subsection (2)(a), the order must
30
contain the requirements for the prisoner stated in section 16(1).'.
s 65 37 s 68
Justice and Other Legislation Amendment Bill 2005
Clause 65 Amendment of s 10 (Discontinuing application for 1
division 3 order) 2
Section 10(3), after `interim detention order'-- 3
insert-- 4
`or has been released from custody under an interim 5
supervision order'. 6
Clause 66 Replacement of pt 2, div 3 hdg 7
Part 2, division 3, heading-- 8
omit, insert-- 9
`Division 3 Final orders'. 10
Clause 67 Insertion of new pt 2, div 3A hdg 11
After section 13-- 12
insert-- 13
`Division 3A Effect of particular orders'. 14
Clause 68 Amendment of s 14 (Effect of continuing detention order) 15
(1) Section 14, heading, after `detention order'-- 16
insert-- 17
`or interim detention order'. 18
(2) Section 14(1)(b), `by the court's order'-- 19
omit. 20
(3) Section 14(2)-- 21
omit, insert-- 22
`(2) An interim detention order has effect in accordance with its 23
terms-- 24
(a) on the order being made or at the end of the prisoner's 25
period of imprisonment, whichever is the later; and 26
(b) for the period stated in the order, unless earlier 27
rescinded.'. 28
s 69 38 s 72
Justice and Other Legislation Amendment Bill 2005
Clause 69 Amendment of s 15 (Effect of supervision order) 1
Section 15, after `supervision order'-- 2
insert-- 3
`or interim supervision order'. 4
Clause 70 Insertion of new pt 2, div 3B hdg 5
After section 15-- 6
insert-- 7
`Division 3B Supervised release to be subject to 8
particular requirements'. 9
Clause 71 Amendment of s 16 (Conditions for supervised release) 10
(1) Section 16(1), from `If the court' to `the prisoner--'-- 11
omit, insert-- 12
`If a judicial authority orders that a prisoner's release from 13
custody be supervised under a supervision order or interim 14
supervision order, the order must contain requirements that 15
the prisoner--'. 16
(2) Section 16(1)(b), `the court'-- 17
omit, insert-- 18
`the judicial authority'. 19
(3) Section 16(2), from `supervision order' to `thinks'-- 20
omit, insert-- 21
`order may contain any other order the judicial authority 22
considers'. 23
Clause 72 Insertion of new pt 2, div 3C hdg 24
After section 16-- 25
insert-- 26
`Division 3C Reasons for orders'. 27
s 73 39 s 77
Justice and Other Legislation Amendment Bill 2005
Clause 73 Amendment of s 17 (Court to give reasons) 1
Section 17(1)-- 2
omit, insert-- 3
`(1) If a judicial authority makes any of the following orders, it 4
must give detailed reasons for making the order-- 5
(a) a continuing detention order; 6
(b) an interim detention order; 7
(c) a supervision order; 8
(d) an interim supervision order.'. 9
Clause 74 Amendment of pt 2, div 4 hdg 10
Part 2, division 4, heading, after `orders'-- 11
insert-- 12
`or interim supervision orders'. 13
Clause 75 Amendment of s 18 (Application for amendment) 14
Section 18(1)(a), after `supervision order'-- 15
insert-- 16
`or interim supervision order'. 17
Clause 76 Amendment of s 19 (Amendment of conditions of 18
supervision order) 19
Section 19, after `supervision order'-- 20
insert-- 21
`or interim supervision order'. 22
Clause 77 Amendment of pt 2, div 5 hdg 23
Part 2, division 5, heading, after `supervision order'-- 24
insert-- 25
`or interim supervision order'. 26
s 78 40 s 80
Justice and Other Legislation Amendment Bill 2005
Clause 78 Amendment of s 20 (Summons or warrant for released 1
prisoner suspected of contravening a supervision order) 2
(1) Section 20, heading, after `supervision order'-- 3
insert-- 4
`or interim supervision order'. 5
(2) Section 20(1), after `supervision order'-- 6
insert-- 7
`or interim supervision order'. 8
Clause 79 Amendment of s 21 (Contravention of supervision order) 9
Section 21, heading, after `supervision order'-- 10
insert-- 11
`or interim supervision order'. 12
Clause 80 Amendment of s 22 (Court may make further order) 13
(1) Section 22, from `order, the court may--'-- 14
omit, insert-- 15
`order or interim supervision order, the court may-- 16
(a) amend the conditions of the supervision order or interim 17
supervision order; or 18
(b) if the order is a supervision order and the court is 19
satisfied as required under section 13(1), rescind the 20
order and make a continuing detention order; or 21
(c) if the order is an interim supervision order, rescind the 22
order and make an order that the released prisoner be 23
detained in custody for the period stated in the order; or 24
(d) make any other order the court considers appropriate-- 25
(i) to achieve compliance with the supervision order 26
or interim supervision order; or 27
(ii) to ensure adequate protection of the community.'. 28
(2) Section 22-- 29
insert-- 30
s 81 41 s 83
Justice and Other Legislation Amendment Bill 2005
`(2) Subject to subsection (3), for the purpose of subsection (1)(b), 1
section 13 applies as if the application under this section were 2
an application for a division 3 order under that section. 3
`(3) For the purpose of deciding whether to make a continuing 4
detention order under subsection (1)(b), the court may-- 5
(a) act on any evidence before it; or 6
(b) make any order necessary to enable evidence of a kind 7
needed to support an application for a division 3 order to 8
be brought before it, including an order in the nature of a 9
risk assessment order.'. 10
Clause 81 Amendment of s 23 (Application of division) 11
Section 23, after `supervision order'-- 12
insert-- 13
`or interim supervision order'. 14
Clause 82 Amendment of s 24 (Period in custody not counted) 15
Section 24(1), after `supervision order'-- 16
insert-- 17
`or interim supervision order'. 18
Clause 83 Amendment of s 41 (Stay of operation of decision) 19
Section 41(2) and (3)-- 20
omit, insert-- 21
`(2) However, if the judicial authority hearing an appeal is satisfied 22
the appeal may not be finally decided until after the prisoner's 23
release day, the judicial authority may make an order-- 24
(a) that the prisoner's release from custody be supervised; 25
or 26
(b) that the prisoner be detained in custody for the period 27
stated in the order. 28
s 84 42 s 86
Justice and Other Legislation Amendment Bill 2005
1
Note--
2
If a judicial authority makes an order under subsection (2)(a), the order
3
must contain the requirements for the prisoner stated in section 16(1).'.
Clause 84 Amendment of s 42 (Court's power to order re-arrest on 4
appeal by Attorney-General) 5
Section 42(1), `section 41(2)'-- 6
omit, insert-- 7
`section 41(2)(b)'. 8
Clause 85 Amendment of s 43 (Court of Appeal's powers on appeal) 9
(1) Section 43(2)-- 10
insert-- 11
`(d) may order that the matter be remitted to the court for 12
rehearing.'. 13
(2) Section 43-- 14
insert-- 15
`(3) Subsection (2)(a) does not limit the powers that the Court of 16
Appeal has in its civil jurisdiction. 17
`(4) If the Court of Appeal orders that the matter be remitted to the 18
court for rehearing and is satisfied the matter may not be 19
reheard until after the prisoner's release day, the Court of 20
Appeal may make an order-- 21
(a) that the prisoner's release from custody be supervised; 22
or 23
(b) that the prisoner be detained in custody for the period 24
stated in the order. 25
26
Note--
27
If the Court of Appeal makes an order under subsection (4)(a), the order
28
must contain the requirements for the prisoner stated in section 16(1).'.
