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Queensland
Justice and Other Legislation
Amendment Bill 2014
Queensland
Justice and Other Legislation Amendment
Bill 2014
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of Aboriginal and Torres Strait Islander
Communities (Justice, Land and Other Matters) Act 1984
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Amendment of s 20 (Membership) . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 3 Amendment of Acts Interpretation Act 1954
5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6 Amendment of s 48 (Forms--notification and availability) . . . . . . 14
7 Insertion of new s 52A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
52A Regulation-making power. . . . . . . . . . . . . . . . . . . . . . 15
8 Insertion of new pt 14, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3 Transitional provision for Justice and Other
Legislation Amendment Act 2014
58 Form approved or made available, but not notified in gazette,
before commencement. . . . . . . . . . . . . . . . . . . . . . . . 16
Part 4 Amendment of Anti-Discrimination Act 1991
9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10 Amendment of s 119 (Meaning of sexual harassment) . . . . . . . . 17
Part 5 Amendment of Appeal Costs Fund Act 1973
11 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 Amendment of s 5 (Appeal Costs Fund) . . . . . . . . . . . . . . . . . . . 18
13 Amendment of s 22 (Abortive proceedings and new trials after
proceedings discontinued) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Replacement of s 30 (Amendment of regulation--Justice and Other
Legislation Amendment Act 2013) . . . . . . . . . . . . . . . . . . . . . . . . 19
Justice and Other Legislation Amendment Bill 2014
Contents
30 Transitional provision for Justice and Other Legislation
Amendment Act 2014. . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 6 Amendment of Births, Deaths and Marriages Registration
Act 2003
15 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Amendment of s 5 (Notification of birth) . . . . . . . . . . . . . . . . . . . . 19
17 Amendment of s 29 (How to apply to register the death of a person) 20
18 Amendment of s 32 (Notifying about disposal of a deceased person's
body) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19 Amendment of s 44 (Obtaining information from the registrar) . . 21
20 Amendment of s 48B (Registrar may enter into arrangement with family
and child commissioner). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
21 Amendment of s 48C (Registrar may enter into arrangement with health
ombudsman) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
22 Insertion of new s 54A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
54A How notice is given or application is made electronically 22
23 Amendment of s 55 (Approved forms) . . . . . . . . . . . . . . . . . . . . . 23
24 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 7 Amendment of Civil Liability Act 2003
25 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Replacement of s 45 (Criminals not to be awarded damages). . . 24
45 No damages for harm suffered in the course of criminal
conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
27 Insertion of new ch 5, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Part 8 Transitional provision for Justice and Other
Legislation Amendment Act 2014
86 Application of s 45 in relation to damages for harm suffered
in the course of criminal conduct . . . . . . . . . . . . . . . . 25
Part 8 Amendment of Civil Proceedings Act 2011
28 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Amendment of s 16 (Amendment for new cause of action or party) 26
30 Amendment of s 17 (Interested person may become a party and may be
bound by outcome). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
31 Amendment of s 18 (Order binds persons who are represented) 27
32 Amendment of s 88 (Enforcement against property of a business) 27
33 Amendment of s 89 (Variation of order in relation to a business name)
27
34 Insertion of new pt 13A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 13A Representative proceedings in Supreme Court
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Justice and Other Legislation Amendment Bill 2014
Contents
Division 1 Preliminary
103A Definitions for pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 2 Conduct of representative proceedings
103B Starting proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . 28
103C Standing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
103D Whether consent required to be a group member . . . 30
103E Persons under a legal incapacity . . . . . . . . . . . . . . . . 30
103F Originating process . . . . . . . . . . . . . . . . . . . . . . . . . . 31
103G Right of group member to opt out. . . . . . . . . . . . . . . . 31
103H Cause of action accruing after representative proceeding
started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
103I Less than 7 group members. . . . . . . . . . . . . . . . . . . . 32
103J Distribution costs excessive . . . . . . . . . . . . . . . . . . . . 33
103K Discontinuance of proceeding in certain circumstances 33
103L Effect of discontinuance order under this part . . . . . . 35
103M Where not all issues are common . . . . . . . . . . . . . . . 35
103N Individual issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
103O Directions for further proceedings . . . . . . . . . . . . . . . 36
103P Adequacy of representation . . . . . . . . . . . . . . . . . . . . 36
103Q Stay of execution in particular circumstances . . . . . . 37
103R Settlement and discontinuance . . . . . . . . . . . . . . . . . 37
103S Settlement of individual claim of representative party 37
Division 3 Notices
103T When notice must be given . . . . . . . . . . . . . . . . . . . . 38
103U Notice requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 4 Powers of the court
103V Judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
103W Constitution etc. of fund . . . . . . . . . . . . . . . . . . . . . . . 41
103X Effect of judgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 5 Appeals
103Y Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 6 Miscellaneous
103Z Suspension of limitation periods. . . . . . . . . . . . . . . . . 44
103ZA General power of court to make orders . . . . . . . . . . . 45
103ZB Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
103ZC Reimbursement of representative party's costs . . . . . 45
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Justice and Other Legislation Amendment Bill 2014
Contents
35 Insertion of new pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Part 16 Transitional provision for Justice and Other
Legislation Amendment Act 2014
111 Application of pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . 46
36 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 46
Part 9 Amendment of Coroners Act 2003
37 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
38 Amendment of s 29 (When inquest must not be held or continued) 47
39 Insertion of new pt 6, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 5 Transitional provision for Justice and Other
Legislation Amendment Act 2014
116 Application of s 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Part 10 Amendment of Corporations (Administrative Actions) Act
2001
40 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
41 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Part 11 Amendment of Corrective Services Act 2006
42 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
43 Insertion of new s 48A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
48A Prisoner must not send distressing or traumatic
correspondence to victim . . . . . . . . . . . . . . . . . . . . . . 49
Part 12 Amendment of Court Funds Act 1973
44 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
45 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
46 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Part 13 Amendment of Criminal Code
47 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
48 Amendment of s 236 (Misconduct with regard to corpses) . . . . . 51
49 Amendment of s 552I (Procedure under section 552B) . . . . . . . . 51
Part 14 Amendment of Criminal Proceeds Confiscation Act 2002
50 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
51 Replacement of s 52 (Contravention of restraining order) . . . . . . 52
52 Contravention of restraining order . . . . . . . . . . . . . . . 53
52 Replacement of s 60 (Dealing with forfeited property prohibited). 54
60 Dealing with forfeited property prohibited . . . . . . . . . . 54
53 Replacement of s 93ZT (Contravention of restraining order) . . . . 56
93ZT Contravention of restraining order . . . . . . . . . . . . . . . 56
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Justice and Other Legislation Amendment Bill 2014
Contents
54 Amendment of s 93ZZB (Making of serious drug offender confiscation
order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
55 Replacement of s 93ZZH (Dealing with forfeited property prohibited) 58
93ZZH Dealing with property forfeited under serious drug offender
confiscation order prohibited . . . . . . . . . . . . . . . . . . . 58
56 Replacement of s 143 (Contravention of restraining order) . . . . . 59
143 Contravention of restraining order . . . . . . . . . . . . . . . 60
57 Replacement of s 171 (Dealing with forfeited property prohibited) 61
171 Dealing with forfeited property prohibited . . . . . . . . . . 61
58 Amendment of s 249 (Communication of information by financial
institutions to particular officers). . . . . . . . . . . . . . . . . . . . . . . . . . 63
59 Insertion of new ch 12, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Part 5 Transitional provisions for Justice and Other
Legislation Amendment Act 2014
295 Transitional provision for ss 52, 93ZT and 143. . . . . . 63
296 Transitional provision for ss 60 and 171 . . . . . . . . . . 64
297 Transitional provision for s 93ZZH . . . . . . . . . . . . . . . 64
60 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 64
Part 15 Amendment of Drugs Misuse Act 1986
61 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
62 Amendment of s 6 (Supplying dangerous drugs) . . . . . . . . . . . . . 64
63 Amendment of s 128 (Analyst's certificate) . . . . . . . . . . . . . . . . . 65
64 Insertion of new pt 7, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 10 Provision for Justice and Other Legislation
Amendment Act 2014
146 Validation of analysts' certificates signed before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Part 16 Amendment of Electoral Act 1992
65 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
66 Amendment of s 120 (Electoral visitor voting) . . . . . . . . . . . . . . . 66
67 Replacement of s 192 (Failure to post, fax or deliver documents for
someone else) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
192 Failure to give the commission or returning officer a request
66
Part 17 Amendment of Evidence Act 1977
68 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
69 Amendment of s 95A (DNA evidentiary certificate) . . . . . . . . . . . 67
70 Insertion of new pt 9, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
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Justice and Other Legislation Amendment Bill 2014
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Division 6 Justice and Other Legislation Amendment Act
2014
147 Application of amendments to DNA evidentiary certificate
provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Part 18 Amendment of Industrial Relations Act 1999
71 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
72 Amendment of s 299 (Functions and powers of registrar) . . . . . . 68
73 Amendment of s 692A (Definitions for this part). . . . . . . . . . . . . . 68
74 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 69
Part 19 Amendment of Justices Act 1886
75 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
76 Amendment of s 145 (Defendant to be asked to plead) . . . . . . . . 69
Part 20 Amendment of Legal Profession Act 2007
77 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
78 Amendment of s 9 (Suitability matters) . . . . . . . . . . . . . . . . . . . . 70
79 Amendment of s 12 (Meaning of government legal officer and engaged
in government work and related matters) . . . . . . . . . . . . . . . . . . . 71
80 Amendment of s 289 (Payments from fund) . . . . . . . . . . . . . . . . . 71
81 Amendment of s 291 (Submission of budgets). . . . . . . . . . . . . . . 71
82 Omission of s 780 (Amendment of regulation by Justice and Other
Legislation Amendment Act 2013) . . . . . . . . . . . . . . . . . . . . . . . . 72
83 Insertion of new ch 10, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Part 5 Transitional provisions for Justice and Other
Legislation Amendment Act 2014
781 Application of s 9(1) and additional obligation to disclose
suitability matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
782 Application of amended show cause event definition and
additional obligation to give notice and statement . . . 73
84 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 21 Amendment of Magistrates Courts Act 1921
85 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
86 Amendment of s 3C (Appointment of bailiffs and bailiff's assistants) 75
87 Insertion of new ss 62 and 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
62 Transitional provision for Justice and Other Legislation
Amendment Act 2014--saving of appointment of bailiff 75
63 Transitional provision for Justice and Other Legislation
Amendment Act 2014--cessation of appointment of
assistant bailiff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
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Justice and Other Legislation Amendment Bill 2014
Contents
Part 22 Amendment of Penalties and Sentences Act 1992
88 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
89 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 76
90 Amendment of s 15B (Definitions for div 1) . . . . . . . . . . . . . . . . . 77
91 Amendment of s 43N (Commissioner may give copy of banning order to
particular persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
92 Amendment of s 159A (Time held in presentence custody to be
deducted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
93 Insertion of new pt 14, div 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Division 12 Transitional provision for Justice and Other
Legislation Amendment Act 2014
238 Sentencing guidelines-supply of dangerous drugs . . 78
Part 23 Amendment of Professional Standards Act 2004
94 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
95 Amendment of s 15 (Commencement of schemes) . . . . . . . . . . . 78
96 Amendment of s 16 (Challenges to schemes) . . . . . . . . . . . . . . . 79
97 Amendment of s 18 (Amendment and revocation of schemes) . . 79
98 Amendment of s 18A (Notice of revocation of scheme) . . . . . . . . 79
99 Amendment of s 18B (Termination of operation of interstate schemes in
this jurisdiction). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
100 Amendment of s 43 (Functions of council) . . . . . . . . . . . . . . . . . . 80
Part 24 Amendment of Property Law Act 1974
101 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
102 Amendment of s 57A (Effect of Act or statutory instrument) . . . . 80
103 Insertion of new pt 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Part 24 Transitional provisions for Justice and Other
Legislation Amendment Act 2014
357 Application of s 57A . . . . . . . . . . . . . . . . . . . . . . . . . . 81
358 Saving provision for s 57A . . . . . . . . . . . . . . . . . . . . . 82
Part 25 Amendment of Public Guardian Act 2014
104 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
105 Amendment of s 52 (When is a child a relevant child) . . . . . . . . . 82
106 Amendment of s 89 (Chief executive (child safety) to advise public
guardian when child is subject to particular orders, etc.) . . . . . . . 83
107 Amendment of s 113 (Duration of appointment as community visitor) 84
Part 26 Amendment of Queensland Civil and Administrative
Tribunal Act 2009