Clause 86 Insertion of new s 43A 29
Part 5-- 30
s 87 43 s 88
Justice and Other Legislation Amendment Bill 2005
insert-- 1
`43A Persons who remain prisoners for particular 2
purposes 3
`(1) This section provides for the application of this Act to a 4
person. 5
(2) A person who is subject to a continuing detention order or 6
interim detention order remains a prisoner. 7
`(3) A person who is subject to an interim supervision order 8
remains a prisoner for the purposes of any relevant 9
application, appeal or rehearing. 10
`(4) A person who is released from custody, without an interim 11
supervision order having being made, after the court sets a 12
date for the hearing of an application for a division 3 order 13
relating to the person remains a prisoner for the purposes of 14
the application. 15
`(5) A person who is released from custody, without an interim 16
supervision order having being made, after the Court of 17
Appeal makes an order under section 43(2)(d) relating to the 18
person remains a prisoner for the purposes of the rehearing. 19
`(6) A person who is released from custody after the hearing of 20
any application under this Act, without an interim supervision 21
order having being made, remains a prisoner for the purposes 22
of any appeal against the decision and for any subsequent 23
appeal.'. 24
Clause 87 Amendment of s 44 (Hearings on the papers) 25
Section 44-- 26
insert-- 27
`(3) Subsection (1) is subject to section 49.'. 28
Clause 88 Amendment of s 49 (Appearance at hearings) 29
(1) Section 49, `at a hearing under section 13'-- 30
omit, insert-- 31
`at a preliminary hearing under section 8 or at a hearing under 32
section 13, 18'. 33
s 89 44 s 90
Justice and Other Legislation Amendment Bill 2005
(2) Section 49-- 1
insert-- 2
`(2) Subsection (1) does not limit the court's power under section 3
44 to deal with an application under section 8 or 18 if the 4
prisoner does not appear at the hearing of the application.'. 5
Clause 89 Amendment of s 51 (Post-prison community based 6
release) 7
Section 51, from `order,' to `section 41(2)'-- 8
omit, insert-- 9
`order or interim detention order'. 10
Clause 90 Insertion of new pt 6 11
After part 5-- 12
insert-- 13
`Part 6 Transitional provisions for 14
Justice and Other Legislation 15
Amendment Act 2005 16
`54 Amendment does not affect existing orders 17
`(1) The amendment of this Act by the Justice and Other 18
Legislation Amendment Act 2005, part 11 does not affect any 19
order made under the Act and in force immediately before the 20
commencement. 21
`(2) An order mentioned in subsection (1) continues to have effect 22
according to its terms after the commencement. 23
`(3) In this section-- 24
commencement means the commencement of this section. 25
`55 Transitional statements for particular provisions 26
`(1) A court may make an order under section 8(2)(b)(i) even if the 27
application to which the order relates was made before the 28
s 91 45 s 91
Justice and Other Legislation Amendment Bill 2005
commencement if the application has not been decided on the 1
commencement. 2
`(2) A court may make an order under section 9A(2) even if the 3
application to which the order relates was made before the 4
commencement if the application has not been decided on the 5
commencement. 6
`(3) A judicial authority may make an order under section 41(2) 7
even if the appeal to which the order relates was started before 8
the commencement. 9
`(4) The Court of Appeal may make an order under section 10
43(2)(d) or (4) even if the appeal to which the order relates 11
was started before the commencement. 12
`(5) Section 44(1) as in force immediately after the 13
commencement applies even if the application to which the 14
decision relates was started before the commencement. 15
`(6) In this section-- 16
commencement means the commencement of this section. 17
`56 Amendments not to affect status of persons who 18
were prisoners for particular purposes 19
`(1) Without limiting section 43A, if, immediately before the 20
commencement of this section, a person was or remained a 21
prisoner for a purpose under the pre-amended Act, the person 22
is or remains a prisoner for the purpose under the amended 23
Act. 24
`(2) In this section-- 25
amended Act means this Act as amended by the Justice and 26
Other Legislation Amendment Act 2005, part 11. 27
pre-amended Act means this Act as in force immediately 28
before the commencement of this section.'. 29
Clause 91 Amendment of schedule (Dictionary) 30
(1) Schedule, definitions interim detention order and risk 31
assessment order-- 32
omit. 33
s 92 46 s 92
Justice and Other Legislation Amendment Bill 2005
(2) Schedule-- 1
insert-- 2
`interim detention order means an order detaining a person in 3
custody made under section 8(2)(b)(ii), 9A(2)(b), 22(1)(c), 4
41(2)(b) or 43(4)(b). 5
interim supervision order means an order made under section 6
8(2)(b)(i), 9A(2)(a), 41(2)(a) or 43(4)(a). 7
judicial authority means-- 8
(a) the court; or 9
(b) if the court's decision on a matter is appealed--a court 10
with jurisdiction to hear the appeal or any further 11
appeal. 12
release day, in relation to a prisoner, means the day on which 13
the prisoner is due to be unconditionally released from lawful 14
custody under the Corrective Services Act 2000. 15
risk assessment order means an order made under section 16
8(2)(a).'. 17
(3) Schedule, definition prisoner-- 18
insert-- 19
20
`Note--
21
Also see section 43A.'.
(4) Schedule, definition supervised release, after `supervision 22
order'-- 23
insert-- 24
`or interim supervision order'. 25
Part 12 Amendment of Evidence Act 26
1977 27
Clause 92 Act amended in this part 28
This part amends the Evidence Act 1977. 29
s 93 47 s 94
Justice and Other Legislation Amendment Bill 2005
Clause 93 Amendment of s 93A (Statement made before proceeding 1
by child or intellectually impaired person) 2
(1) Section 93A(1)(b), `the child or intellectually impaired 3
person'-- 4
omit, insert-- 5
`the maker of the statement'. 6
(2) Section 93A(2)-- 7
omit, insert-- 8
`(2) If a statement mentioned in subsection (1) (the main 9
statement) is admissible, a related statement is also 10
admissible as evidence if the maker of the related statement is 11
available to give evidence in the proceeding. 12
`(2A) A related statement is a statement-- 13
(a) made by someone to the maker of the main statement, in 14
response to which the main statement was made; and 15
(b) contained in the document containing the main 16
statement. 17
`(2B) Subsection (2) is subject to this part.'. 18
(3) Section 93A(5), definition child-- 19
omit, insert-- 20
`child, in relation to a person who made a statement under 21
subsection (1), means-- 22
(a) a person who was under 16 years when the statement 23
was made, whether or not the person is under 16 years at 24
the time of the proceeding; or 25
(b) a person who was 16 or 17 years when the statement 26
was made and who, at the time of the proceeding, is a 27
special witness.'. 28
Clause 94 Amendment of s 134A (Production of documents by 29
agencies in relation to civil proceedings) 30
Section 134A(6), from `, section 63' to `authorised'-- 31
omit, insert-- 32
s 95 48 s 95
Justice and Other Legislation Amendment Bill 2005
`, section 62A(1)6 applies, the document is, for the purposes of 1
section 62B7 of that Act, information that is expressly 2
required'. 3
Clause 95 Insertion of new pt 9, div 4 4
Part 9-- 5
insert-- 6
`Division 4 Justice and Other Legislation 7
Amendment Act 2005 8
`144 Statement made before proceeding by child or 9
intellectually impaired person 10
`(1) To remove any doubt, it is declared that amended section 93A8 11
applies to a proceeding that starts after the commencement of 12
this section, regardless of when the conduct giving rise to the 13
proceeding happened. 14
`(2) A statement admitted into evidence in a proceeding before the 15
commencement of this section that would be admissible under 16
the amended section 93A if tendered in a proceeding after the 17
commencement is taken to have always been admissible under 18
section 93A. 19
`(3) In this section-- 20
amended section 93A means section 93A as amended by the 21
Justice and Other Legislation Act 2005. 22
proceeding includes a committal, a preliminary hearing, a 23
trial and any rehearing or retrial arising out of, or any appeal 24
from, an earlier proceeding. 25
`145 Definition chief executive (surveys) 26
`It is declared that the amendment of the definition chief 27
executive (surveys) by the Surveyors Act 2003 is, and has 28
6 Health Services Act 1991, section 62A (Confidentiality)
7 Health Services Act 1991, section 62B (Disclosure required or permitted by law)
8 Section 93A (Statement made before proceeding by child or intellectually impaired
person)
s 96 49 s 99
Justice and Other Legislation Amendment Bill 2005
always been, as effective as it would have been if the 1
definition had been located in schedule 3 rather than section 3 2
when the amendment commenced.'. 3
Part 13 Amendment of Freedom of 4
Information Act 1992 5
Clause 96 Act amended in this part 6
This part amends the Freedom of Information Act 1992. 7
Clause 97 Amendment of s 7 (Definitions) 8
Section 7-- 9
insert-- 10
`holder, of a concession card, at a time the concession card is 11
being relied on for a purpose under this Act, means an 12
individual who is named on the concession card and would be 13
qualified to be named on the concession card if the concession 14
card were issued at the time the concession card is being 15
relied on.'. 16
Clause 98 Amendment of s 11 (Act not to apply to certain bodies 17
etc.) 18
Section 11(4), definition tribunal, paragraph (g), after 19
`Health'-- 20
insert-- 21
`Review'. 22
Clause 99 Amendment of s 35A (Meaning of financial hardship) 23
Section 35A(1)(a)-- 24
omit, insert-- 25
`(a) the holder of a concession card; or'. 26
s 100 50 s 103
Justice and Other Legislation Amendment Bill 2005
Clause 100 Amendment of s 52A (Who is aggrieved by a decision for 1
s 52) 2
Section 52A(1)(f)-- 3
omit, insert-- 4
`(f) a processing charge or access charge is payable under a 5
final assessment notice and the applicant considers the 6
charge is wrongly assessed; or 7
8
Note--
9
For challenges to a processing charge or access charge payable
10
under a preliminary assessment notice, see schedule 4 (Process
11
for assessment of charges), part 2 (Objection process).'.
Clause 101 Omission of s 108B (Combining strategic reviews) 12
Section 108B-- 13
omit. 14
Clause 102 Replacement of pt 7 hdg (Transitional provision for 15
Ombudsman Act 2001) 16
Part 7, heading-- 17
omit, insert-- 18
`Part 7 Transitional provisions 19
`Division 1 Provision for Ombudsman Act 20
2001'. 21
Clause 103 Replacement of pt 8 hdg (Transitional provision for 22
Terrorism (Community Safety) Amendment Act 2004) 23
Part 8, heading-- 24
omit, insert-- 25
`Division 2 Provision for Terrorism (Community 26
Safety) Amendment Act 2004'. 27
s 104 51 s 107
Justice and Other Legislation Amendment Bill 2005
Clause 104 Replacement of pt 9 hdg (Transitional provision for 1
Transport Infrastructure Amendment Act 2004) 2
Part 9, heading-- 3
omit, insert-- 4
`Division 3 Provision for Transport 5
Infrastructure Amendment Act 6
2004'. 7
Clause 105 Replacement of pt 10, hdg (Transitional provisions for 8
Freedom of Information and Other Legislation 9
Amendment Act 2005) 10
Part 10, heading-- 11
omit, insert-- 12
`Division 4 Provisions for Freedom of 13
Information and Other Legislation 14
Amendment Act 2005'. 15
Clause 106 Amendment of sch 4, s 8 (Concession card given and 16
accepted) 17
Schedule 4, section 8(2), `, subject to section 10,' and 18
footnote-- 19
omit. 20
Clause 107 Amendment of sch 4, s 10 (Financial hardship claim if 21
agency is a department) 22
(1) Schedule 4, section 10, heading, `if agency is a department'-- 23
omit, insert-- 24
`by non-profit organisation'. 25
(2) Schedule 4, section 10(1) and (2)-- 26
omit, insert-- 27
`(1) This section applies if an agency that is a department is given 28
an objection notice in which the applicant contends charges 29
s 108 52 s 110
Justice and Other Legislation Amendment Bill 2005
should be waived because the applicant is a non-profit 1
organisation in financial hardship. 2
`(2) The agency must give the prescribed person a copy of both the 3
application and the objection notice.'. 4
Part 14 Amendment of Justices Act 5
1886 6
Clause 108 Act amended in this part 7
This part amends the Justices Act 1886. 8
Clause 109 Amendment of s 40 (Penalty for insulting or interrupting 9
justices) 10
Section 40(2), from `2' to `days'-- 11
omit, insert-- 12
`84 penalty units or imprisonment for 1 year'. 13
Clause 110 Amendment of s 142A (Permissible procedure in absence 14
of defendant in certain cases) 15
(1) Section 142A(4)(b)-- 16
omit, insert-- 17
`(b) the defendant is required to appear at a time and place 18
fixed for the hearing of the complaint-- 19
(i) by a summons issued on the complaint and served 20
at least 14 days before the date on which the 21
defendant is required by the summons to appear; or 22
(ii) under a condition of the defendant's bail or by a 23
notice given to the defendant under the Bail Act 24
1980; or 25
(iii) by a notice of adjournment given to the defendant a 26
reasonable time before the date previously fixed 27
for the hearing of the complaint; and'. 28
s 111 53 s 112
Justice and Other Legislation Amendment Bill 2005
(2) Section 142A(4), before `according to law'-- 1
insert-- 2
`or as stated by the complainant'. 3
(3) Section 142A(4), `as aforesaid'-- 4
omit, insert-- 5
`or are stated by the complainant'. 6
(4) Section 142A(4), `before it in obedience to the said 7
summons.'-- 8
omit, insert-- 9
`at the time and place fixed for the hearing of the complaint.'. 10
Clause 111 Amendment of s 146A (Proceeding at the hearing on 11
defendant's confession in absentia) 12
(1) Section 146A(1), from `if' to `appear'-- 13
omit, insert-- 14
`if a defendant, under a summons or a condition of the 15
defendant's bail or by a notice given to the defendant under 16
the Bail Act 1980, is required to appear'. 17
(2) Section 146A(1)(b)-- 18
omit. 19
Clause 112 Replacement of ss 178B-178F 20
Sections 178B to 178F-- 21
omit, insert-- 22
`178B Definitions for part 23
`In this part-- 24
associated place, in relation to a person using video link 25
facilities for a proceeding in a Magistrates Court, means-- 26
(a) a correctional institution where the person is in custody; 27
or 28
(b) another place, appointed for the holding of a Magistrates 29
Court, where the person is present. 30
s 112 54 s 112
Justice and Other Legislation Amendment Bill 2005
facility user, in relation to a proceeding, means someone who 1
is a party to the proceeding. 2
primary court, in a proceeding, means the Magistrates Court 3
conducting the proceeding. 4
proceeding for a provision of this part, other than section 5
178C(1), means a proceeding to which section 178C(1) 6
applies. 7
`178C Use of video link facilities in proceedings 8
`(1) This section applies to a proceeding if-- 9
(a) a person is entitled or required to be present before a 10
Magistrates Court for the proceeding; and 11
(b) the proceeding is about an offence with which the 12
person is charged, including a proceeding for the 13
person's bail or remand; and 14
(c) the person is-- 15
(i) in custody at a correctional institution that has 16
video link facilities linking it and the primary 17
court; or 18
(ii) present at another place, appointed for the holding 19
of a Magistrates Court, that has video link facilities 20
linking it and the primary court, and the person is 21
represented by a lawyer. 22