108 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
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109 Replacement of ss 131-132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
131 Monetary decisions . . . . . . . . . . . . . . . . . . . . . . . . . . 84
132 Non-monetary decisions. . . . . . . . . . . . . . . . . . . . . . . 85
110 Amendment of sch 2 (Subject matter for rules) . . . . . . . . . . . . . . 86
Part 27 Amendment of Recording of Evidence Act 1962
111 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
112 Amendment of s 11A (Retention and destruction of records) . . . 86
Part 28 Amendment of Referendums Act 1997
113 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
114 Amendment of s 16 (Kinds of polling booths). . . . . . . . . . . . . . . . 87
115 Amendment of s 18 (Supply of ballot papers and electoral rolls) . 87
116 Amendment of s 19 (Scrutineers). . . . . . . . . . . . . . . . . . . . . . . . . 88
117 Amendment of s 21 (Who may vote) . . . . . . . . . . . . . . . . . . . . . . 88
118 Amendment of s 22 (Procedure for voting). . . . . . . . . . . . . . . . . . 89
119 Insertion of new pt 4, div 3, sdiv 1A . . . . . . . . . . . . . . . . . . . . . . . 90
Subdivision 1A Pre-poll ordinary voting
24A Pre-poll ordinary voting . . . . . . . . . . . . . . . . . . . . . . . 90
24B Pre-poll voting offices . . . . . . . . . . . . . . . . . . . . . . . . . 90
24C Procedure for pre-poll ordinary voting . . . . . . . . . . . . 91
24D Help to enable electors to vote at pre-poll voting offices 93
120 Amendment of s 25 (Who may make a declaration vote). . . . . . . 94
121 Amendment of s 30 (Making a declaration vote using posted referendum
papers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
122 Amendment of s 31 (Electoral visitor voting) . . . . . . . . . . . . . . . . 95
123 Amendment of s 32 (Making a declaration vote in cases of uncertain
identity). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
124 Insertion of new pt 4, div 3, sdiv 2A . . . . . . . . . . . . . . . . . . . . . . . 96
Subdivision 2A Electronically assisted voting
32A Who may make an electronically assisted vote . . . . . 96
32B Prescribed procedures for electronically assisted voting 97
32C Audit of electronically assisted voting for a referendum 98
32D Protection of information technology . . . . . . . . . . . . . 98
32E Commissioner may decide electronically assisted voting is
not to be used. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
125 Amendment of s 33 (How electors must vote) . . . . . . . . . . . . . . . 99
126 Amendment of s 36 (Preliminary processing of declaration envelopes
and ballot papers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
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127 Amendment of s 38 (Preliminary counting of ordinary votes). . . . 100
128 Amendment of s 39 (Official counting of votes) . . . . . . . . . . . . . . 100
129 Replacement of s 83 (Failure to post, fax or deliver documents for
someone else) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
83 Failure to give the commission or returning officer a request
101
130 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 101
Part 29 Amendment of Supreme Court Library Act 1968
131 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
132 Insertion of new s 13B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
13B Protection from liability of members . . . . . . . . . . . . . . 102
Part 30 Amendment of Telecommunications Interception Act 2009
133 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
134 Amendment of s 14 (Eligible authority to keep documents connected
with issue of warrants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Part 31 Amendment of Tourism and Events Queensland Act 2012
135 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
136 Replacement of pt 3 (Tourism and Events Queensland Employing
Office). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Part 3 Employees
32 Corporation may employ staff. . . . . . . . . . . . . . . . . . . 104
137 Insertion of new pt 6, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Division 3 Transitional provisions for Justice and Other
Legislation Amendment Act 2014
53 Employees of former employing office . . . . . . . . . . . . 105
Part 32 Amendment of Trusts Act 1973
138 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
139 Amendment of s 56 (Power to delegate trusts) . . . . . . . . . . . . . . 106
140 Insertion of new pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Part 13 Validation provision for Justice and Other
Legislation Amendment Act 2014
123 Validation of powers of attorney for the purposes of s 56 106
Part 33 Amendment of Vexatious Proceedings Act 2005
141 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
142 Amendment of s 12 (Dismissing application for leave). . . . . . . . . 107
143 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Part 4A Transitional provision for Justice and Other
Legislation Amendment Act 2014
Page 9
Justice and Other Legislation Amendment Bill 2014
Contents
16A Pre-amended Act continues to apply to particular
applications made before commencement. . . . . . . . . 108
Part 34 Repeals
144 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Page 10
2014
A Bill
for
An Act to amend the Aboriginal and Torres Strait Islander
Communities (Justice, Land and Other Matters) Act 1984, Acts
Interpretation Act 1954, Anti-Discrimination Act 1991, Appeal Costs
Fund Act 1973, Births, Deaths and Marriages Registration Act 2003,
Civil Liability Act 2003, Civil Proceedings Act 2011, Coroners Act
2003, Corporations (Administrative Actions) Act 2001, Corrective
Services Act 2006, Court Funds Act 1973, Criminal Code, Criminal
Proceeds Confiscation Act 2002, Drugs Misuse Act 1986, Electoral
Act 1992, Evidence Act 1977, Industrial Relations Act 1999, Justices
Act 1886, Legal Profession Act 2007, Magistrates Courts Act 1921,
Penalties and Sentences Act 1992, Professional Standards Act 2004,
Property Law Act 1974, Public Guardian Act 2014, Queensland Civil
and Administrative Tribunal Act 2009, Recording of Evidence Act
1962, Referendums Act 1997, Supreme Court Library Act 1968,
Telecommunications Interception Act 2009, Tourism and Events
Queensland Act 2012, Trusts Act 1973 and Vexatious Proceedings
Act 2005 for particular purposes, and to repeal the Companies
(Acquisition of Shares) (Application of Laws) Act 1981, Companies
and Securities (Interpretation and Miscellaneous Provisions)
(Application of Laws) Act 1981, Companies (Application of Laws) Act
1981, Futures Industry (Application of Laws) Act 1986 and Securities
Industry (Application of Laws) Act 1981
Justice and Other Legislation Amendment Bill 2014
Part 1 Preliminary
[s 1]
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 2014. 5
Clause 2 Commencement 6
(1) Part 31 commences on 1 July 2015. 7
(2) The following provisions commence on a day to be fixed by 8
proclamation-- 9
(a) parts 2 and 3; 10
(b) sections 29 to 31 and 34 to 36; 11
(c) section 86(1) and (3) to (5); 12
(d) section 87, to the extent it inserts new section 63. 13
Part 2 Amendment of Aboriginal and 14
Torres Strait Islander 15
Communities (Justice, Land 16
and Other Matters) Act 1984 17
Clause 3 Act amended 18
This part amends the Aboriginal and Torres Strait Islander 19
Communities (Justice, Land and Other Matters) Act 1984. 20
Page 12
Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 4]
Clause 4 Amendment of s 20 (Membership) 1
(1) Section 20(1A)-- 2
omit, insert-- 3
(1A) The Minister is to-- 4
(a) appoint the members of each community 5
justice group by written notice given to each 6
member; and 7
(b) publish notice of the appointments on the 8
Queensland Courts website. 9
(2) Section 20(4A)-- 10
omit, insert-- 11
(4A) If the Minister decides a member of a community 12
justice group is no longer eligible or suitable for 13
appointment to the membership of the 14
community justice group, the Minister must-- 15
(a) revoke the member's appointment by 16
written notice given to the member; and 17
(b) publish notice of the revocation on the 18
Queensland Courts website. 19
(3) Section 20(5)-- 20
insert-- 21
Queensland Courts website means-- 22
(a) ; or 23
(b) another website authorised by the chief 24
executive for this section. 25
Page 13
Justice and Other Legislation Amendment Bill 2014
Part 3 Amendment of Acts Interpretation Act 1954
[s 5]
Part 3 Amendment of Acts 1
Interpretation Act 1954 2
Clause 5 Act amended 3
This part amends the Acts Interpretation Act 1954. 4
Clause 6 Amendment of s 48 (Forms--notification and availability) 5
(1) Section 48(5), `in the gazette'-- 6
omit, insert-- 7
on the relevant government website 8
(2) Section 48(6)-- 9
omit, insert-- 10
(6) Subsection (5) may be complied with by 11
publishing on the relevant government website 12
either of the following-- 13
(a) a notice stating-- 14
(i) the form's approval or availability; and 15
(ii) the form's heading, number and 16
version number; and 17
(iii) a place or places where copies of the 18
form are available; and 19
(iv) the date on which the notice is 20
published; 21
(b) the form and the date on which the form is 22
published. 23
(6A) For subsection (5), a thing is published on the 24
relevant government website if it is published on, 25
or accessible through, the relevant government 26
website. 27
(3) Section 48-- 28
Page 14
Justice and Other Legislation Amendment Bill 2014
Part 3 Amendment of Acts Interpretation Act 1954
[s 7]
insert-- 1
(9) In this section-- 2
local government entity means a local 3
government. 4
relevant government website means-- 5
(a) for publication in relation to a form 6
approved or made available by a local 7
government entity--the local government's 8
website; or 9
(b) for publication in relation to a form 10
approved or made available by another 11
entity--the whole-of-government website. 12
whole-of-government website means-- 13
(a) ; or 14
(b) another website prescribed by regulation. 15
Clause 7 Insertion of new s 52A 16
Part 13-- 17
insert-- 18
52A Regulation-making power 19
The Governor in Council may make regulations under 20
this Act. 21
Clause 8 Insertion of new pt 14, div 3 22
After section 57-- 23
insert-- 24
Page 15
Justice and Other Legislation Amendment Bill 2014
Part 3 Amendment of Acts Interpretation Act 1954
[s 8]
Division 3 Transitional provision for 1
Justice and Other 2
Legislation Amendment 3
Act 2014 4
58 Form approved or made available, but not 5
notified in gazette, before commencement 6
(1) This section applies if before the 7
commencement-- 8
(a) a form was approved or made available by 9
an entity under an authorising law; and 10
(b) there had been no notification of the 11
approval or availability in a way that 12
complied with previous section 48(5). 13
(2) On or after the day of commencement, the entity 14
may give notification of the approval or 15
availability of the form by complying with-- 16
(a) previous section 48; or 17
(b) revised section 48. 18
(3) In this section-- 19
authorising law see section 48(1). 20
form includes a new version of a form. 21
previous, if followed by a provision number, 22
means the provision of that number as in force 23
immediately before the commencement. 24
revised section 48 means section 48 as in force at 25
any time after the commencement. 26
Page 16
Justice and Other Legislation Amendment Bill 2014
Part 4 Amendment of Anti-Discrimination Act 1991
[s 9]
Part 4 Amendment of 1
Anti-Discrimination Act 1991 2
Clause 9 Act amended 3
This part amends the Anti-Discrimination Act 1991. 4
Clause 10 Amendment of s 119 (Meaning of sexual harassment) 5
(1) Section 119, examples, `Examples of subsection (1)(a)'-- 6
omit, insert-- 7
Examples for paragraph (a) 8
(2) Section 119, examples, `Example of subsection (1)(b)'-- 9
omit, insert-- 10
Example for paragraph (b) 11
(3) Section 119, examples, `Examples of subsection (1)(c)'-- 12
omit, insert-- 13
Examples for paragraph (c) 14
(4) Section 119, examples, `Examples of subsection (1)(d)'-- 15
omit, insert-- 16
Examples for paragraph (d) 17
Part 5 Amendment of Appeal Costs 18
Fund Act 1973 19
Clause 11 Act amended 20
This part amends the Appeal Costs Fund Act 1973. 21
Page 17
Justice and Other Legislation Amendment Bill 2014
Part 5 Amendment of Appeal Costs Fund Act 1973
[s 12]
Clause 12 Amendment of s 5 (Appeal Costs Fund) 1
(1) Section 5(3), `subsections (7) and (8) of this section,'-- 2
omit, insert-- 3
subsection (6) and 4
(2) Section 5(4) to (7)-- 5
omit. 6
(3) Section 5(1A) to (9)-- 7
renumber as section 5(2) to (7). 8
Clause 13 Amendment of s 22 (Abortive proceedings and new trials 9
after proceedings discontinued) 10
(1) Section 22(1)(b)-- 11
omit, insert-- 12
(b) an appeal on a question of law, or the ground 13
that there was a miscarriage of justice, 14
against the conviction of a person (the 15
appellant) convicted on indictment 16
succeeds, and a new trial is ordered; or 17
(2) Section 22(1), `such costs as the board considers have been'-- 18
omit, insert-- 19
the costs the board considers have been thrown away 20
or partly thrown away and were 21
(3) Section 22, after subsection (1)-- 22
insert-- 23
(1B) For subsection (1), costs thrown away in relation 24
to a proceeding include costs that are 25
unnecessarily incurred, or are reasonably 26
incurred but are wasted once the proceeding is 27
rendered abortive or the conviction is quashed or 28
the hearing of the proceedings is discontinued. 29
Page 18
Justice and Other Legislation Amendment Bill 2014
Part 6 Amendment of Births, Deaths and Marriages Registration Act 2003
[s 14]
Clause 14 Replacement of s 30 (Amendment of regulation--Justice 1
and Other Legislation Amendment Act 2013) 2
Section 30-- 3
omit, insert-- 4
30 Transitional provision for Justice and Other 5
Legislation Amendment Act 2014 6
(1) This section applies in relation to a person's 7
entitlement to a payment from the fund under 8
section 22 if-- 9
(a) the entitlement arose under section 22 10
before the commencement; and 11
(b) on the commencement, the board has not 12
decided the amount of the payment to be 13
made to the person under that section. 14
(2) Section 22, as amended by the Justice and Other 15
Legislation Amendment Act 2014, applies in 16
relation to the person's entitlement to a payment 17
from the fund. 18
Part 6 Amendment of Births, Deaths 19
and Marriages Registration Act 20
2003 21
Clause 15 Act amended 22
This part amends the Births, Deaths and Marriages 23
Registration Act 2003. 24
Clause 16 Amendment of s 5 (Notification of birth) 25
Section 5-- 26
insert-- 27
Page 19
Justice and Other Legislation Amendment Bill 2014
Part 6 Amendment of Births, Deaths and Marriages Registration Act 2003
[s 17]
(5) For subsection (1), a responsible person who is 1
the person in charge of a hospital must give the 2
notice electronically unless the registrar 3
reasonably considers-- 4
(a) it would be impractical to do so because the 5
hospital is located in an area that does not 6
allow for giving the notice electronically; or 7
(b) other exceptional circumstances do not 8
allow for giving the notice electronically. 9
Clause 17 Amendment of s 29 (How to apply to register the death of 10
a person) 11
Section 29(5)-- 12
omit, insert-- 13
(5) If the person making a death registration 14
application is a funeral director in Queensland, 15
the person must give the application 16
electronically unless the registrar reasonably 17
considers-- 18
(a) it would be impractical to do so because the 19
funeral director's place of business is 20
located in an area that does not allow for the 21
notice to be given electronically; or 22
(b) other exceptional circumstances do not 23
allow for the notice to be given 24
electronically. 25
Clause 18 Amendment of s 32 (Notifying about disposal of a 26
deceased person's body) 27
Section 32(6), from `registrar notice'-- 28
omit, insert-- 29
notice electronically unless the registrar reasonably 30
considers-- 31
Page 20
Justice and Other Legislation Amendment Bill 2014
Part 6 Amendment of Births, Deaths and Marriages Registration Act 2003
[s 19]
(a) it would be impractical to do so because the 1
crematorium or cemetery is located in an 2