`(2) If the person is in custody in a correctional institution and the 23
proceeding is for the person's bail or remand, the proceeding 24
must be conducted using the video link facilities, unless the 25
primary court, in the interests of justice, otherwise orders. 26
`(3) In a proceeding, other than a proceeding to which subsection 27
(2) applies, the primary court may order the proceeding be 28
conducted using video link facilities only if all parties 29
consent. 30
`(4) The video link facilities may only be used to link the 31
proceeding before the primary court with the person, or the 32
person and the person's representative, at the associated place. 33
s 112 55 s 112
Justice and Other Legislation Amendment Bill 2005
`178D Facility user taken to be before the court 1
`(1) A person present at the part of the associated place used for 2
the conduct of a proceeding, when the proceeding is being 3
conducted, is taken to be in the presence of the primary court 4
for all purposes. 5
`(2) The part of the associated place used for the proceeding is 6
taken to be part of the primary court for the conduct of the 7
proceeding. 8
`(3) Any entitlement of, or requirement for, the facility user under 9
a law or court order to be present before the primary court in 10
the proceeding is taken to be satisfied by the facility user's use 11
of video link facilities for the proceeding. 12
`178E Way video link facilities must be operated 13
`(1) Video link facilities, when used for a proceeding, are to be 14
operated in a way that ensures two-way audio and visual 15
communication between the facility user and the primary 16
court. 17
`(2) If video link facilities fail during a proceeding, the primary 18
court may adjourn the proceeding or make another 19
appropriate order, as if the facility user were still in the 20
presence of the primary court. 21
`178F Facilities for private communication 22
`(1) The primary court and the associated place must make 23
facilities available for private communication between the 24
facility user and the facility user's representative in a 25
proceeding if the facility user's representative is at the place 26
where the primary court is sitting. 27
`(2) A communication between the facility user and the facility 28
user's representative is as confidential and as inadmissible in 29
any proceeding as it would be if it took place between the 30
facility user and the facility user's representative while in 31
each other's presence. 32
`(3) Subsection (2) does not limit any other protection applying to 33
the communication.'. 34
s 113 56 s 114
Justice and Other Legislation Amendment Bill 2005
Part 15 Amendment of Juvenile Justice 1
Act 1992 2
Clause 113 Act amended in this part 3
This part amends the Juvenile Justice Act 1992. 4
Clause 114 Amendment of s 48 (Decisions about bail and related 5
matters) 6
(1) Section 48(3)-- 7
insert-- 8
`(da) if the child is an Aboriginal or Torres Strait Islander 9
person--any submissions made by a representative of 10
the community justice group in the child's community, 11
including, for example, about-- 12
(i) the child's relationship to the child's community; 13
or 14
(ii) any cultural considerations; or 15
(iii) any considerations relating to programs and 16
services established for offenders in which the 17
community justice group participates;'. 18
(2) Section 48-- 19
insert-- 20
`(7A) If required by the court or officer for subsection (3)(da), a 21
representative of the community justice group in the child's 22
community must advise the court or police officer whether-- 23
(a) any member of the community justice group that is 24
responsible for the submission is related to the child or 25
the victim; or 26
(b) there are any circumstances that give rise to a conflict of 27
interest between any member of the community justice 28
group that is responsible for the submission and the 29
child or victim.'. 30
s 115 57 s 116
Justice and Other Legislation Amendment Bill 2005
Clause 115 Amendment of s 150 (Sentencing principles) 1
Section 150(5)-- 2
omit. 3
Clause 116 Amendment of sch 4 (Dictionary) 4
Schedule 4-- 5
insert-- 6
`child's community means the child's Aboriginal or Torres 7
Strait Islander community, whether it is-- 8
(a) an urban community; or 9
(b) a rural community; or 10
(c) a community on DOGIT land under the Aboriginal 11
Land Act 1991 or the Torres Strait Islander Land Act 12
1991. 13
community justice group, for a child, means-- 14
(a) the community justice group established under the 15
Aboriginal Communities (Justice and Land Matters) Act 16
1984, part 5 or the Community Services (Torres Strait) 17
Act 1984, part 5, for the child's community; or 18
(b) a group of persons within the child's community, other 19
than a department of government, that is involved in the 20
provision of any of the following-- 21
(i) information to a court about Aboriginal or Torres 22
Strait Islander offenders; 23
(ii) diversionary, interventionist or rehabilitation 24
activities relating to Aboriginal or Torres Strait 25
Islander offenders; 26
(iii) other activities relating to local justice issues; or 27
(c) a group of persons made up of the elders or other 28
respected persons of the child's community.'. 29
s 117 58 s 120
Justice and Other Legislation Amendment Bill 2005
Part 16 Amendment of Land Court Act 1
2000 2
Clause 117 Act amended in this part 3
This part amends the Land Court Act 2000. 4
Clause 118 Amendment of s 12 (Power to rehear matters) 5
Section 12(2)-- 6
omit, insert-- 7
`(2) The application must be made within 42 days after the order 8
containing the decision is made by the court.'. 9
Clause 119 Insertion of new pt 2, div 3A 10
After section 20-- 11
insert-- 12
`Division 3A Powers and responsibilities of 13
president 14
`20A Arrangement of business 15
`(1) The president is responsible for the administration of the Land 16
Court and for ensuring the orderly and expeditious exercise of 17
the jurisdiction and powers of the Land Court. 18
`(2) The president has power to do things necessary or convenient 19
to be done for the administration of the Land Court and for 20
ensuring the orderly and expeditious exercise of the 21
jurisdiction and powers of the Land Court.'. 22
Clause 120 Amendment of s 34 (Costs) 23
(1) Section 34(5), from `, under' to `in the Supreme Court'-- 24
omit. 25
(2) Section 34(6), `(4)'-- 26
s 121 59 s 123
Justice and Other Legislation Amendment Bill 2005
omit, insert-- 1
`(5)'. 2
Clause 121 Amendment of s 35 (Privileges, protection and immunity) 3
Section 35-- 4
insert-- 5
`(1A) A judicial registrar, exercising judicial or quasi-judicial power 6
the judicial registrar may exercise under the Act, has the same 7
privileges, protection and immunity as the judicial registrar 8
would have if the judicial registrar were a Supreme Court 9
Judge presiding over a proceeding in the Supreme Court.'. 10
Clause 122 Replacement of s 57 (Land Appeal Court may remit 11
matter) 12
Section 57-- 13
omit, insert-- 14
`57 Powers of Land Appeal Court 15
`The Land Appeal Court may do 1 or more of the following-- 16
(a) suspend the operation of the decision and remit the 17
matter, with or without directions, to the court or 18
tribunal that made the decision to act according to law; 19
(b) affirm, amend, or revoke and substitute another order or 20
decision for the order or decision appealed against; 21
(c) make an order the Land Appeal Court considers 22
appropriate.'. 23
Clause 123 Amendment of s 65 (Notice of appeal) 24
Section 65(1), from `within' to `the party,'-- 25
omit, insert-- 26
`within 42 days after the order containing the decision is made 27
by the court,'. 28
s 124 60 s 126
Justice and Other Legislation Amendment Bill 2005
Clause 124 Amendment of s 75 (When leave to appeal must be 1
sought and appeal made) 2
Section 75(1), from `within' to `the party,'-- 3