area that does not allow for giving the notice 3
electronically; or 4
(b) other exceptional circumstances do not 5
allow for giving the notice electronically. 6
Clause 19 Amendment of s 44 (Obtaining information from the 7
registrar) 8
(1) Section 44(1)(b)-- 9
omit, insert-- 10
(b) a copy of a source document. 11
(2) Section 44-- 12
insert-- 13
(1A) For subsection (1), an application may be given 14
to the registrar electronically. 15
(3) Section 44(9) and (10)-- 16
omit, insert-- 17
(9) The registrar may give requested information to 18
an applicant electronically. 19
(10) Subsection (9) does not limit-- 20
(a) a requirement of this Act about giving the 21
requested information; or 22
(b) the Electronic Transactions (Queensland) 23
Act 2001. 24
Clause 20 Amendment of s 48B (Registrar may enter into 25
arrangement with family and child commissioner) 26
Section 48B(6), definition source document-- 27
omit. 28
Page 21
Justice and Other Legislation Amendment Bill 2014
Part 6 Amendment of Births, Deaths and Marriages Registration Act 2003
[s 21]
Clause 21 Amendment of s 48C (Registrar may enter into 1
arrangement with health ombudsman) 2
Section 48C(6), definition source document-- 3
omit. 4
Clause 22 Insertion of new s 54A 5
After section 54-- 6
insert-- 7
54A How notice is given or application is made 8
electronically 9
(1) This section applies if, under this Act, a person is 10
required or permitted to give a notice or 11
application to the registrar electronically. 12
(2) The notice or application is given electronically if 13
it is given-- 14
(a) in an electronic format, and in a way, 15
approved by the registrar; or 16
Examples of electronic formats and ways of giving 17
information-- 18
· capturing the information in an electronic form 19
(such as an HTML web-form, a mobile 20
application or a smartform) that is submitted 21
through an online system provided by the 22
registrar 23
· including the information in a data file that is 24
transmitted electronically between 2 computer 25
systems 26
(b) under the Electronic Transactions 27
(Queensland) Act 2001. 28
Note-- 29
Under the Electronic Transactions (Queensland) 30
Act 2001, the person to whom the information is 31
required or permitted to be given (in this case, the 32
registrar) must consent to the information being 33
given by an electronic communication. See 34
sections 11(2) and 12(2) of that Act. 35
Page 22
Justice and Other Legislation Amendment Bill 2014
Part 6 Amendment of Births, Deaths and Marriages Registration Act 2003
[s 23]
(3) Also, a requirement for the notice or application 1
to be given in the approved form is complied with 2
if the information required in the approved form 3
is given under subsection (2). 4
Clause 23 Amendment of s 55 (Approved forms) 5
Section 55-- 6
insert-- 7
(1A) Without limiting subsection (1), an approved 8
form may be an electronic form. 9
Clause 24 Amendment of sch 2 (Dictionary) 10
Schedule 2-- 11
insert-- 12
approved form means a form approved by the 13
chief executive under section 55(1). 14
funeral director means a person who carries on 15
the business of arranging for the disposal of the 16
bodies of deceased persons. 17
source document-- 18
(a) means a document, other than a document 19
prescribed by regulation, given to the 20
registrar in relation to the registration or 21
notation of an event in a register kept by the 22
registrar; and 23
(b) includes a digitised copy of a document to 24
which paragraph (a) applies, kept by the 25
registrar as an official record of the 26
document. 27
Page 23
Justice and Other Legislation Amendment Bill 2014
Part 7 Amendment of Civil Liability Act 2003
[s 25]
Part 7 Amendment of Civil Liability 1
Act 2003 2
Clause 25 Act amended 3
This part amends the Civil Liability Act 2003. 4
Clause 26 Replacement of s 45 (Criminals not to be awarded 5
damages) 6
Section 45-- 7
omit, insert-- 8
45 No damages for harm suffered in the course of 9
criminal conduct 10
(1) A person does not incur civil liability for breach 11
of duty if the court is satisfied on the balance of 12
probabilities that the harm suffered by another 13
person (the offender) for which, apart from this 14
section, the civil liability would arise, was 15
suffered in the course of criminal conduct by the 16
offender. 17
(2) However, subsection (1) does not apply if the 18
harm suffered by the offender arose from an 19
unlawful act that was intended to result in the 20
offender suffering harm. 21
(3) If the offender wishes to rely on subsection (2), 22
the offender must prove, on the balance of 23
probabilities, that it applies. 24
(4) For subsection (1), it does not matter whether the 25
offender has been, will be, is or was capable of 26
being proceeded against or convicted of the 27
indictable offence to which the criminal conduct 28
relates. 29
(5) If the offender has been dealt with for the 30
indictable offence to which the criminal conduct 31
Page 24
Justice and Other Legislation Amendment Bill 2014
Part 7 Amendment of Civil Liability Act 2003
[s 27]
relates, it does not matter whether the person was 1
dealt with on indictment or summarily. 2
(6) In this section-- 3
criminal conduct means the following-- 4
(a) the commission of an indictable offence; 5
(b) anything done or omitted to be done for the 6
purpose of the commission of an indictable 7
offence, including-- 8
(i) planning the offence; and 9
(ii) preparing for the offence; and 10
(iii) travelling to or from the place where 11
the offence is committed; and 12
(iv) concealing the offence; and 13
(v) disposing of anything used in the 14
course of, or obtained from, 15
committing the offence. 16
Clause 27 Insertion of new ch 5, pt 8 17
Chapter 5-- 18
insert-- 19
Part 8 Transitional provision 20
for Justice and Other 21
Legislation 22
Amendment Act 2014 23
86 Application of s 45 in relation to damages for 24
harm suffered in the course of criminal 25
conduct 26
To remove any doubt, it is declared that section 45, as 27
replaced by the Justice and Other Legislation 28
Amendment Act 2014, applies only in relation to harm 29
Page 25
Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 28]
suffered on or after the commencement by an offender 1
within the meaning of that section. 2
Part 8 Amendment of Civil 3
Proceedings Act 2011 4
Clause 28 Act amended 5
This part amends the Civil Proceedings Act 2011. 6
Clause 29 Amendment of s 16 (Amendment for new cause of action 7
or party) 8
Section 16(4)-- 9
omit, insert-- 10
(4) This section-- 11
(a) applies despite the Limitation of Actions Act 12
1974; and 13
(b) does not limit section 103H. 14
Clause 30 Amendment of s 17 (Interested person may become a 15
party and may be bound by outcome) 16
(1) Section 17-- 17
insert-- 18
(1A) However, this section does not apply to a 19
representative proceeding under part 13A. 20
(2) Section 17(1A) to (3)-- 21
renumber as section 17(2) to (4). 22
Page 26
Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 31]
Clause 31 Amendment of s 18 (Order binds persons who are 1
represented) 2
(1) Section 18-- 3
insert-- 4
(1A) However, this section does not apply to a 5
representative proceeding under part 13A. 6
(2) Section 18(1A) to (3)-- 7
renumber as section 18(2) to (4). 8
Clause 32 Amendment of s 88 (Enforcement against property of a 9
business) 10
Section 88(1)(a) and (b), `or style'-- 11
omit. 12
Clause 33 Amendment of s 89 (Variation of order in relation to a 13
business name) 14
Section 89(1), `or style'-- 15
omit. 16
Clause 34 Insertion of new pt 13A 17
After part 13-- 18
insert-- 19
Part 13A Representative 20
proceedings in 21
Supreme Court 22
Division 1 Preliminary 23
103A Definitions for pt 13A 24
In this part-- 25
Page 27
Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
court means the Supreme Court. 1
defendant means a person against whom relief is 2
sought in a representative proceeding. 3
group member means a member of a group of 4
persons on whose behalf a representative 5
proceeding has been commenced. 6
representative party means a person who 7
commences a representative proceeding. 8
representative proceeding means a proceeding 9
commenced under section 103B. 10
sub-group member means a person included in a 11
sub-group established under section 103M. 12
sub-group representative party means a person 13
appointed to be a sub-group representative party 14
under section 103M. 15
Division 2 Conduct of representative 16
proceedings 17
103B Starting proceeding 18
(1) A proceeding may be started under this part if-- 19
(a) 7 or more persons have claims against the 20
same person; and 21
(b) the claims of all the persons are in respect 22
of, or arise out of, the same, similar or 23
related circumstances; and 24
(c) the claims of all the persons give rise to a 25
substantial common issue of law or fact. 26
(2) The proceeding may be started by 1 or more of 27
the persons on behalf of some or all of the other 28
persons. 29
(3) The proceeding may be started-- 30
Page 28
Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
(a) whether or not the relief sought-- 1
(i) is, or includes, equitable relief; or 2
(ii) consists of, or includes, damages; or 3
(iii) includes claims for damages that would 4
require individual assessment; or 5
(iv) is the same for each person 6
represented; and 7
(b) whether or not the proceeding-- 8
(i) is concerned with separate contracts or 9
transactions between the defendant and 10
individual group members; or 11
(ii) involves separate acts or omissions of 12
the defendant done or omitted to be 13
done in relation to individual group 14
members. 15
103C Standing 16
(1) A person mentioned in section 103B(1)(a) has a 17
sufficient interest to commence a representative 18
proceeding against another person (the proposed 19
defendant) on behalf of other persons mentioned 20
in that section if the person has standing to 21
commence proceedings on the person's own 22
behalf against the proposed defendant. 23
(2) The person may commence a representative 24
proceeding on behalf of other persons against 25
more than 1 defendant, whether or not each of the 26
other persons have a claim against each of the 27
defendants in the proceeding. 28
(3) A person who has commenced a representative 29
proceeding retains standing to do the following 30
even if the person ceases to have a claim against 31
any or all defendants-- 32
(a) continue the proceeding; 33
Page 29
Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
(b) appeal against a decision in the proceeding. 1
103D Whether consent required to be a group 2
member 3
(1) Subject to subsection (2), the consent of a person 4
to be a group member is not required. 5
(2) Each of the following persons is a group member 6
only if the person gives consent in writing to be a 7
group member-- 8
(a) the Commonwealth or a State; 9
(b) a Minister of the Commonwealth or a State; 10
(c) a body corporate established for a public 11
purpose by a law of the Commonwealth or a 12
State, other than an incorporated company 13
or association; 14
(d) an officer of the Commonwealth or a State, 15
in his or her capacity as an officer. 16
103E Persons under a legal incapacity 17
(1) It is not necessary for a person under a legal 18
incapacity to have a litigation guardian merely in 19
order to be a group member. 20
(2) A group member who is a person under a legal 21
incapacity may only take a step in the 22
representative proceeding or conduct part of the 23
proceeding by the member's litigation guardian. 24
(3) In this section-- 25
person under a legal incapacity has the meaning 26
given by the Supreme Court of Queensland Act 27
1991. 28
Page 30
Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
103F Originating process 1
(1) The originating process in a representative 2
proceeding, or a document filed in support of the 3
originating process, must, in addition to any other 4
matters required-- 5
(a) describe or otherwise identify the group 6
members to whom the proceeding relates; 7
and 8
(b) state the nature of the claims made and relief 9
sought on behalf of the group members; and 10
(c) state the questions of law or fact common to 11
the claims of the group members. 12
(2) For describing or otherwise identifying the group 13
members under subsection (1)(a), it is not 14
necessary to name or state the number of the 15
group members. 16
103G Right of group member to opt out 17
(1) The court must fix a date on or before which a 18
group member may opt out of a representative 19
proceeding. 20
(2) A group member may opt out of the 21
representative proceeding by giving written 22
notice before the date fixed under subsection (1). 23
(3) On the application of a group member, the 24
representative party or the defendant, the court 25
may extend the period during which a group 26
member may, under subsection (2), opt out of the 27
representative proceeding. 28
(4) Except by leave of the court, the hearing of a 29
representative proceeding must not start earlier 30
than the date before which a group member may 31
opt out of the proceeding. 32
Page 31
Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
103H Cause of action accruing after representative 1
proceeding started 2
(1) At any stage of a representative proceeding, on 3
the application of the representative party, the 4
court may give leave to amend the originating 5
process starting the proceeding to change the 6
description of the group members. 7
(2) The description of the group members may be 8
changed to include a person-- 9
(a) whose cause of action accrued after the start 10
of the representative proceeding but before 11
the date fixed by the court when giving 12
leave; and 13
(b) who would have been a group member or, 14
with the consent of the person would have 15
been a group member, if the cause of action 16
had accrued before the proceeding was 17
started. 18
(3) The date mentioned in subsection (2)(a) may be 19
the date on which leave is given or another date 20
before or after that date. 21
(4) If the court gives leave under subsection (1), the 22
court may also make any other order it considers 23
just, including an order relating to the giving of 24
notice to persons who, as a result of the 25
amendment, will be included in the description of 26
group members for the representative 27
proceeding, and the date before which the 28
persons may opt out of the proceeding. 29
103I Less than 7 group members 30
If, at any stage of a representative proceeding, it 31
appears likely to the court that there are less than 7 32
group members, the court may, on the conditions it 33
considers appropriate-- 34
Page 32
Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
(a) order the proceeding be continued under this 1
part; or 2
(b) order that the proceeding no longer continue 3
under this part. 4
103J Distribution costs excessive 5
(1) This section applies if-- 6
(a) the relief sought in a representative 7
proceeding is or includes payment of money 8
to group members, other than for costs; and 9
(b) on application by the defendant, the court 10
considers it is likely that, if judgment were 11
to be given in favour of the representative 12
party, the cost to the defendant of 13
identifying the group members and 14
distributing to them the amounts ordered to 15
be paid to them would be excessive, having 16
regard to the likely total of those amounts. 17
(2) The court may, by order-- 18
(a) direct that the proceeding no longer 19
continue under this part; or 20
(b) stay the proceeding so far as it relates to 21
relief of the kind mentioned in subsection 22
(1)(a). 23
103K Discontinuance of proceeding in certain 24
circumstances 25
(1) The court may, on application by the defendant or 26
on its own initiative, order that a proceeding no 27
longer continue under this part if it considers it is 28
in the interests of justice to do so because-- 29
(a) the costs that would be incurred if the 30
proceeding were to continue as a 31
representative proceeding are likely to 32
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Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
exceed the costs that would be incurred if 1
each group member conducted a separate 2
proceeding; or 3