omit, insert-- 4
`within 42 days after the order containing the decision is made 5
by the Land Appeal Court,'. 6
Part 17 Amendment of Magistrates Act 7
1991 8
Clause 125 Act amended in this part 9
This part amends the Magistrates Act 1991. 10
Clause 126 Amendment of s 23 (Decisions about constituting 11
Magistrates Courts) 12
Section 23(5), from `the magistrate has ceased'-- 13
omit, insert-- 14
`the magistrate -- 15
(a) has ceased to be a magistrate under section 42;9 or 16
(b) has been the subject of a transfer decision under section 17
12(2)(a) requiring the magistrate to constitute a 18
Magistrates Court at another place; or 19
(c) has been the subject of an agreement under section 5(4); 20
or 21
(d) has been the subject of a decision under section 5(5).'. 22
9 Section 42 (Tenure of office)
s 127 61 s 131
Justice and Other Legislation Amendment Bill 2005
Part 18 Amendment of Prisoners 1
(Interstate Transfer) Act 1982 2
Clause 127 Act amended in this part 3
This part amends the Prisoners (Interstate Transfer) Act 1982. 4
Clause 128 Replacement of pt 2 hdg (Transfer for prisoner's welfare) 5
Part 2, heading-- 6
omit, insert-- 7
`Part 2 Transfer at request of prisoner'. 8
Clause 129 Amendment of s 6 (Requests for, and orders of, transfer) 9
Section 6(1)(b), (3)(b) and (5)(b), `in the interests of the 10
welfare of the prisoner'-- 11
omit. 12
Clause 130 Amendment of s 10 (Reports) 13
Section 10(1), `may have regard'-- 14
omit, insert-- 15
`by reference'. 16
Clause 131 Insertion of new s 10A 17
Part 2, after section 10-- 18
insert-- 19
`10A Matters that the Minister may have regard to 20
`When forming an opinion or exercising a discretion under 21
this part, the Minister may have regard to any one or more of 22
the following-- 23
(a) the welfare of the prisoner; 24
(b) the administration of justice in this or any other State; 25
s 132 62 s 133
Justice and Other Legislation Amendment Bill 2005
(c) the security and good order of any prison in this or any 1
other State; 2
(d) the safe custody of the prisoner; 3
(e) the protection of the community in this or any other 4
State; 5
(f) any other matter that the Minister considers relevant.'. 6
Clause 132 Amendment of s 22 (Provisions ancillary to ss 19 and 20) 7
(1) Section 22(1), `it is in the interests of the welfare of the person 8
that'-- 9
omit. 10
(2) Section 22-- 11
insert-- 12
`(1A) When making a decision under subsection (1)(a), the Minister 13
may have regard to any one or more of the following-- 14
(a) the welfare of the prisoner; 15
(b) the administration of justice in this or any other State; 16
(c) the security and good order of any prison in this or any 17
other State; 18
(d) the safe custody of the prisoner; 19
(e) the protection of the community in this or any other 20
State; 21
(f) any other matter that the Minister considers relevant.'. 22
Part 19 Amendment of Professional 23
Standards Act 2004 24
Clause 133 Act amended in this part 25
This part amends the Professional Standards Act 2004. 26
s 134 63 s 134
Justice and Other Legislation Amendment Bill 2005
Clause 134 Insertion of new s 21A 1
After section 21-- 2
insert-- 3
`21A Extension of liability limitation to other persons to 4
whom scheme applies 5
`(1) A limitation applying under this Act to the occupational 6
liability of a person as a member of an occupational 7
association (first scheme member) in relation to a cause of 8
action (principal cause of action) also applies, in relation to 9
the principal cause of action and any related cause of action, 10
to the liability of any other person to whom the scheme 11
concerned applies (second scheme member) as a partner, 12
officer, employee or associate of the first scheme member. 13
`(2) Subsection (1) applies in relation to the liability of the second 14
scheme member whether or not the second scheme member's 15
liability is an occupational liability. 16
`(3) A reference in this section to a person who is a partner, officer, 17
employee or associate of the first scheme member is a 18
reference to a person who was a partner, officer, employee or 19
associate of the first scheme member at the time of the event 20
that gave rise to the principal cause of action. 21
`(4) A reference in this section to a limitation on liability that 22
applies to a person as a member of an occupational 23
association includes a reference to a limitation on liability that 24
would apply to the person if a cause of action relating to the 25
liability were brought against the person. 26
`(5) In this section-- 27
associate, of the first scheme member, includes a person who 28
carries out work for or with the first scheme member whether 29
the work is carried out voluntarily or for financial reward. 30
related cause of action means a cause of action in relation to 31
the civil liability of the second scheme member arising, in 32
tort, contract or otherwise, directly or vicariously from 33
anything done or omitted to be done by the second scheme 34
member that-- 35
(a) caused or contributed to the loss or damage with which 36
the principal cause of action is concerned; and 37
s 135 64 s 136
Justice and Other Legislation Amendment Bill 2005
(b) resulted from the same or substantially the same event 1
as that from which the principal cause of action arose.'. 2
Clause 135 Amendment of s 71 (Regulation-making power) 3
(1) Section 71(2)(b)-- 4
omit, insert-- 5
`(b) prescribe-- 6
(i) fees payable to the council for applications to the 7
council under this Act; and 8
(ii) an annual fee, payable to the council, in relation to 9
a scheme, or for each member of an occupational 10
association a scheme applies to, for each year, or 11
part of a year, the scheme is in force;'. 12
(2) Section 71-- 13
insert-- 14
`(3) A regulation may also provide for the payment of interest to 15
the council on a fee not paid within 30 days after the fee 16
becomes payable.'. 17
Clause 136 Amendment of sch 2 (Dictionary) 18
(1) Schedule 2-- 19
insert-- 20
`fee includes tax.'. 21
(2) Schedule 2, definition occupational association, paragraph 22
(a), after `group'-- 23
insert-- 24
`or related occupational groups'. 25
(3) Schedule 2, definition occupational association, paragraph 26
(b), after `group'-- 27
insert-- 28
`or the related occupational groups'. 29
s 137 65 s 139
Justice and Other Legislation Amendment Bill 2005
(4) Schedule 2, definition officer, paragraph (a), `section 82A 1
of'-- 2
omit. 3
Part 20 Amendment of Recording of 4
Evidence legislation 5
Division 1 Amendment of Recording of 6
Evidence Act 1962 7
Clause 137 Act amended in div 1 8
This division amends the Recording of Evidence Act 1962. 9
Clause 138 Amendment of s 4 (Meaning of terms) 10
(1) Section 4, definition judicial person, `Stipendiary'-- 11
omit. 12
(2) Section 4, definition record under this Act, after `by this 13
Act'-- 14
insert-- 15
`, and includes, if the record on a master-tape is a digital 16
recording, a replication of the record onto a separate data 17
storage medium'. 18
Clause 139 Amendment of s 11 (Person giving evidence need not 19
sign deposition etc.) 20
(1) Section 11(2A), (3), (4), (5) and (6)-- 21
renumber as section 11(3), (4), (6), (8) and (9). 22
(2) Section 11-- 23
insert-- 24
s 140 66 s 140
Justice and Other Legislation Amendment Bill 2005
`(5) Despite subsection (4), the record on a master-tape may be 1
destroyed if the record is a digital recording that has been 2
replicated onto a separate data storage medium.'. 3
(3) Section 11(6), as renumbered, from `(b)'-- 4
omit, insert-- 5
`(b) if-- 6
(i) a transcription of the record has been made under 7
this Act; and 8
(ii) the transcription has been certified as correct by 9
the responsible shorthand reporter or recorder; 10
then, whether or not an order has been made under 11
paragraph (a), by order authorise the destruction of the 12