(b) all the relief sought can be obtained by 4
means of a proceeding other than a 5
representative proceeding under this part; or 6
(c) the representative proceeding will not 7
provide an efficient and effective means of 8
dealing with the claims of the group 9
members; or 10
(d) a representative party is not able to 11
adequately represent the interests of the 12
group members; or 13
(e) it is otherwise inappropriate that the claims 14
be pursued by means of a representative 15
proceeding. 16
(2) For subsection (1)(d), it is not inappropriate for 17
claims to be pursued by means of a representative 18
proceeding merely because the persons identified 19
as group members for the proceeding-- 20
(a) do not include all persons on whose behalf 21
the proceeding might have been brought; or 22
(b) are aggregated together for a particular 23
purpose including, for example, a litigation 24
funding arrangement. 25
(3) If the court dismisses an application under this 26
section, the court may order that no further 27
application under this section be made by the 28
defendant except with the leave of the court. 29
(4) For subsection (3), leave may be granted subject 30
to the conditions about costs the court considers 31
just. 32
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Justice and Other Legislation Amendment Bill 2014
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103L Effect of discontinuance order under this part 1
If the court makes an order under section 103I, 103J or 2
103K that a proceeding no longer continue under this 3
part-- 4
(a) the proceeding may be continued as a 5
proceeding by the representative party on 6
the party's own behalf against the 7
defendant; and 8
(b) on the application of a person who was a 9
group member for the proceeding, the court 10
may order that the person be joined as an 11
applicant or plaintiff in the continued 12
proceeding. 13
103M Where not all issues are common 14
(1) If it appears to the court that determination of the 15
issue or issues common to all group members 16
will not finally determine the claims of all group 17
members, the court may give directions in 18
relation to the determination of the remaining 19
issues. 20
(2) In the case of an issue common to the claims of 21
some only of the group members, the directions 22
given by the court may include directions 23
establishing a sub-group consisting of those 24
group members and appointing a person to be the 25
sub-group representative party for the sub-group 26
members. 27
(3) If the court appoints a person other than the 28
representative party to be a sub-group 29
representative party, that person, and not the 30
representative party, is liable for costs associated 31
with the determination of the issue or issues 32
common to the sub-group members. 33
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Justice and Other Legislation Amendment Bill 2014
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[s 34]
103N Individual issues 1
(1) In giving directions under section 103M, the 2
court may allow an individual group member to 3
appear in the proceeding for the purpose of 4
deciding an issue that relates only to the claims of 5
that member. 6
(2) If an individual group member is allowed to 7
appear under subsection (1), the individual group 8
member, and not the representative party, is liable 9
for costs associated with deciding the issue. 10
103O Directions for further proceedings 11
If an issue can not properly or conveniently be dealt 12
with by the court under section 103M or 103N, the 13
court may give directions for the starting and conduct 14
of other proceedings, whether or not the other 15
proceedings are representative proceedings. 16
103P Adequacy of representation 17
(1) If, on application by a group member, the court 18
considers that a representative party is not able 19
adequately to represent the interests of the group 20
members, the court may substitute another group 21
member as the representative party, and may 22
make any other orders in relation to the 23
substitution it considers appropriate. 24
(2) If, on application by a sub-group member, the 25
court considers that the sub-group representative 26
party is not able adequately to represent the 27
interests of the sub-group members, the court 28
may substitute another person as the sub-group 29
representative party and may make any other 30
orders in relation to the substitution it considers 31
appropriate. 32
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Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
103Q Stay of execution in particular circumstances 1
If a defendant commences a proceeding in the court 2
against a group member, the court may order a stay of 3
execution for any relief awarded to the group member 4
in the representative proceeding until the other 5
proceeding is decided. 6
103R Settlement and discontinuance 7
(1) A representative proceeding may not be settled or 8
discontinued without the approval of the court. 9
(2) If the court gives approval under subsection (1), it 10
may make any orders it considers just for the 11
distribution of money paid under a settlement or 12
paid into the court. 13
103S Settlement of individual claim of 14
representative party 15
(1) A representative party may, with the leave of the 16
court, settle the party's individual claim in whole 17
or part at any stage of the representative 18
proceeding. 19
(2) A representative party seeking leave to settle, or 20
who has settled, the party's individual claim may, 21
with leave of the court, withdraw as the 22
representative party. 23
(3) If a representative party seeks leave to withdraw 24
under subsection (2), the court may, on the 25
application of a group member, make an order for 26
the substitution of a group member as the 27
representative party, and may make any other 28
orders in relation to the substitution it considers 29
appropriate. 30
(4) Before a representative party may be granted 31
leave to withdraw under subsection (2)-- 32
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Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
(a) the court must be satisfied that notice of the 1
application has been given to group 2
members under section 103T in sufficient 3
time for a group member to apply under 4
subsection (3) to have another person 5
substituted as the representative party; and 6
(b) any application for the substitution of a 7
group member as representative party must 8
have been determined. 9
Division 3 Notices 10
103T When notice must be given 11
(1) Notice must be given to group members of the 12
following matters in relation to a representative 13
proceeding-- 14
(a) the starting of the proceeding and the right 15
of the group members to opt out of the 16
proceeding before the date fixed by the court 17
under section 103G; 18
(b) an application by the defendant for the 19
dismissal of the proceeding on the ground of 20
want of prosecution; 21
(c) an application by a representative party 22
seeking leave to withdraw under section 23
103S as representative party. 24
(2) The court may dispense with a requirement of 25
subsection (1) if the relief sought in the 26
proceeding does not include a claim for damages. 27
(3) If the court orders, notice must be given to group 28
members of the payment into court of money in 29
answer to a cause of action on which a claim in 30
the representative proceeding is found. 31
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Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
(4) Unless the court considers it just, an application 1
for approval of a settlement under section 103R 2
must not be decided unless notice has been given 3
to group members in the proceeding. 4
(5) The court may, at any stage, order that notice of 5
any matter be given to a group member or group 6
members. 7
(6) Notice under this section must be given as soon 8
as practicable after the happening of the event to 9
which it relates. 10
103U Notice requirements 11
(1) The form and content of a notice under section 12
103T must be approved by the court. 13
(2) The court must, by order, state-- 14
(a) who must give the notice; and 15
(b) the way in which the notice must be given. 16
(3) The order may also-- 17
(a) direct a party to provide information 18
relevant to the giving of the notice; and 19
(b) provide for the costs of giving notice. 20
(4) An order under subsection (2) may require notice 21
to be given by way of press advertisement, radio 22
or television broadcast, or any other means. 23
(5) The court must not order that notice be given 24
personally to each group member unless it 25
considers it is reasonably practicable and not 26
unduly expensive to do so. 27
(6) A notice about a matter for which the court's 28
leave or approval is required must state the period 29
within which a group member or other person 30
may apply to the court, or take some other step, 31
in relation to the matter. 32
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Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
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(7) A notice that includes or is about conditions must 1
state the conditions and period, if any, for 2
compliance. 3
(8) The failure of a group member to receive or 4
respond to a notice does not affect a step taken, 5
an order made, or a judgment given in a 6
proceeding. 7
Division 4 Powers of the court 8
103V Judgment 9
(1) The court may do any 1 or more of the following 10
in deciding a matter in a representative 11
proceeding-- 12
(a) decide an issue of law; 13
(b) decide an issue of fact; 14
(c) make a declaration of liability; 15
(d) grant equitable relief; 16
(e) make an award of damages for group 17
members, sub-group members or individual 18
group members, consisting of stated 19
amounts or amounts worked out in a stated 20
way; 21
(f) award damages in an aggregate amount 22
without stating amounts awarded in respect 23
of individual group members; 24
(g) make any other order the court considers 25
just. 26
(2) In making an order for an award of damages, the 27
court must provide for the payment or 28
distribution of the money to the group members 29
entitled. 30
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Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
(3) Subject to section 103R, the court must not make 1
an award of damages under subsection (1)(f) 2
unless a reasonably accurate assessment can be 3
made of the total amount to which group 4
members are entitled under the judgment. 5
(4) If the court makes an order for the award of 6
damages, the court may give any directions it 7
considers just in relation to the way in which-- 8
(a) a group member must establish the 9
member's entitlement to share in the 10
damages; and 11
(b) any dispute regarding the entitlement of a 12
group member to share in the damages must 13
be determined. 14
103W Constitution etc. of fund 15
(1) Without limiting section 103V(2), in providing 16
for the distribution of money to group members, 17
the court may provide for-- 18
(a) the constitution and administration of a fund 19
consisting of the money to be distributed; 20
and 21
(b) either-- 22
(i) the payment by the defendant of a fixed 23
sum of money into the fund; or 24
(ii) the payment by the defendant into the 25
fund of instalments, on the conditions 26
the court considers appropriate, to meet 27
the claims of group members; and 28
(c) entitlements to interest earned on the money 29
in the fund. 30
(2) The costs of administering the fund are to be 31
borne by the fund or the defendant, as the court 32
directs. 33
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Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
(3) If the court orders the constitution of a fund 1
under subsection (1), the order must-- 2
(a) require notice to be given to group members 3
in the way stated in the order; and 4
(b) state the way in which a group member must 5
make a claim for payment from the fund and 6
establish the member's entitlement to the 7
payment; and 8
(c) state a day at least 6 months after the day on 9
which the order is made, on or before which 10
the group members must make a claim for 11
payment from the fund; and 12
(d) provide for the day on or before which the 13
fund must be distributed to group members 14
who have established an entitlement to be 15
paid from the fund. 16
(4) The court may, if it considers it just, allow a 17
group member to make a claim after the day 18
stated under subsection (3)(c) if the fund has not 19
been fully distributed. 20
(5) On application by the defendant after the day 21
stated under subsection (3)(d), the court may 22
make the orders it considers just for the payment 23
from the fund to the defendant of the money 24
remaining in the fund. 25
103X Effect of judgment 26
A judgment given in a representative proceeding-- 27
(a) must describe or otherwise identify the 28
group members affected by it; and 29
(b) binds the group members described, other 30
than a person who has opted out of the 31
proceeding under section 103G. 32
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Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
Division 5 Appeals 1
103Y Appeals 2
(1) The following appeals from a judgment of the 3
court under this part may be brought under the 4
Supreme Court of Queensland Act 1991, section 5
62 as a representative proceeding-- 6
(a) an appeal by the representative party on 7
behalf of group members in respect of the 8
judgment to the extent it relates to issues 9
common to the claims of the group 10
members; 11
(b) an appeal by a sub-group representative 12
party on behalf of sub-group members in 13
respect of the judgment to the extent it 14
relates to issues common to the claims of the 15
sub-group members. 16
(2) The parties to an appeal mentioned in subsection 17
(1)(a) are the representative party, as the 18
representative of the group members, and the 19
defendant. 20
(3) The parties to an appeal referred to in subsection 21
(1)(b) are the sub-group representative party, as 22
the representative of the sub-group members, and 23
the defendant. 24
(4) On an appeal by the defendant in a representative 25
proceeding other than a proceeding mentioned in 26
subsection (5), the parties to the appeal are-- 27
(a) for an appeal in respect of the judgment 28
generally--the defendant and the 29
representative party as the representative of 30
the group members; and 31
(b) in the case of an appeal in respect of the 32
judgment to the extent it relates to issues 33
common to the claims of sub-group 34
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Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
members--the defendant and the sub-group 1
representative party as the representative of 2
the sub-group members. 3
(5) The parties to an appeal in respect of the 4
determination of an issue relating only to the 5
claim of an individual group member are the 6
group member and the defendant. 7
(6) If the representative party or sub-group 8
representative party does not bring an appeal 9
within the time provided for instituting appeals, 10
another member of the group or sub-group may, 11
within a further 21 days, bring an appeal on 12
behalf of the group members or sub-group 13
members. 14
(7) If an appeal is brought from the judgment of the 15
court in a representative proceeding, the Court of 16
Appeal may direct that notice of the appeal be 17
given to such person or persons, and in the way, 18
the Court of Appeal considers appropriate. 19
(8) This part, other than section 103G, applies to 20
appeal proceedings brought under this section 21
despite any other Act or law. 22
(9) The notice instituting an appeal in relation to 23
issues that are common to the claims of group 24
members or sub-group members must describe or 25
otherwise identify the group members or 26
sub-group members, but need not specify the 27
names or number of those members. 28
Division 6 Miscellaneous 29
103Z Suspension of limitation periods 30
(1) On the starting of a representative proceeding, 31
the running of any limitation period applying to 32