record on the master-tape.'. 13
(4) Section 11-- 14
insert-- 15
`(7) An order made under subsection (6)(a) in relation to the 16
retention of a record that is a digital recording is taken to be 17
satisfied if the record on the master-tape has been replicated 18
onto a separate data storage medium.'. 19
(5) Section 11(8), as renumbered, from `Subject' to 20
`master-tape'-- 21
omit, insert-- 22
`Subject to subsection (4) and to an order made under 23
subsection (6), a record on a mastertape, other than a record 24
that may be destroyed under subsection (5),'. 25
Clause 140 Insertion of new s 14 26
After section 13-- 27
insert-- 28
`14 Declaratory provision for Justice and Other 29
Legislation Amendment Act 2005 30
`(1) Despite section 11(4), the destruction of the record on a 31
master-tape before the commencement of section 11(5) as 32
inserted by the Justice and Other Legislation Amendment Act 33
s 141 67 s 143
Justice and Other Legislation Amendment Bill 2005
2005, section 139 is authorised if the record was a digital 1
recording that had been replicated onto a separate data storage 2
medium. 3
`(2) The amendment of the Recording of Evidence Regulation 4
1992 by the Justice and Other Legislation Amendment Act 5
2005 does not affect the power of the Governor in Council to 6
further amend the regulation or to repeal it.'. 7
Division 2 Amendment of Recording of 8
Evidence Regulation 1992 9
Clause 141 Regulation amended in div 2 10
This division amends the Recording of Evidence Regulation 11
1992. 12
Clause 142 Amendment of s 5 (Safe custody of tapes and original 13
certified transcriptions) 14
(1) Section 5(2)-- 15
renumber as section 5(3). 16
(2) Section 5-- 17
insert-- 18
`(2) To remove any doubt, it is declared that a recorder is no longer 19
responsible for the safe custody of a master tape once all of 20
the records on the master tape may be destroyed under the 21
Act.'. 22
Part 21 Amendment of Small Claims 23
Tribunals Act 1973 24
Clause 143 Act amended in this part 25
This part amends the Small Claims Tribunals Act 1973. 26
s 144 68 s 146
Justice and Other Legislation Amendment Bill 2005
Clause 144 Amendment of s 5 (Appointment of referees and referees 1
ex officio) 2
Section 5(1), `stipendiary'-- 3
omit. 4
Clause 145 Amendment of s 11 (Constitution of tribunal) 5
Section 11-- 6
insert-- 7
`(2) A registrar may conduct an examination under section 23A. 8
`(3) For the examination, the registrar constitutes, and may 9
exercise all the jurisdiction and powers of, the tribunal. 10
`(4) However, a registrar may not exercise any power of the 11
tribunal to punish for contempt.'. 12
Clause 146 Amendment of s 23A (Examination of person required by 13
order to pay money) 14
(1) Section 23A(1), `before a referee'-- 15
omit. 16
(2) Section 23A(2), after `examination'-- 17
insert-- 18
`before a referee or registrar'. 19
(3) Section 23A(3)(c)(ii), from `referee'-- 20
omit, insert-- 21
`referee or registrar;'. 22
(4) Section 23A(3)(d)-- 23
omit, insert-- 24
`(d) the registrar must give the applicant a transcript of the 25
evidence taken on the examination;'. 26
(5) Section 23A(3)(g)-- 27
omit. 28
(6) Section 23A(3)(h), from `the person may be'-- 29
s 146 69 s 146
Justice and Other Legislation Amendment Bill 2005
omit, insert-- 1
the person must be dealt with under subsection (3A)(a), if the 2
examination is before a referee, or under subsections (3B)(b) 3
and (3D), if the examination is before a registrar.'. 4
(7) Section 23A-- 5
insert-- 6
`(3A) For the purposes of an examination of a person before a 7
referee-- 8
(a) sections 33, other than subsection (2)(a), 38 and 3910 9
apply in relation to the examination as if the 10
examination were the taking of a proceeding by a small 11
claims tribunal in relation to a claim properly referred to 12
it; and 13
(b) if subsection (3)(h) applies-- 14
(i) the referee may summarily convict the person of 15
contempt; and 16
(ii) section 38(2), (3) and (4) apply as if the person had 17
been convicted under section 38(1) and as if the 18
examination were the taking of a proceeding by a 19
small claims tribunal in relation to a claim properly 20
referred to it. 21
`(3B) For the purposes of an examination of a person before a 22
registrar-- 23
(a) sections 33, other than subsection (2)(a), and 39 apply to 24
the examination as if-- 25
(i) the examination were the taking of a proceeding by 26
a small claims tribunal in relation to a claim 27
properly referred to it; and 28
(ii) a reference in the sections to a referee were a 29
reference to the registrar; and 30
(b) if subsection (3)(h) applies, the registrar may adjourn 31
the matter and certify the contempt in writing to the 32
small claims tribunal. 33
10 Sections 33 (Taking of evidence before tribunal), 38 (Contempt in face of tribunal)
and 39 (Law of perjury to apply)
s 147 70 s 149
Justice and Other Legislation Amendment Bill 2005
`(3C) A certificate of contempt by a registrar is evidence of the 1
matters in the certificate. 2
`(3D) A contempt certified by a registrar must be dealt with by a 3
small claims tribunal and, for that purpose, the tribunal may 4
act under section 38 as if the contempt were contempt in the 5
face of a tribunal constituted by a referee.'. 6
Part 22 Amendment of State Penalties 7
Enforcement Act 1999 8
Clause 147 Act amended in this part 9
This part amends the State Penalties Enforcement Act 1999. 10
Clause 148 Amendment of s 104 (Criteria for suspending driver 11
licence) 12
(1) Section 104(2), `or (4)'-- 13
omit, insert-- 14
`, (4) or (5)'. 15
(2) Section 104-- 16
insert-- 17
`(5) The third reason is that the registrar has issued an enforcement 18
order in relation to the offence under section 34(4) and the 19
enforcement debtor has not paid the amount stated in the 20
enforcement order within 28 days after the date of the order or 21
a further time allowed under section 42.11'. 22
Clause 149 Amendment of s 165 (Regulation-making power) 23
Section 165(4), from `For a' to `a regulation'-- 24
11 Section 42 (Application for time to pay)
s 150 71 s 153
Justice and Other Legislation Amendment Bill 2005
omit, insert-- 1
`A regulation'. 2
Clause 150 Amendment of pt 10, hdg (Transitional and validating 3
provisions) 4
Part 10, heading, `and validating'-- 5
omit, insert-- 6
`, validating and declaratory'. 7
Clause 151 Amendment of pt 10, div 2, hdg (Validating provisions) 8
Part 10, division 2, heading, after `Validating'-- 9
insert-- 10
`and declaratory'. 11
Clause 152 Insertion of new s 174 12
After section 173-- 13
insert-- 14
`174 Infringement notice for a corporation 15
`To remove any doubt, it is declared that section 165(4), as in 16
force immediately before the commencement of the Justice 17
and Other Legislation Amendment Act 2005, section 149 was 18
not and has never been, a contrary intention for the purposes 19
of the application of the Statutory Instruments Act 1992, 20
sections 24 and 25.'. 21
Part 23 Amendment of Statutory 22
Instruments Act 1992 23
Clause 153 Act amended in this part 24
This part amends the Statutory Instruments Act 1992. 25
s 154 72 s 155
Justice and Other Legislation Amendment Bill 2005
Clause 154 Insertion of new ss 14A and 14B 1
After section 14-- 2
insert-- 3
`14A Modified application--s 6 4
`For the purposes of applying the Acts Interpretation Act 5
1954, section 6(1), after `In an Act', insert `or statutory 6
instrument. 7
`14B Modified application--s 14 8
`For the purposes of applying section 14(7) of the Acts 9
Interpretation Act 1954, add the following example-- 10
11
`Example of an endnote to subordinate legislation--
12
ENDNOTES
13
1 Made by the Governor in Council on 9 December 2004.
14
2 Notified in the Gazette on 10 December 2004.
15
3 Laid before the Legislative Assembly on 22 February 2005
16
4 The administering agency is the Department of Education and the
17
Arts.'.