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Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 34]
the claim of a group member to which the 1
proceeding relates is suspended. 2
(2) The limitation period does not start running again 3
unless either-- 4
(a) the member opts out of the proceeding 5
under section 103G; or 6
(b) the proceeding, and any appeal from the 7
proceeding, is decided without finally 8
disposing of the member's claim. 9
(3) This section applies despite anything in the 10
Limitation of Actions Act 1974 or any other law. 11
103ZA General power of court to make orders 12
(1) In any proceeding including an appeal conducted 13
under this part, the court may, on its own 14
initiative or on application by a party or group 15
member, make any order the court considers 16
appropriate or necessary to ensure justice is done 17
in the proceeding. 18
(2) This section does not limit section 13. 19
103ZB Costs 20
In a representative proceeding, the court-- 21
(a) may order the plaintiff or defendant to pay 22
costs; and 23
(b) may not order a group member or sub-group 24
member to pay costs, other than under 25
section 103M or 103N. 26
103ZC Reimbursement of representative party's 27
costs 28
(1) If the court makes an award of damages in a 29
representative proceeding, any person who is or 30
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Justice and Other Legislation Amendment Bill 2014
Part 8 Amendment of Civil Proceedings Act 2011
[s 35]
was a representative party or a sub-group 1
representative party in the proceeding may apply 2
to the court for an order under this section. 3
(2) If, on an application under this section, the court 4
is satisfied the costs reasonably incurred in 5
relation to the representative proceeding by the 6
applicant are likely to exceed the costs 7
recoverable by the person from the defendant, the 8
court may order an amount equal to the whole or 9
part of the excess be paid to that person out of the 10
damages awarded. 11
(3) On an application under this section, the court 12
may also make any other order it considers just. 13
Clause 35 Insertion of new pt 16 14
After part 15-- 15
insert-- 16
Part 16 Transitional provision 17
for Justice and Other 18
Legislation 19
Amendment Act 2014 20
111 Application of pt 13A 21
(1) Part 13A applies only to a proceeding started on 22
or after the commencement. 23
(2) The proceeding may be started even if the cause 24
of action the subject of the proceeding arose 25
before the commencement. 26
Clause 36 Amendment of sch 1 (Dictionary) 27
(1) Schedule 1, definition court-- 28
omit. 29
Page 46
Justice and Other Legislation Amendment Bill 2014
Part 9 Amendment of Coroners Act 2003
[s 37]
(2) Schedule 1-- 1
insert-- 2
court-- 3
(a) for part 13A--see section 103A; and 4
(b) otherwise--see section 5. 5
defendant, for part 13A, see section 103A. 6
group member, for part 13A, see section 103A. 7
representative party, for part 13A, see section 8
103A. 9
representative proceeding, for part 13A, see 10
section 103A. 11
sub-group member, for part 13A, see section 12
103A. 13
sub-group representative party, for part 13A, see 14
section 103A. 15
Part 9 Amendment of Coroners Act 16
2003 17
Clause 37 Act amended 18
This part amends the Coroners Act 2003. 19
Clause 38 Amendment of s 29 (When inquest must not be held or 20
continued) 21
Section 29, before `offence'-- 22
insert-- 23
indictable 24
Page 47
Justice and Other Legislation Amendment Bill 2014
Part 9 Amendment of Coroners Act 2003
[s 39]
Clause 39 Insertion of new pt 6, div 5 1
Part 6-- 2
insert-- 3
Division 5 Transitional provision for 4
Justice and Other 5
Legislation Amendment 6
Act 2014 7
116 Application of s 29 8
(1) This section applies if-- 9
(a) a coroner is informed that someone has been 10
charged with an offence as mentioned in 11
section 29 (previous section 29) as in force 12
before the commencement, other than an 13
indictable offence; and 14
(b) because of the information, the coroner-- 15
(i) has not started an inquest under 16
previous section 29(2); or 17
(ii) has adjourned an inquest under 18
previous section 29(3)(a); and 19
(c) on the commencement, the inquest has not 20
been started, resumed or closed. 21
(2) On the commencement, the coroner may start or 22
resume the inquest as if previous section 29 does 23
not apply, and has never applied, in relation to the 24
inquest. 25
Page 48
Justice and Other Legislation Amendment Bill 2014
Part 10 Amendment of Corporations (Administrative Actions) Act 2001
[s 40]
Part 10 Amendment of Corporations 1
(Administrative Actions) Act 2
2001 3
Clause 40 Act amended 4
This part amends the Corporations (Administrative Actions) 5
Act 2001. 6
Clause 41 Amendment of s 3 (Definitions) 7
Section 3, definition relevant State Act, paragraphs (b) to (f), after 8
`the'-- 9
insert-- 10
repealed 11
Part 11 Amendment of Corrective 12
Services Act 2006 13
Clause 42 Act amended 14
This part amends the Corrective Services Act 2006. 15
Clause 43 Insertion of new s 48A 16
After section 48-- 17
insert-- 18
48A Prisoner must not send distressing or 19
traumatic correspondence to victim 20
(1) This section applies to a prisoner who is detained 21
for an offence committed or alleged to have been 22
committed against a victim. 23
Page 49
Justice and Other Legislation Amendment Bill 2014
Part 12 Amendment of Court Funds Act 1973
[s 44]
(2) The prisoner must not send, or attempt to send, 1
correspondence to the victim, or a related person 2
of the victim, if the prisoner knows, or ought 3
reasonably to know, the correspondence contains 4
material that is distressing or traumatic for the 5
victim or related person. 6
Maximum penalty--6 months imprisonment. 7
(3) For subsection (2)-- 8
(a) material is distressing or traumatic for a 9
person if the material is reasonably likely, in 10
all the circumstances, to cause the person to 11
suffer distress or trauma; and 12
(b) it does not matter whether the prisoner 13
intended to cause the person to suffer 14
distress or trauma. 15
(4) In this section-- 16
correspondence includes-- 17
(a) a letter, facsimile or email; or 18
(b) a document or other thing enclosed in, or 19
attached to, a letter, facsimile or email. 20
related person, of a victim, means a family 21
member or dependant of the victim. 22
send includes have another person send. 23
Part 12 Amendment of Court Funds 24
Act 1973 25
Clause 44 Act amended 26
This part amends the Court Funds Act 1973. 27
Page 50
Justice and Other Legislation Amendment Bill 2014
Part 13 Amendment of Criminal Code
[s 45]
Clause 45 Amendment of long title 1
Long title, from `to amend' to `District Court,'-- 2
insert-- 3
to provide for the custody and investment of money 4
paid into the Supreme Court, District Court and 5
Magistrates Courts, 6
Clause 46 Amendment of s 4 (Definitions) 7
Section 4, definition court, `or a District Court or Magistrates 8
Court'-- 9
omit, insert-- 10
, District Court or a Magistrates Court 11
Part 13 Amendment of Criminal Code 12
Clause 47 Code amended 13
This part amends the Criminal Code. 14
Clause 48 Amendment of s 236 (Misconduct with regard to corpses) 15
Section 236, from `misdemeanour'-- 16
omit, insert-- 17
crime, and is liable to imprisonment for 5 years. 18
Clause 49 Amendment of s 552I (Procedure under section 552B) 19
(1) Section 552I-- 20
insert-- 21
(3A) If there is more than 1 charge before the 22
Magistrates Court, a plea to any number of 23
Page 51
Justice and Other Legislation Amendment Bill 2014
Part 14 Amendment of Criminal Proceeds Confiscation Act 2002
[s 50]
charges may, with the consent of the defendant, 1
be taken at one and the same time on the basis 2
that the plea to 1 charge will be treated as a plea 3
to any number of charges if the court is 4
satisfied-- 5
(a) the defendant is legally represented and has 6
obtained legal advice in relation to each of 7
the charges; and 8
(b) the defendant is aware of the substance of 9
each of the charges. 10
(3B) If the court takes a plea under subsection (4), the 11
court is not required to state the substance of any 12
charge before the court to the defendant. 13
(2) Section 552I(3A) to (7)-- 14
renumber as section 552I(4) to (9) 15
Part 14 Amendment of Criminal 16
Proceeds Confiscation Act 17
2002 18
Clause 50 Act amended 19
This part amends the Criminal Proceeds Confiscation Act 20
2002. 21
Clause 51 Replacement of s 52 (Contravention of restraining order) 22
Section 52-- 23
omit, insert-- 24
Page 52
Justice and Other Legislation Amendment Bill 2014
Part 14 Amendment of Criminal Proceeds Confiscation Act 2002
[s 51]
52 Contravention of restraining order 1
(1) A person who does an act or makes an omission 2
in relation to restrained property in contravention 3
of the restraining order commits a crime. 4
Maximum penalty-- 5
(a) for a financial institution--2500 penalty 6
units or the value of the restrained property, 7
whichever is the higher amount; or 8
(b) otherwise-- 9
(i) 1000 penalty units or the value of the 10
restrained property, whichever is the 11
higher amount; or 12
(ii) 7 years imprisonment. 13
(2) It is a defence to a charge of an offence against 14
subsection (1) for the person to prove that the 15
person had no notice that the property was 16
restrained under a restraining order and no reason 17
to suspect it was. 18
(3) However, the defence under subsection (2) is not 19
available to the extent that the restrained property 20
is-- 21
(a) a motor vehicle, boat or outboard motor that 22
is the subject of a restraining order 23
registered under the Personal Property 24
Securities Act 2009 (Cwlth); or 25
(b) land over which a caveat is registered for the 26
restraining order under section 51(5). 27
(4) Subsection (1) does not prevent the prosecution 28
and punishment of a person who does an act or 29
makes an omission mentioned in that subsection 30
for contempt of court or another offence under 31
this Act or another Act. 32
(5) A dealing with property in contravention of 33
subsection (1) is void unless-- 34
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Justice and Other Legislation Amendment Bill 2014
Part 14 Amendment of Criminal Proceeds Confiscation Act 2002
[s 52]
(a) the dealing was done in favour of an 1
innocent party; and 2
(b) the innocent party did not know, or could 3
not be reasonably expected to have known, 4
that the property was restrained under a 5
restraining order; and 6
(c) the innocent party acted in good faith; and 7
(d) the innocent party provided sufficient 8
consideration for the dealing. 9
(6) Subsection (5) applies whether or not any person 10
is convicted of an offence in relation to the 11
restraining order. 12
Clause 52 Replacement of s 60 (Dealing with forfeited property 13
prohibited) 14
Section 60-- 15
omit, insert-- 16
60 Dealing with forfeited property prohibited 17
(1) A person who does an act or makes an omission 18
in relation to property that is the subject of a 19
forfeiture order that directly or indirectly defeats 20
the operation of the forfeiture order commits a 21
crime. 22
Maximum penalty-- 23
(a) for a financial institution--2500 penalty 24
units or the value of the forfeited property, 25
whichever is the higher amount; or 26
(b) otherwise-- 27
(i) 1000 penalty units or the value of the 28
forfeited property, whichever is the 29
higher amount; or 30
(ii) 7 years imprisonment. 31
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Justice and Other Legislation Amendment Bill 2014
Part 14 Amendment of Criminal Proceeds Confiscation Act 2002
[s 52]
(2) It is a defence to a charge of an offence against 1
subsection (1) for the person to prove that the 2
person had no notice that the property was the 3
subject of a forfeiture order and no reason to 4
suspect it was. 5
(3) However, the defence under subsection (2) is not 6
available to the extent that the property is-- 7
(a) a motor vehicle, boat or outboard motor that 8
is the subject of a forfeiture order registered 9
under the Personal Property Securities Act 10
2009 (Cwlth); or 11
(b) land over which a caveat about the order is 12
registered under the Land Title Act 1994. 13
(4) Subsection (1) does not prevent the prosecution 14
and punishment of a person who does an act or 15
makes an omission mentioned in that subsection 16
for contempt of court or another offence under 17
this Act or another Act. 18
(5) A dealing with property in contravention of 19
subsection (1) is void unless-- 20
(a) the dealing was done in favour of an 21
innocent party; and 22
(b) the innocent party did not know, or could 23
not be reasonably expected to have known, 24
that the property was forfeited under a 25
forfeiture order; and 26
(c) the innocent party acted in good faith; and 27
(d) the innocent party provided sufficient 28
consideration for the dealing. 29
(6) Subsection (5) applies whether or not any person 30
is convicted of an offence in relation to the 31
forfeiture order. 32
Page 55
Justice and Other Legislation Amendment Bill 2014
Part 14 Amendment of Criminal Proceeds Confiscation Act 2002
[s 53]
Clause 53 Replacement of s 93ZT (Contravention of restraining 1
order) 2
Section 93ZT-- 3
omit, insert-- 4
93ZT Contravention of restraining order 5
(1) A person who does an act or makes an omission 6
in relation to restrained property in contravention 7
of the restraining order commits a crime. 8
Maximum penalty-- 9
(a) for a financial institution--2500 penalty 10
units or the value of the restrained property, 11
whichever is the higher amount; or 12
(b) otherwise-- 13
(i) 1000 penalty units or the value of the 14
restrained property, whichever is the 15
higher amount; or 16
(ii) 7 years imprisonment. 17
(2) It is a defence to a charge of an offence against 18
subsection (1) for the person to prove that the 19
person had no notice that the property was 20
restrained under a restraining order and no reason 21
to suspect it was. 22
(3) However, the defence under subsection (2) is not 23
available to the extent that the restrained property 24
is-- 25
(a) a motor vehicle, boat or outboard motor that 26
is the subject of a restraining order 27
registered under the Personal Property 28
Securities Act 2009 (Cwlth); or 29
(b) land over which a caveat is registered for the 30
restraining order under section 93ZS(5). 31
(4) Subsection (1) does not prevent the prosecution 32
and punishment of a person who does an act or 33
makes an omission mentioned in that subsection 34
Page 56
Justice and Other Legislation Amendment Bill 2014
Part 14 Amendment of Criminal Proceeds Confiscation Act 2002
[s 54]
for contempt of court or another offence under 1
this Act or another Act. 2
(5) A dealing with property in contravention of 3
subsection (1) is void unless-- 4
(a) the dealing was done in favour of an 5
innocent party; and 6
(b) the innocent party did not know, or could 7
not be reasonably expected to have known, 8
that the property was restrained under a 9
restraining order; and 10
(c) the innocent party acted in good faith; and 11
(d) the innocent party provided sufficient 12
consideration for the dealing. 13
(6) Subsection (5) applies whether or not any person 14
is convicted of an offence in relation to the 15
restraining order. 16
Clause 54 Amendment of s 93ZZB (Making of serious drug offender 17
confiscation order) 18
(1) Section 93ZZB(3)-- 19
insert-- 20
Example-- 21
If the Supreme Court has made an unexplained wealth 22
order against a person because the court was reasonably 23
satisfied the person had engaged in at least 1 serious 24
crime related activity because the person was convicted 25
of the offence of trafficking in dangerous drugs, the 26
court may not make a serious drug offender confiscation 27
order because of the same conviction. 28
(2) Section 93ZZB(4) to (6)-- 29
renumber as section 93ZZB(5) to (7) 30
(3) Section 93ZZB-- 31
insert-- 32
Page 57
Justice and Other Legislation Amendment Bill 2014
Part 14 Amendment of Criminal Proceeds Confiscation Act 2002
[s 55]
(4) Subsection (3) does not limit the amount of 1
property that may be forfeited to the State under a 2
serious drug offender confiscation order. 3
(4) Section 93ZZB(7) as renumbered, `(5)'-- 4
omit, insert-- 5
(6) 6
Clause 55 Replacement of s 93ZZH (Dealing with forfeited property 7