Clause 155 Insertion of new s 15A 18
After section 15-- 19
insert-- 20
`15A Modified application--section 14F 21
`For the purposes of applying section 14F(1) of the Acts 22
Interpretation Act 1954, omit the examples and insert-- 23
24
`Examples of citations--
25
1 Statutory Instruments Regulation 2002
26
2 Statutory Instruments Regulation 2002, SL No. 218
27
3 SL No. 218 of 2002
28
4 2002 SL No. 208'.
s 156 73 s 160
Justice and Other Legislation Amendment Bill 2005
Clause 156 Amendment of sch 1 (Provisions of Acts Interpretation 1
Act 1954 that apply to statutory instruments) 2
Schedule 1-- 3
insert-- 4
`section 6'. 5
Clause 157 Amendment of sch 2 (Provisions of Acts Interpretation 6
Act 1954 that do not apply to statutory instruments) 7
Schedule 2-- 8
insert-- 9
`section 7'. 10
Part 24 Amendment of Supreme Court 11
Library Act 1968 12
Clause 158 Act amended in this part 13
This part amends the Supreme Court Library Act 1968. 14
Clause 159 Amendment of s 4 (Constitution of committee, 15
appointment and term of office of members) 16
(1) Section 4(1)(c), `stipendiary'-- 17
omit. 18
(2) Section 4(4E), `stipendiary'-- 19
omit. 20
Clause 160 Insertion of new s 7A 21
After section 7-- 22
insert-- 23
s 160 74 s 160
Justice and Other Legislation Amendment Bill 2005
`7A Historic documents given to committee for 1
preservation 2
`(1) A lawyer may give an historic document to the committee, 3
without obtaining the consent of an interested person for the 4
historic document, if-- 5
(a) giving the historic document-- 6
(i) is not contrary to an express instruction given to 7
the lawyer by the interested person; and 8
(ii) is unlikely to adversely affect the interested person; 9
and 10
(b) it is not reasonably practicable to obtain the consent of 11
the interested person. 12
`(2) The committee must take reasonable steps to preserve the 13
historic document after receiving it. 14
`(3) The giving of an historic document to the committee does not 15
affect-- 16
(a) any right a person may have to recover possession of the 17
historic document; or 18
(b) legal professional privilege attaching to the historic 19
document, or the information contained in the historic 20
document. 21
`(4) The committee may use or disclose an historic document 22
given to the committee only if-- 23
(a) the use or disclosure is for historical or educational 24
purposes; and 25
(b) the historic document is at least 100 years old, or if the 26
historic document is a copy of another document, the 27
other document is at least 100 years old. 28
`(5) In this section-- 29
give includes loan. 30
historic document means a document that is considered by 31
the committee to have sufficient historical significance to 32
justify its preservation, and includes a copy of the document. 33
s 161 75 s 163
Justice and Other Legislation Amendment Bill 2005
interested person, for an historic document, means a person 1
having a legal right to object to a lawyer giving the document 2
to the committee.'. 3
Part 25 Amendment of Supreme Court 4
of Queensland Act 1991 5
Clause 161 Act amended in this part 6
This part amends the Supreme Court of Queensland Act 1991. 7
Clause 162 Amendment of s 31 (Constitution of court if 1 judge of 8
appeal unable to continue) 9
Section 31(1)-- 10
omit, insert-- 11
`(1) If-- 12
(a) after the Court of Appeal (including the court 13
constituted under this section) has started the hearing, or 14
further hearing, of a proceeding; and 15
(b) 1 of the judges constituting the court dies, resigns as a 16
judge, or is certified as incapable of sitting before the 17
proceeding has been determined; 18
the hearing and determination of the proceeding may be 19
finished by the remaining judges if at least 2 judges remain. 20
`(1A) A judge is certified as incapable of sitting if the Chief Justice 21
or the President of the Court of Appeal has issued a certificate 22
stating that the judge is incapable of sitting.'. 23
Clause 163 Replacement of s 41 (Decision) 24
Section 41-- 25
omit, insert-- 26
s 164 76 s 165
Justice and Other Legislation Amendment Bill 2005
`41 Decision 1
`The decision of the Court of Appeal is to be in accordance 2
with-- 3
(a) if the judges present at the hearing are equally divided in 4
opinion--the opinion of the judge who, at the start of 5
the hearing, was the most senior judge; or 6
(b) otherwise--the opinion of the majority of judges 7
present at the hearing.'. 8
Clause 164 Amendment of s 118 (Rule-making power) 9
Section 118-- 10
insert-- 11
`(2B) The rules of court may make provision of a saving or 12
transitional nature for which it is necessary to make provision 13
to allow or facilitate the doing of anything to achieve the 14
transition from the operation of the Vexatious Litigants Act 15
1981 to the operation of the Vexatious Proceedings Act 2005. 16
`(2C) However-- 17
(a) a rule may only be made under subsection (2B) within 2 18
years after the commencement of that subsection; and 19
(b) a rule made under subsection (2B) expires 2 years after 20
it is made. 21
`(2D) Subsections (2B), (2C) and this subsection expire 4 years after 22
the commencement of subsection (2B).'. 23
Clause 165 Amendment of sch 1 (Subject matter for rules) 24
Schedule 1-- 25
insert-- 26
`16A Vexatious proceedings 27
`Restriction of vexatious proceedings within the meaning of 28
the Vexatious Proceedings Act 2005.'. 29
s 166 77 s 167
Justice and Other Legislation Amendment Bill 2005
Part 26 Minor amendments and repeal 1
Clause 166 Acts amended in schedule 2
The schedule amends the Acts mentioned in it. 3
Clause 167 Repeal 4
The Suppression of Gambling Act 1895 No. 9 is repealed. 5
78
Justice and Other Legislation Amendment Bill 2005
Schedule Minor amendments 1
section 166 2
Criminal Code 3
1 Section 210(1)(a) to (e), after `;'-- 4
insert-- 5
`or'. 6
2 Section 216(3)(a) and (b), after `;'-- 7
insert-- 8
`or'. 9
3 Section 408A(1B)(a), after `;'-- 10
insert-- 11
`or'. 12
4 Section 442A(1), definition trustee, from `committee' to 13
`1974)'-- 14
omit, insert-- 15
`administrator appointed under the Guardianship and 16
Administration Act 2000'. 17
5 Section 450E(2)(a)(ii), (4)(a)(ii) and (5)(c) and (d), after `;'-- 18
insert-- 19
`or'. 20
79
Justice and Other Legislation Amendment Bill 2005
Schedule (continued)
6 Section 450F(3), after `to', first mention-- 1
insert-- 2
`the following'. 3
7 Section 546(b), (c) and (d), after `;'-- 4
insert-- 5
`and'. 6
8 Section 590A(6)(a) and (b), after `;'-- 7
insert-- 8
`and'. 9
9 Section 592(1A)(a), (b) and (c), after `;'-- 10
insert-- 11
`or'. 12
10 Section 636(2)(a), after `;'-- 13
insert-- 14
`and'. 15
11 Section 669A(1)(a), after `;'-- 16
insert-- 17
`or'. 18