prohibited) 8
Section 93ZZH-- 9
omit, insert-- 10
93ZZH Dealing with property forfeited under 11
serious drug offender confiscation order 12
prohibited 13
(1) A person who does an act or makes an omission 14
in relation to property forfeited under a serious 15
drug offender confiscation order that directly or 16
indirectly defeats the operation of the order 17
commits a crime. 18
Maximum penalty-- 19
(a) for a financial institution--2500 penalty 20
units or the value of the forfeited property, 21
whichever is the higher amount; or 22
(b) otherwise-- 23
(i) 1000 penalty units or the value of the 24
forfeited property, whichever is the 25
higher amount; or 26
(ii) 7 years imprisonment. 27
(2) It is a defence to a charge of an offence against 28
subsection (1) for the person to prove that the 29
person had no notice that the property was 30
forfeited under a serious drug offender 31
confiscation order and no reason to suspect it 32
was. 33
Page 58
Justice and Other Legislation Amendment Bill 2014
Part 14 Amendment of Criminal Proceeds Confiscation Act 2002
[s 56]
(3) However, the defence under subsection (2) is not 1
available to the extent that the property is-- 2
(a) a motor vehicle, boat or outboard motor that 3
is the subject of a serious drug offender 4
confiscation order registered under the 5
Personal Property Securities Act 2009 6
(Cwlth); or 7
(b) land over which a caveat about the order is 8
registered under the Land Title Act 1994. 9
(4) Subsection (1) does not prevent the prosecution 10
and punishment of a person who does an act or 11
makes an omission mentioned in that subsection 12
for contempt of court or another offence under 13
this Act or another Act. 14
(5) A dealing with property in contravention of 15
subsection (1) is void unless-- 16
(a) the dealing was done in favour of an 17
innocent party; and 18
(b) the innocent party did not know, or could 19
not be reasonably expected to have known, 20
that the property was the subject of a serious 21
drug offender confiscation order; and 22
(c) the innocent party acted in good faith; and 23
(d) the innocent party provided sufficient 24
consideration for the dealing. 25
(6) Subsection (5) applies whether or not any person 26
is convicted of an offence in relation to the 27
serious drug offender confiscation order. 28
Clause 56 Replacement of s 143 (Contravention of restraining 29
order) 30
Section 143-- 31
omit, insert-- 32
Page 59
Justice and Other Legislation Amendment Bill 2014
Part 14 Amendment of Criminal Proceeds Confiscation Act 2002
[s 56]
143 Contravention of restraining order 1
(1) A person who does an act or makes an omission 2
in relation to restrained property in contravention 3
of the restraining order commits a crime. 4
Maximum penalty-- 5
(a) for a financial institution--2500 penalty 6
units or the value of the restrained property, 7
whichever is the higher amount; or 8
(b) otherwise-- 9
(i) 1000 penalty units or the value of the 10
restrained property, whichever is the 11
higher amount; or 12
(ii) 7 years imprisonment. 13
(2) It is a defence to a charge of an offence against 14
subsection (1) for the person to prove that the 15
person had no notice that the property was 16
restrained under a restraining order and no reason 17
to suspect it was. 18
(3) However, the defence under subsection (2) is not 19
available to the extent that the restrained property 20
is-- 21
(a) a motor vehicle, boat or outboard motor that 22
is the subject of a restraining order 23
registered under the Personal Property 24
Securities Act 2009 (Cwlth); or 25
(b) land over which a caveat is registered for the 26
restraining order under section 142(5). 27
(4) Subsection (1) does not prevent the prosecution 28
and punishment of a person who does an act or 29
makes an omission mentioned in that subsection 30
for contempt of court or another offence under 31
this Act or another Act. 32
(5) A dealing with property in contravention of 33
subsection (1) is void unless-- 34
Page 60
Justice and Other Legislation Amendment Bill 2014
Part 14 Amendment of Criminal Proceeds Confiscation Act 2002
[s 57]
(a) the dealing was done in favour of an 1
innocent party; and 2
(b) the innocent party did not know, or could 3
not be reasonably expected to have known, 4
that the property was restrained under a 5
restraining order; and 6
(c) the innocent party acted in good faith; and 7
(d) the innocent party provided sufficient 8
consideration for the dealing. 9
(6) Subsection (5) applies whether or not any person 10
is convicted of an offence in relation to the 11
restraining order. 12
Clause 57 Replacement of s 171 (Dealing with forfeited property 13
prohibited) 14
Section 171-- 15
omit, insert-- 16
171 Dealing with forfeited property prohibited 17
(1) A person who does an act or makes an omission 18
in relation to property that is the subject of a 19
forfeiture order that directly or indirectly defeats 20
the operation of the forfeiture order commits a 21
crime. 22
Maximum penalty-- 23
(a) for a financial institution--2500 penalty 24
units or the value of the forfeited property, 25
whichever is the higher amount; or 26
(b) otherwise-- 27
(i) 1000 penalty units or the value of the 28
forfeited property, whichever is the 29
higher amount; or 30
(ii) 7 years imprisonment. 31
Page 61
Justice and Other Legislation Amendment Bill 2014
Part 14 Amendment of Criminal Proceeds Confiscation Act 2002
[s 57]
(2) It is a defence to a charge of an offence against 1
subsection (1) for the person to prove that the 2
person had no notice that the property was the 3
subject of a forfeiture order and no reason to 4
suspect it was. 5
(3) However, the defence under subsection (2) is not 6
available to the extent that the property is-- 7
(a) a motor vehicle, boat or outboard motor that 8
is the subject of a forfeiture order registered 9
under the Personal Property Securities Act 10
2009 (Cwlth); or 11
(b) land over which a caveat about the order is 12
registered under the Land Title Act 1994. 13
(4) Subsection (1) does not prevent the prosecution 14
and punishment of a person who does an act or 15
makes an omission mentioned in that subsection 16
for contempt of court or another offence under 17
this Act or another Act. 18
(5) A dealing with property in contravention of 19
subsection (1) is void unless-- 20
(a) the dealing was done in favour of an 21
innocent party; and 22
(b) the innocent party did not know, or could 23
not be reasonably expected to have known, 24
that the property was forfeited under a 25
forfeiture order; and 26
(c) the innocent party acted in good faith; and 27
(d) the innocent party provided sufficient 28
consideration for the dealing. 29
(6) Subsection (5) applies whether or not any person 30
is convicted of an offence in relation to the 31
forfeiture order. 32
Page 62
Justice and Other Legislation Amendment Bill 2014
Part 14 Amendment of Criminal Proceeds Confiscation Act 2002
[s 58]
Clause 58 Amendment of s 249 (Communication of information by 1
financial institutions to particular officers) 2
(1) Section 249(1)(a)-- 3
insert-- 4
(iii) a matter for which an order may be 5
made under chapter 2A; or 6
(2) Section 249(3)-- 7
omit, insert-- 8
(3) If the information relates to-- 9
(a) an investigation of a serious crime related 10
activity or another matter for which an order 11
may be made under chapter 2; or 12
(b) a matter for which an order may be made 13
under chapter 2A; 14
the institution may give the information to a 15
commission officer. 16
Clause 59 Insertion of new ch 12, pt 5 17
After section 294-- 18
insert-- 19
Part 5 Transitional provisions 20
for Justice and Other 21
Legislation 22
Amendment Act 2014 23
295 Transitional provision for ss 52, 93ZT and 143 24
A reference in sections 52, 93ZT and 143 to restrained 25
property or a restraining order is a reference to 26
property restrained or a restraining order made, 27
whether before or after the commencement. 28
Page 63
Justice and Other Legislation Amendment Bill 2014
Part 15 Amendment of Drugs Misuse Act 1986
[s 60]
296 Transitional provision for ss 60 and 171 1
A reference in sections 60 and 171 to forfeited 2
property or a forfeiture order is a reference to property 3
forfeited or a forfeiture order made, whether before or 4
after the commencement. 5
297 Transitional provision for s 93ZZH 6
A reference in section 93ZZH to forfeited property or 7
a serious drug offender confiscation order is a 8
reference to property forfeited or a serious drug 9
offender confiscation order made, whether before or 10
after the commencement. 11
Clause 60 Amendment of sch 6 (Dictionary) 12
Schedule 6, definition applicant, paragraph (c), `chapter 4'-- 13
omit, insert-- 14
chapter 3 15
Part 15 Amendment of Drugs Misuse 16
Act 1986 17
Clause 61 Act amended 18
This part amends the Drugs Misuse Act 1986. 19
Clause 62 Amendment of s 6 (Supplying dangerous drugs) 20
Section 6(2)(e)-- 21
insert-- 22
Note-- 23
The Penalties and Sentences Act 1992, section 9(11A) 24
to (11D) provides that the court, in sentencing an 25
Page 64
Justice and Other Legislation Amendment Bill 2014
Part 15 Amendment of Drugs Misuse Act 1986
[s 63]
offender for the offence of supplying a dangerous drug 1
where a person used or was administered the drug and 2
died and the death was partly or wholly caused by the 3
drug, must consider those circumstances as an 4
aggravating factor and must have regard primarily to 5
section 9(3) of that Act. 6
Clause 63 Amendment of s 128 (Analyst's certificate) 7
(1) Section 128(1), `made by the analyst'-- 8
omit. 9
(2) Section 128(1)-- 10
insert-- 11
(d) the laboratory at which the thing was 12
analysed or examined; 13
(e) that the analyst examined the laboratory's 14
records about the analysis or examination of 15
the thing, including any examination or 16
analysis that was done by someone other 17
than the analyst; 18
Clause 64 Insertion of new pt 7, div 10 19
After section 145-- 20
insert-- 21
Division 10 Provision for Justice and 22
Other Legislation 23
Amendment Act 2014 24
146 Validation of analysts' certificates signed 25
before commencement 26
(1) This section applies to a certificate signed by an 27
analyst under section 128 before the 28
commencement. 29
Page 65
Justice and Other Legislation Amendment Bill 2014
Part 16 Amendment of Electoral Act 1992
[s 65]
(2) The certificate is taken to be, and always to have 1
been, as valid and effective as it would have been 2
if it were signed after the commencement. 3
Part 16 Amendment of Electoral Act 4
1992 5
Clause 65 Act amended 6
This part amends the Electoral Act 1992. 7
Clause 66 Amendment of s 120 (Electoral visitor voting) 8
Section 120(1), from `by writing' to `delivered'-- 9
omit, insert-- 10
in an approved form given 11
Clause 67 Replacement of s 192 (Failure to post, fax or deliver 12
documents for someone else) 13
Section 192 14
omit, insert-- 15
192 Failure to give the commission or returning 16
officer a request 17
If a person is given a request in the approved form 18
under section 119 or 120 to give to the commission or 19
a returning officer, the person must promptly give the 20
request to the commission or returning officer. 21
Maximum penalty--20 penalty units or 6 months 22
imprisonment. 23
Page 66
Justice and Other Legislation Amendment Bill 2014
Part 17 Amendment of Evidence Act 1977
[s 68]
Part 17 Amendment of Evidence Act 1
1977 2
Clause 68 Act amended 3
This part amends the Evidence Act 1977. 4
Clause 69 Amendment of s 95A (DNA evidentiary certificate) 5
(1) Section 95A-- 6
insert-- 7
(1A) However, subsections (4), (5), (8) and (9) do not 8
apply to a proceeding that is an examination of 9
witnesses in relation to an indictable offence. 10
(2) Section 95A(3)-- 11
omit, insert-- 12
(3) If a party intends to rely on the certificate (the 13
relying party), the relying party must, at least 10 14
business days before the hearing day, give a copy 15
of the certificate to each other party. 16
(3A) If, at least 5 business days before the hearing day, 17
a party other than the relying party gives a written 18
notice to each other party that it requires the 19
DNA analyst to give evidence, the relying party 20
must call the DNA analyst to give evidence at the 21
hearing. 22
(3) Section 95A(5), `3 business'-- 23
omit, insert-- 24
5 business 25
(4) Section 95A(1A) to (9)-- 26
renumber as section 95A(2) to (11). 27
Page 67
Justice and Other Legislation Amendment Bill 2014
Part 18 Amendment of Industrial Relations Act 1999
[s 70]
Clause 70 Insertion of new pt 9, div 6 1
After section 146-- 2
insert-- 3
Division 6 Justice and Other 4
Legislation Amendment 5
Act 2014 6
147 Application of amendments to DNA 7
evidentiary certificate provision 8
Section 95A, as amended by the Justice and Other 9
Legislation Amendment Act 2014, applies to a criminal 10
proceeding, whether the proceeding started before, on 11
or after the commencement. 12
Part 18 Amendment of Industrial 13
Relations Act 1999 14
Clause 71 Act amended 15
This part amends the Industrial Relations Act 1999. 16
Clause 72 Amendment of s 299 (Functions and powers of registrar) 17
Section 299(3)(b), `vice-president'-- 18
omit, insert-- 19
president 20
Clause 73 Amendment of s 692A (Definitions for this part) 21
Section 692A, definitions federal industrial authority and federal 22
industrial authority manager, `FWA'-- 23
omit, insert-- 24
Page 68
Justice and Other Legislation Amendment Bill 2014
Part 19 Amendment of Justices Act 1886
[s 74]
FWC 1
Clause 74 Amendment of sch 5 (Dictionary) 2
(1) Schedule 5, definition Australian commission, `FWA'-- 3
omit, insert-- 4
FWC 5
(2) Schedule 5, definition FWA-- 6
omit, insert-- 7
FWC means the Fair Work Commission under 8
the Commonwealth Act. 9
Part 19 Amendment of Justices Act 10
1886 11
Clause 75 Act amended 12
This part amends the Justices Act 1886. 13
Clause 76 Amendment of s 145 (Defendant to be asked to plead) 14
(1) Section 145-- 15
insert-- 16
(1A) If there is more than 1 complaint before the 17
Magistrates Court, a plea to any number of 18
complaints may, with the consent of the 19
defendant, be taken at one and the same time on 20
the basis that the plea to 1 complaint will be 21
treated as a plea to any number of complaints if 22
the court is satisfied-- 23
Page 69
Justice and Other Legislation Amendment Bill 2014
Part 20 Amendment of Legal Profession Act 2007
[s 77]
(a) the defendant is legally represented and has 1
obtained legal advice in relation to each of 2
the complaints; and 3
(b) the defendant is aware of the substance of 4
each of the complaints. 5
(1B) If the court takes a plea under subsection (2), the 6
court is not required to state the substance of any 7
complaint before the court to the defendant. 8
(2) Section 145(1A) to (2)-- 9
renumber as section 145(2) to (4). 10
Part 20 Amendment of Legal 11
Profession Act 2007 12
Clause 77 Act amended 13
This part amends the Legal Profession Act 2007. 14
Clause 78 Amendment of s 9 (Suitability matters) 15
(1) Section 9(1)-- 16
insert-- 17
(ba) whether the person is, or has been, a legal 18
practitioner director of an incorporated legal 19
practice while the practice is or was an 20
externally-administered body corporate 21
under the Corporations Act; 22
(2) Section 9(1)(ba) to (n)-- 23
renumber as section 9(1)(c) to (o). 24
Page 70
Justice and Other Legislation Amendment Bill 2014
Part 20 Amendment of Legal Profession Act 2007
[s 79]
Clause 79 Amendment of s 12 (Meaning of government legal officer 1
and engaged in government work and related matters) 2
Section 12(1)(a)-- 3
insert-- 4
Note-- 5
Under the Public Service Act 2008, section 22, this Act 6
applies to a public service office stated in schedule 1 of 7
that Act and its public service employees as if the office 8
were a department. 9
Clause 80 Amendment of s 289 (Payments from fund) 10
(1) Section 289(1)(h)-- 11
omit, insert-- 12
(h) facilitating access to the legal system, legal 13
information and education and legal 14
services for members of the community, 15
particularly economically or socially 16
disadvantaged members of the community; 17
(2) Section 289-- 18
insert-- 19
(3) Also, the chief executive must not make a 20
payment under subsection (1)(b) unless the chief 21
executive is satisfied all other funding sources or 22
other means of raising funds available to the law 23
society for the fidelity fund are exhausted. 24
Clause 81 Amendment of s 291 (Submission of budgets) 25
Section 291, `beneficiary'-- 26
omit, insert-- 27
recipient 28
Page 71
Justice and Other Legislation Amendment Bill 2014
Part 20 Amendment of Legal Profession Act 2007
[s 82]
Clause 82 Omission of s 780 (Amendment of regulation by Justice 1
and Other Legislation Amendment Act 2013) 2
Section 780-- 3
omit. 4
Clause 83 Insertion of new ch 10, pt 5 5
Chapter 10-- 6
insert-- 7
Part 5 Transitional provisions 8
for Justice and Other 9
Legislation 10
Amendment Act 2014 11
781 Application of s 9(1) and additional obligation 12
to disclose suitability matter 13
(1) This section applies if, before the 14
commencement-- 15
(a) a person had applied to the board for a 16
declaration in relation to a suitability matter 17
under section 32(2) and the board had not 18
done a thing mentioned in section 32(3) for 19
the application; or 20
(b) a person had applied to the Supreme Court 21
for admission to the legal profession under 22
section 34 and the Supreme Court had not 23
decided the application under section 35; or 24
(c) a person had applied to a regulatory 25
authority for the grant or renewal of a local 26
practising certificate under section 49 and 27
the regulatory authority had not decided 28
whether to grant or refuse the application 29
under section 51. 30
Page 72
Justice and Other Legislation Amendment Bill 2014
Part 20 Amendment of Legal Profession Act 2007
[s 83]
(2) Section 9(1)(c), as in force immediately after the 1
commencement (new section 9(1)(c)), applies to 2
the person for the application. 3
(3) If new section 9(1)(c) applies to the person for 4
the application, the person must, before the day 5
stated in subsection (4), give the following a 6
notice about that fact-- 7
(a) for an application mentioned in subsection 8
(1)(a) or (b)--the board; 9
(b) for an application mentioned in subsection 10
(1)(c)--the regulatory authority for the 11
application. 12
(4) For subsection (3), the day is-- 13
(a) for an application mentioned in subsection 14
(1)(a) or (c)--the day that is 8 days after the 15
commencement; or 16
(b) for an application mentioned in subsection 17
(1)(b), the earlier of the following-- 18
(i) the day the application is heard and 19
decided by the Supreme Court under 20
section 35(1); 21
(ii) the day that is 8 days after the 22
commencement. 23
782 Application of amended show cause event 24
definition and additional obligation to give 25
notice and statement 26
(1) This section applies to a person who-- 27
(a) is, or has been, a legal practitioner director 28
of an incorporated legal practice while the 29
practice is or was an 30
externally-administered body corporate 31
under the Corporations Act; and 32
Page 73
Justice and Other Legislation Amendment Bill 2014
Part 21 Amendment of Magistrates Courts Act 1921
[s 84]
(b) is a local legal practitioner or a registered 1
foreign lawyer. 2
(2) It is declared that the matter mentioned in 3
subsection (1)(a) is a show cause event that has 4
happened in relation to the person. 5
(3) The person must comply with the following for 6
the show cause event-- 7
(a) if the person is a local legal 8
practitioner--section 68; 9
(b) if the person is a registered foreign 10
lawyer--section 193. 11
(4) For subsection (3), the show cause event is taken 12
to have happened on the commencement. 13
Clause 84 Amendment of sch 2 (Dictionary) 14
(1) Schedule 2, definition show cause event-- 15
insert-- 16
(ca) his or her being a legal practitioner director 17
of an incorporated legal practice that 18
becomes an externally-administered body 19
corporate under the Corporations Act; or 20
(2) Schedule 2, definition show cause event, paragraphs (ca) and 21
(d)-- 22
renumber as paragraphs (d) and (e). 23
Part 21 Amendment of Magistrates 24
Courts Act 1921 25
Clause 85 Act amended 26
This part amends the Magistrates Courts Act 1921. 27
Page 74
Justice and Other Legislation Amendment Bill 2014
Part 21 Amendment of Magistrates Courts Act 1921
[s 86]
Clause 86 Amendment of s 3C (Appointment of bailiffs and bailiff's 1
assistants) 2
(1) Section 3C, heading, `and bailiff's assistants'-- 3
omit. 4
(2) Section 3C(1), from `A' to `bailiffs'-- 5
omit, insert-- 6
The chief executive may from time to time appoint a 7
bailiff or bailiffs for a Magistrates Court 8
(3) Section 3C(3) and (4)-- 9
omit. 10
(4) Section 3C(5), `or bailiff's assistant'-- 11
omit. 12
(5) Section 3C(5)-- 13
renumber as section 3C(3). 14
Clause 87 Insertion of new ss 62 and 63 15
After section 61-- 16
insert-- 17
62 Transitional provision for Justice and Other 18
Legislation Amendment Act 2014--saving of 19
appointment of bailiff 20
A person who immediately before the commencement 21
held office as a bailiff under section 3C continues to 22
hold office as if the person were appointed under that 23
section after the commencement. 24
63 Transitional provision for Justice and Other 25
Legislation Amendment Act 2014--cessation 26
of appointment of assistant bailiff 27
(1) This section applies if, immediately before the 28
commencement, a person held office as a bailiff's 29
assistant under section 3C(3). 30
Page 75
Justice and Other Legislation Amendment Bill 2014
Part 22 Amendment of Penalties and Sentences Act 1992
[s 88]
(2) On the commencement the person's appointment 1
as an assistant bailiff ends. 2
(3) No compensation is payable because of 3
subsection (2). 4
Part 22 Amendment of Penalties and 5
Sentences Act 1992 6
Clause 88 Act amended 7
This part amends the Penalties and Sentences Act 1992. 8
Clause 89 Amendment of s 9 (Sentencing guidelines) 9
(1) Section 9-- 10
insert-- 11
(11A) Subsection (11C) applies to the sentencing of a 12
dangerous drug supply offender in circumstances 13
(the circumstances of the offence) in which-- 14
(a) the dangerous drug supplied was used by, or 15
administered to, a person; and 16
(b) the person died; and 17
(c) the drug was partly or wholly the cause of 18
the person's death. 19
(11B) However, subsection (11C) does not apply if the 20
offender has also been convicted of unlawfully 21
killing the person. 22
(11C) In sentencing the offender the court must-- 23
(a) have regard primarily to the factors listed in 24
subsection (3); and 25
(b) treat the circumstances of the offence as an 26
aggravating factor. 27
Page 76
Justice and Other Legislation Amendment Bill 2014
Part 22 Amendment of Penalties and Sentences Act 1992
[s 90]
(11D) For subsection (11C)(a), the court must have 1
regard to subsection (3)(d) as though the person's 2
death was a result of the offence for which the 3
offender is being sentenced. 4
(2) Section 9(13)-- 5
insert-- 6
dangerous drug see Drugs Misuse Act 1986, 7
section 4. 8
dangerous drug supply offender means an 9
offender being sentenced for an offence against 10
the Drugs Misuse Act 1986, section 6. 11
Clause 90 Amendment of s 15B (Definitions for div 1) 12
Section 15B, definition drug assessment and education session, 13
`one-on-one'-- 14
omit. 15
Clause 91 Amendment of s 43N (Commissioner may give copy of 16
banning order to particular persons) 17
(1) Section 43N, heading, after `Commissioner'-- 18
insert-- 19
of the police service 20
(2) Section 43N(1), after `The commissioner'-- 21
insert-- 22
of the police service 23
Clause 92 Amendment of s 159A (Time held in presentence custody 24
to be deducted) 25
Section 159A(10), definition presentence custody certificate, `or 26
an authorised corrective services officer'-- 27
omit, insert-- 28
Page 77
Justice and Other Legislation Amendment Bill 2014
Part 23 Amendment of Professional Standards Act 2004
[s 93]
, an authorised corrective services officer or the 1
commissioner of the police service 2
Clause 93 Insertion of new pt 14, div 12 3
After section 237-- 4
insert-- 5
Division 12 Transitional provision for 6
Justice and Other 7
Legislation Amendment 8
Act 2014 9
238 Sentencing guidelines-supply of dangerous 10
drugs 11
Section 9(11A) to (11D) applies to the sentencing of 12
an offender if the offender is convicted of the offence 13
after the commencement, even if the offence was 14
committed, or the offender was charged with the 15
offence, before the commencement. 16
Part 23 Amendment of Professional 17
Standards Act 2004 18
Clause 94 Act amended 19
This part amends the Professional Standards Act 2004. 20
Clause 95 Amendment of s 15 (Commencement of schemes) 21
Section 15(1) and (2), `gazetted'-- 22
omit, insert-- 23
notified 24
Page 78
Justice and Other Legislation Amendment Bill 2014
Part 23 Amendment of Professional Standards Act 2004
[s 96]
Clause 96 Amendment of s 16 (Challenges to schemes) 1
Section 16(1), `gazetted'-- 2
omit, insert-- 3
notified 4
Clause 97 Amendment of s 18 (Amendment and revocation of 5
schemes) 6
Section 18(6), note-- 7
omit, insert-- 8
Note-- 9
An instrument that amends a scheme operating in another 10
jurisdiction may be submitted to the Minister administering 11
the corresponding law of that jurisdiction under section 13 12
with a view to notice being given of the instrument. Notice of 13
an instrument made under the corresponding law of another 14
jurisdiction that amends an interstate scheme may be notified 15
under section 14. 16
Clause 98 Amendment of s 18A (Notice of revocation of scheme) 17
(1) Section 18A(1), `gazettal'-- 18
omit, insert-- 19
notification 20
(2) Section 18A(2), `gazetted'-- 21
omit, insert-- 22
notified 23
Clause 99 Amendment of s 18B (Termination of operation of 24
interstate schemes in this jurisdiction) 25
Section 18B(5) and (6), `gazetted'-- 26
omit, insert-- 27
notified 28
Page 79
Justice and Other Legislation Amendment Bill 2014
Part 24 Amendment of Property Law Act 1974
[s 100]
Clause 100 Amendment of s 43 (Functions of council) 1
Section 43(1)(a)(i), `publication in the gazette'-- 2
omit, insert-- 3
notification 4
Part 24 Amendment of Property Law 5
Act 1974 6
Clause 101 Act amended 7
This part amends the Property Law Act 1974. 8
Clause 102 Amendment of s 57A (Effect of Act or statutory 9
instrument) 10
(1) Section 57A(1)-- 11
omit, insert-- 12
(1) A statutory instrument, other than prescribed 13
subordinate legislation, does not and can not-- 14
(a) render void or unenforceable any contract or 15
dealing concerning property that is made, 16
entered into or effected contrary to the 17
statutory instrument; or 18
(b) for a contract for the sale of land--give a 19
right to a party to terminate the contract for 20
a failure by another party to comply with the 21
statutory instrument. 22
(2) Section 57A(3)-- 23
omit, insert-- 24
(3) In this section-- 25
Page 80
Justice and Other Legislation Amendment Bill 2014
Part 24 Amendment of Property Law Act 1974
[s 103]
prescribed subordinate legislation means 1
subordinate legislation prescribed under a 2
regulation for this definition. 3
Clause 103 Insertion of new pt 24 4
After part 23-- 5
insert-- 6
Part 24 Transitional provisions 7
for Justice and Other 8
Legislation 9
Amendment Act 2014 10
357 Application of s 57A 11
(1) For a statutory instrument other than subordinate 12
legislation, amended section 57A-- 13
(a) applies on and from the commencement, 14
regardless of when the statutory instrument 15
was made; and 16
(b) has effect in relation to a contract or dealing 17
concerning property mentioned in that 18
section only if the contract or dealing is 19
made, entered into or effected on or after the 20
commencement. 21
(2) For subordinate legislation, amended section 22
57A-- 23
(a) applies on and from the day that is 1 year 24
after the commencement, regardless of 25
when the subordinate legislation was made; 26
and 27
(b) has effect in relation to a contract or dealing 28
concerning property mentioned in that 29
section only if the contract or dealing is 30
Page 81
Justice and Other Legislation Amendment Bill 2014
Part 25 Amendment of Public Guardian Act 2014
[s 104]
made, entered into on or effected after the 1
day mentioned in paragraph (a). 2
(3) Section 57A, as in force immediately before the 3
commencement, continues to apply in relation to 4
subordinate legislation until 1 year after the 5
commencement, as if the section were not 6
amended by the Justice and Other Legislation 7
Amendment Act 2014. 8
(4) In this section-- 9
amended section 57A means section 57A as in 10
force on the commencement. 11
358 Saving provision for s 57A 12
Section 57A(3), as in force immediately before the 13
commencement, is declared to be a law to which the 14
Acts Interpretation Act 1954, section 20A applies. 15
Part 25 Amendment of Public Guardian 16
Act 2014 17
Clause 104 Act amended 18
This part amends the Public Guardian Act 2014. 19
Clause 105 Amendment of s 52 (When is a child a relevant child) 20
(1) Section 52-- 21
insert-- 22
(1A) A child is also a relevant child if the child is the 23
subject of an application for the making, 24
extension, variation or revocation of an order 25
mentioned in subsection (1)(a), (b), (c) or (f). 26
Page 82
Justice and Other Legislation Amendment Bill 2014
Part 25 Amendment of Public Guardian Act 2014
[s 106]
(2) Section 52(2)(a), after `subsection (1)'-- 1
insert-- 2
or the subject of an application mentioned in 3
subsection (1A) 4
(3) Section 52(3)(a), from `agreement,'-- 5
omit, insert-- 6
agreement, or the subject of the application, 7
the public guardian was providing particular 8
help to the child and the public guardian 9
believes-- 10
(i) it is appropriate to finish providing the 11
help to the child; or 12
(ii) the child may be the subject of a further 13
application and continues to be in need 14
of particular help for the period before 15
the application is made; or 16
Clause 106 Amendment of s 89 (Chief executive (child safety) to 17
advise public guardian when child is subject to particular 18
orders, etc.) 19
(1) Section 89(1)-- 20
insert-- 21
(c) becoming aware a child is subject to an 22
interim order under section 67(1)(a) of the 23
Child Protection Act. 24
(2) Section 89(2), `intervention or agreement of a kind mentioned 25
in section 52(1)'-- 26
omit, insert-- 27
intervention, agreement or interim order of a 28
kind mentioned in subsection (1)(b) or (c) 29
Page 83
Justice and Other Legislation Amendment Bill 2014
Part 26 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 107]
Clause 107 Amendment of s 113 (Duration of appointment as 1
community visitor) 2
Section 113(6) and (7), `chief executive'-- 3
omit, insert-- 4
public guardian 5
Part 26 Amendment of Queensland 6
Civil and Administrative 7
Tribunal Act 2009 8
Clause 108 Act amended 9
This part amends the Queensland Civil and Administrative 10
Tribunal Act 2009. 11
Clause 109 Replacement of ss 131-132 12
Sections 131 and 132-- 13
omit, insert-- 14
131 Monetary decisions 15
(1) This section applies to a final decision of the 16
tribunal in a proceeding if it is a monetary 17
decision. 18
(2) The final decision is taken to have been filed in a 19
court of competent jurisdiction for enforcement 20
under the Uniform Civil Procedure Rules 1999, 21
chapter 19 on the day the decision is made. 22
Note-- 23
The final decision is a money order of the court for the 24
purposes of the Uniform Civil Procedure Rules 1999, 25
chapter 19. 26
Page 84
Justice and Other Legislation Amendment Bill 2014
Part 26 Amendment of Queensland Civil and Administrative Tribunal Act 2009
[s 109]
132 Non-monetary decisions 1
(1) This section applies to a final decision of the 2
tribunal in a proceeding-- 3
(a) if it is not a monetary decision; or 4
(b) if it is a monetary decision--to the extent 5
the decision does not require payment of an 6
amount to a person. 7
(2) The final decision is taken to have been filed in a 8
relevant court for enforcement under the Uniform 9
Civil Procedure Rules 1999, chapter 20 on the 10
day the decision is made. 11
(3) For subsection (2), the final decision is taken to 12
be a non-money order of the relevant court for the 13
purposes of the Uniform Civil Procedure Rules 14
1999, chapter 20. 15
(4) The Supreme Court may transfer to a lower court 16
a proceeding for the enforcement of an order 17