12 Section 671K(3)(a), (b) and (c), after `;'-- 19
insert-- 20
`or'. 21
80
Justice and Other Legislation Amendment Bill 2005
Schedule (continued)
13 Section 672A(a), after `;'-- 1
insert-- 2
`or'. 3
Criminal Law (Rehabilitation of Offenders) Act 1986 4
1 Section 9A, table, column 2, item 17(2), before 5
`offender'-- 6
insert-- 7
`the'. 8
2 Section 9A, table, column 2, item 18(2), before 9
`offender'-- 10
insert-- 11
`the'. 12
Criminal Proceeds Confiscation Act 2002 13
1 Section 205(1)(a), `and'-- 14
omit. 15
Electronic Transactions (Queensland) Act 2001 16
1 Section 7A(1), `, part 2'-- 17
omit. 18
2 Section 7A(2)-- 19
omit. 20
81
Justice and Other Legislation Amendment Bill 2005
Schedule (continued)
3 Schedule 1, heading, `State laws,'-- 1
omit. 2
4 Schedule 1, part 2, heading-- 3
omit. 4
Judicial Review Act 1991 5
1 Schedule 1, part 1, item 5A, `1991'-- 6
omit, insert-- 7
`1989'. 8
Legal Aid Queensland Act 1997 9
1 Schedule, definition Legal Aid lawyer, first mention-- 10
omit. 11
Penalties and Sentences Act 1992 12
1 Schedule, entry for Drugs Misuse Act 1986, item 2, 13
`institutions)'-- 14
omit, insert-- 15
`institutions))'. 16
2 Schedule, entry for Drugs Misuse Act 1986, item 3, 17
`schedule)'-- 18
omit, insert-- 19
`schedule))'. 20
82
Justice and Other Legislation Amendment Bill 2005
Schedule (continued)
Prisoners (Interstate Transfer) Act 1982 1
1 Section 9, `part 11'-- 2
omit, insert-- 3
`part II'. 4
Powers of Attorney Act 1998 5
1 Section 57(3), example, `section 68.' and footnote-- 6
omit, insert-- 7
`section 59A.12'. 8
Queensland Law Society Act 1952 9
1 Section 3, definition approved form-- 10
omit. 11
© State of Queensland 2005
12 Section 59A (Effect of power ending) allows the remaining joint attorney to exercise
a power another joint attorney is unable to exercise.
AMENDMENTS TO BILL
1
Justice and Other Legislation Amendment Bill 2005
Justice and Other Legislation Amendment
Bill 2005
Amendments agreed to during Consideration
1 After clause 107--
At page 52, after line 4--
insert--
`Part 13A Amendment of Guardianship
and Administration Act 2000
`107A Act amended in this part
`This part amends the Guardianship and Administration Act
2000.
`107B Amendment of s 112 (Publication about proceeding or
disclosure of identity)
`(1) Section 112--
insert--
`(3A) Subsection (3) does not apply to the publication of
information about a proceeding, or to the disclosure of the
identity of a person involved in a proceeding, to a reviewer for
the purposes of the substituted decision-making review.
`(3B) Subsection (3) does not apply to the publication of
information about a proceeding by a reviewer for the purposes
of the substituted decision-making review.'.
`(2) Section 112(4)--
insert--
`commission means the Law Reform Commission established
under the Law Reform Commission Act 1968.
2
Justice and Other Legislation Amendment Bill 2005
consultant means a person engaged under the Law Reform
Commission Act 1968, section 9.1
reviewer means a member of the commission or its staff, or a
consultant, involved in the substituted decision-making
review.
substituted decision-making review means the review of
particular matters under this Act and the Powers of Attorney
Act 1998 referred to the commission by the Minister on 14
October 2005.'.
`(3) Section 112--
insert--
`(5) The following provisions expire on 1 January 2009--
(a) subsections (3A), (3B) and (6);
(b) subsection (4), definitions commission, consultant,
reviewer and substituted decision-making review;
(c) this subsection.
`(6) However, before 1 January 2009, a regulation may extend the
period before expiry to not later than 1 January 2010.'.
`107C Amendment of s 249 (Preservation of confidentiality)
`(1) Section 249(2)--
insert--
`(h) a reviewer.'.
`(2) Section 249(3)--
insert--
`(g) for the substituted decision-making review.'.
`(3) Section 249(4)--
insert--
`commission means the Law Reform Commission established
under the Law Reform Commission Act 1968.
1 Law Reform Commission Act 1968, section 9 (Specialised assistance)
3
Justice and Other Legislation Amendment Bill 2005
consultant means a person engaged under the Law Reform
Commission Act 1968, section 9.2
reviewer means a member of the commission or its staff, or a
consultant, involved in the substituted decision-making
review.
substituted decision-making review means the review of
particular matters under this Act and the Powers of Attorney
Act 1998 referred to the commission by the Minister on 14
October 2005.'.
`Part 13B Amendment of Judicial Review
Act 1991
`107D Act amended in this part
`This part amends the Judicial Review Act 1991.
`107E Insertion of new pt 7
`After part 6--
insert--
`Part 7 Transitional provision
`58 Transitional provision for Justice and Other Legislation
Amendment Act 2005
`It is declared that the insertion in schedule 1, part 1 of item
6AA does not affect an application for a statutory order for
review lodged with a registry of the court before the
commencement of this section and not heard or decided at the
commencement.'.
2 Law Reform Commission Act 1968, section 9 (Specialised assistance)
4
Justice and Other Legislation Amendment Bill 2005
`107F Amendment of sch 1, pt 1
`Schedule 1, part 1--
insert--
`6AA Small Claims Tribunals Act 1973, section 19'.'.
2 After clause 126--
At page 60, after line 22--
insert--
`Part 17A Amendment of Powers of
Attorney Act 1998
`126A Act amended in this part
`This part amends the Powers of Attorney Act 1998.
`126B Amendment of s 74 (Preservation of confidentiality)
`(1) Section 74(1), after `an attorney'--
insert--
`or reviewer'.
`(2) Section 74(2)--
insert--
`(f) for the substituted decision-making review.'.
`(3) Section 74(4)--
insert--
`commission means the Law Reform Commission established
under the Law Reform Commission Act 1968.
consultant means a person engaged under the Law Reform
Commission Act 1968, section 9.3
3 Law Reform Commission Act 1968, section 9 (Specialised assistance)
5
Justice and Other Legislation Amendment Bill 2005
reviewer means a member of the commission or its staff, or a
consultant, involved in the substituted decision-making
review.
substituted decision-making review means the review of
particular matters under this Act and the Guardianship and
Administration Act 2000 referred to the commission by the
Minister on 14 October 2005.'.'.
3 Clause 135--
At page 64, after line 17--
insert--
`(4) Fees payable under this Act may be set at a level that is
sufficient to cover the costs of administering this Act and
funding the council in the performance of its functions.'.'.
4 Clause 136--
At page 64, lines 19 to 21--
omit.
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