pending in the Supreme Court if-- 18
(a) the order is of a kind that may be made by 19
the lower court; or 20
(b) the order is otherwise capable of being 21
enforced in the lower court. 22
(5) If a proceeding is transferred to a lower court 23
under subsection (4)-- 24
(a) the order is taken to be an order of the lower 25
court and may be enforced accordingly; and 26
(b) the proceeding for the enforcement of the 27
order is taken to have been started before the 28
lower court when it was started in the 29
Supreme Court. 30
(6) In this section-- 31
lower court means a District Court or 32
Magistrates Court. 33
Page 85
Justice and Other Legislation Amendment Bill 2014
Part 27 Amendment of Recording of Evidence Act 1962
[s 110]
relevant court means-- 1
(a) for a final decision of the tribunal relating to 2
a minor civil dispute--the Magistrates 3
Court; or 4
(b) for another final decision of the 5
tribunal--the Supreme Court. 6
Clause 110 Amendment of sch 2 (Subject matter for rules) 7
Schedule 2, sections 4(2) and 8(b), `or style'-- 8
omit. 9
Part 27 Amendment of Recording of 10
Evidence Act 1962 11
Clause 111 Act amended 12
This part amends the Recording of Evidence Act 1962. 13
Clause 112 Amendment of s 11A (Retention and destruction of 14
records) 15
(1) Section 11A(6)(a), after `made;'-- 16
insert-- 17
or 18
(2) Section 11A(6)(b)(ii)-- 19
omit, insert-- 20
(ii) the record is of a legal proceeding in a 21
Magistrates Court and the record may be 22
disposed of under the Public Records Act 23
2002, section 13(a). 24
Page 86
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 113]
Part 28 Amendment of Referendums 1
Act 1997 2
Clause 113 Act amended 3
This part amends the Referendums Act 1997. 4
Clause 114 Amendment of s 16 (Kinds of polling booths) 5
(1) Section 16(1), `2 kinds'-- 6
omit, insert-- 7
3 kinds 8
(2) Section 16(1)-- 9
insert-- 10
(c) pre-poll voting offices for electoral districts. 11
Clause 115 Amendment of s 18 (Supply of ballot papers and electoral 12
rolls) 13
(1) Section 18, heading, `Supply of ballot'-- 14
omit, insert-- 15
Ballot 16
(2) Section 18(2), after `Ballot papers'-- 17
insert-- 18
, other than a completed ballot paper printed for an 19
electronically assisted vote, 20
(3) Section 18(3), `If'-- 21
omit, insert-- 22
For ballot papers to which subsection (2) apply, if 23
(4) Section 18-- 24
insert-- 25
Page 87
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 116]
(4) A completed ballot paper printed for an 1
electronically assisted vote must be of a size or 2
format that enables the elector's electronically 3
assisted vote to be accurately determined. 4
Clause 116 Amendment of s 19 (Scrutineers) 5
(1) Section 19(2), after `mobile polling booth,'-- 6
insert-- 7
each pre-poll voting office 8
(2) Section 19(3)(b), after `envelopes'-- 9
insert-- 10
, the printing of completed ballot papers for 11
electronically assisted votes 12
(3) Section 19(3)-- 13
insert-- 14
(c) at a place to observe any part of a procedure 15
for making an electronically assisted vote. 16
(4) Section 19(5), after `votes,'-- 17
insert-- 18
including electronically assisted votes, 19
Clause 117 Amendment of s 21 (Who may vote) 20
Section 21(1)-- 21
insert-- 22
(d) persons who-- 23
(i) are not enrolled on the electoral roll for 24
any district but are entitled to be 25
enrolled on the electoral roll for the 26
district; and 27
(ii) after the cut-off day for electoral rolls 28
and no later than 6p.m. on the day 29
Page 88
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 118]
before the polling day, have given a 1
notice to the commission or an 2
electoral registrar for the district under 3
the Electoral Act 1992, section 65. 4
Clause 118 Amendment of s 22 (Procedure for voting) 5
(1) Section 22(1), after `who'-- 6
insert-- 7
makes a pre-poll ordinary vote under section 24C or 8
who 9
(2) Section 22(3)-- 10
omit, insert-- 11
(3) In the polling booth, the elector must-- 12
(a) give the issuing officer the elector's proof of 13
identity document; and 14
(b) request a ballot paper from the issuing 15
officer. 16
(3) Section 22(5)-- 17
omit, insert-- 18
(5) The issuing officer must issue a ballot paper to a 19
person if-- 20
(a) the person has given the issuing officer the 21
person's proof of identity document; and 22
(b) the issuing officer is satisfied the person is 23
entitled to vote at the referendum for the 24
electoral district. 25
(4) Section 22(7)-- 26
omit, insert-- 27
(7) The issuing officer must comply with section 32 28
if-- 29
Page 89
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 119]
(a) the elector does not give the issuing officer 1
the elector's proof of identity document 2
under subsection (3)(a); or 3
(b) the issuing officer has asked questions under 4
subsection (6) and suspects a person 5
claiming to be a particular elector is not the 6
elector. 7
Clause 119 Insertion of new pt 4, div 3, sdiv 1A 8
Part 4, division 3-- 9
insert-- 10
Subdivision 1A Pre-poll ordinary voting 11
24A Pre-poll ordinary voting 12
(1) This section applies to an elector, other than one 13
who must make a declaration vote under 14
subdivision 2, who-- 15
(a) wishes to vote before the polling day for a 16
referendum; and 17
(b) wishes to do so other than by making a 18
declaration vote under subdivision 2. 19
(2) If there is a pre-poll voting office for the electoral 20
district for which the elector is enrolled, the 21
elector may make a vote under section 24C (a 22
pre-poll ordinary vote). 23
24B Pre-poll voting offices 24
(1) The commission may declare, by gazette notice, 25
for a referendum-- 26
(a) a stated place to be a place where an elector 27
enrolled in a stated electoral district may 28
make a pre-poll ordinary vote (a pre-poll 29
voting office for the electoral district); and 30
Page 90
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 119]
(b) the times during which electors are allowed 1
to make a pre-poll ordinary vote at the 2
pre-poll voting office. 3
(2) The commission may, in a declaration under 4
subsection (1) or by gazette notice under this 5
subsection, declare that a particular pre-poll 6
voting office located in an electoral district is also 7
a pre-poll voting office for 1 or more other 8
electoral districts. 9
(3) If the commission makes a declaration under 10
subsection (1) or (2), the commission may also 11
publish the declaration in any other way the 12
commission considers appropriate, including, for 13
example, on the commission's website. 14
24C Procedure for pre-poll ordinary voting 15
(1) An elector who wishes to vote during the period 16
beginning 3 days after the cut-off day for 17
electoral rolls for the referendum, and ending at 18
6p.m. on the day before polling day may make a 19
pre-poll ordinary vote by following the 20
procedures set out in this section. 21
(2) The elector is to go to a pre-poll voting office for 22
the electoral district for which the elector is 23
enrolled. 24
(3) At the pre-poll voting office, the elector must-- 25
(a) give the issuing officer the elector's proof of 26
identity document; and 27
(b) request a ballot paper from the issuing 28
officer. 29
(4) If the elector-- 30
(a) has a ballot paper and declaration envelope 31
for the referendum; and 32
Page 91
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 119]
(b) does not intend to make a declaration vote 1
under subdivision 2; 2
the elector must give the papers to the issuing 3
officer. 4
(5) The issuing officer must issue a ballot paper to a 5
person if-- 6
(a) the person has given the issuing officer the 7
person's proof of identity document; and 8
(b) the issuing officer is satisfied the person is 9
entitled to vote at the referendum for the 10
electoral district. 11
(6) The issuing officer may ask of a person 12
requesting a ballot paper questions for the 13
purpose of deciding whether the person is 14
entitled to vote at the referendum for the electoral 15
district. 16
(7) The issuing officer must comply with section 32 17
if-- 18
(a) the elector does not give the issuing officer 19
the elector's proof of identity document 20
under subsection (3)(a); or 21
(b) the issuing officer has asked questions under 22
subsection (6) and suspects that a person 23
claiming to be a particular elector is not the 24
elector. 25
(8) The issuing officer must keep a record of all 26
persons to whom the officer issues ballot papers 27
under this section. 28
(9) The issuing officer must, if a scrutineer requests 29
it, keep a record of any objection by the 30
scrutineer to the entitlement of a person to vote. 31
(10) On being given the ballot paper, the elector must, 32
without delay-- 33
Page 92
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 119]
(a) go alone to an unoccupied voting 1
compartment in the pre-poll voting office; 2
and 3
(b) there, in private, mark a vote on the ballot 4
paper in accordance with section 33; and 5
(c) fold the ballot paper to conceal the vote and 6
put it in a ballot box in the pre-poll voting 7
office; and 8
(d) leave the pre-poll voting office. 9
24D Help to enable electors to vote at pre-poll 10
voting offices 11
(1) Subject to subsection (2), if an elector satisfies an 12
issuing officer that the elector is unable to vote 13
without help, the elector may be accompanied in 14
the pre-poll voting office by another person 15
chosen by the elector. 16
(2) The other person may help the elector in any of 17
the following ways-- 18
(a) acting as an interpreter; 19
(b) explaining the ballot paper and the 20
requirements of section 33 relating to its 21
marking; 22
(c) marking, or helping the elector to mark, the 23
ballot paper in the way the elector wishes; 24
(d) folding the ballot paper and putting it in the 25
ballot box. 26
(3) If an elector is unable to enter a pre-poll voting 27
office because of illness, disability or advanced 28
pregnancy, but is able to come to a place (the 29
voting place) close to the pre-poll voting office, 30
then, subject to subsection (4)-- 31
(a) the issuing officer may perform the issuing 32
officer's functions; and 33
Page 93
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 120]
(b) the voter may vote; 1
at the voting place as if it were the pre-poll voting 2
office. 3
(4) The issuing officer must-- 4
(a) before taking any action under subsection 5
(3), inform any scrutineers present of the 6
proposed action; and 7
(b) ensure that, after the ballot paper is marked, 8
it is-- 9
(i) folded to conceal the vote; and 10
(ii) put into an envelope and sealed; and 11
(c) open the envelope inside the pre-poll voting 12
office in the presence of any scrutineers and 13
put the folded ballot paper in a ballot box. 14
Clause 120 Amendment of s 25 (Who may make a declaration vote) 15
(1) Section 25(1)(a)-- 16
omit, insert-- 17
(a) an elector who wishes to make a declaration 18
vote before the polling day for a referendum 19
(an ordinary postal voter); 20
(2) Section 25(1)(b), editor's note-- 21
omit, insert-- 22
Note-- 23
See subsection (2) and the Electoral Act 1992, section 114. 24
(3) Section 25(1)(c), editor's note-- 25
omit, insert-- 26
Note-- 27
See subsection (3) and the Electoral Act 1992, section 114. 28
(4) Section 25(2)-- 29
Page 94
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 121]
omit. 1
(5) Section 25(3) and (4)-- 2
renumber as section 25(2) and (3). 3
Clause 121 Amendment of s 30 (Making a declaration vote using 4
posted referendum papers) 5
(1) Section 30(1), from `by writing' to `delivered'-- 6
omit, insert-- 7
in an approved form given 8
(2) Section 30(3), `6p.m. on the Thursday'-- 9
omit, insert-- 10
7p.m. on the Wednesday 11
Clause 122 Amendment of s 31 (Electoral visitor voting) 12
(1) Section 31(1), from `by writing' to `delivered'-- 13
omit, insert-- 14
in an approved form given 15
(2) Section 31(3), `6p.m. on the Thursday'-- 16
omit, insert-- 17
7p.m. on the Wednesday 18
Clause 123 Amendment of s 32 (Making a declaration vote in cases of 19
uncertain identity) 20
(1) Section 32(1) and (2)-- 21
omit, insert-- 22
(1) If section 22(7) or 24C(7) applies for a person 23
who is an elector or a person claiming to be an 24
elector, the issuing officer must give the person a 25
declaration envelope. 26
(2) Section 32(5)(a), `(3)(a)'-- 27
Page 95
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 124]
omit, insert-- 1
(2)(a) 2
(3) Section 32(5)(b), `(3)(b)'-- 3
omit, insert-- 4
(2)(b) 5
(4) Section 32(7), `subsection (5)'-- 6
omit, insert-- 7
subsection (4) 8
(5) Section 32(3) to (9)-- 9
renumber as section 32(2) to (8). 10
Clause 124 Insertion of new pt 4, div 3, sdiv 2A 11
Part 4, division 3-- 12
insert-- 13
Subdivision 2A Electronically assisted 14
voting 15
32A Who may make an electronically assisted vote 16
An elector may make an electronically assisted vote 17
if-- 18
(a) the elector can not vote without assistance 19
because the elector has-- 20
(i) an impairment; or 21
(ii) an insufficient level of literacy; or 22
(b) the elector can not vote at a polling booth 23
because of an impairment; or 24
(c) the elector is a member of a class of elector 25
prescribed by a regulation for this section. 26
Examples of a class of elector-- 27
Page 96
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 124]
· an elector whose address, as shown on an electoral 1
roll, is more than 20km by the nearest practical route 2
from a polling booth 3
· an elector who will not, throughout ordinary voting 4
hours on polling day, be within Queensland 5
32B Prescribed procedures for electronically 6
assisted voting 7
(1) The commission may make procedures about 8
how an elector may make an electronically 9
assisted vote for a referendum. 10
(2) The procedures must provide for the following-- 11
(a) the registration of electors who may make 12
an electronically assisted vote for a 13
referendum under section 32A; 14
(b) the authentication of each electronically 15
assisted vote; 16
(c) the recording of each elector who uses 17
electronically assisted voting; 18
(d) ensuring the secrecy of each electronically 19
assisted vote; 20
(e) the secure transmission of each 21
electronically assisted vote to the 22
commissioner, and secure storage of each 23
electronically assisted vote by the 24
commissioner, until printing; 25
(f) the printing, for scrutiny and counting, of a 26
ballot paper for each electronically assisted 27
vote; 28
(g) the secure delivery of each printed ballot 29
paper to the returning officer for the 30
appropriate electoral district or to the 31
commission. 32
(3) The procedures-- 33
Page 97
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 124]
(a) do not take effect until approved by a 1
regulation; and 2
(b) must be tabled in the Legislative Assembly 3
with the regulation approving the 4
procedures; and 5
(c) must be published on the commission's 6
website. 7
32C Audit of electronically assisted voting for a 8
referendum 9
(1) The commission must appoint an independent 10
person to audit the information technology used 11
under the procedures for electronically assisted 12
voting made under section 32B. 13
(2) The audit must be conducted within 60 days after 14
the polling day for the referendum. 15
(3) A person appointed under subsection (1) must be 16
an individual who is not, and has not ever been, a 17
member of a political party. 18
(4) The person appointed to conduct the audit may 19
make recommendations to the commission to 20
reduce or eliminate risks that could affect the 21
security, accuracy or secrecy of electronically 22
assisted voting. 23
(5) A regulation may prescribe requirements about 24
the conduct of an audit under this section. 25
32D Protection of information technology 26
(1) A person must not disclose to another person a 27
source code or other computer software relating 28
to electronically assisted voting, unless the 29
person is authorised to do so under-- 30
(a) the procedures approved under section 32B; 31
or 32
Page 98
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 125]
(b) an agreement entered into by the person 1
with the commissioner. 2
Maximum penalty--40 penalty units or 6 months 3
imprisonment. 4
(2) A person must not, without reasonable excuse, 5
destroy or interfere with a computer program, 6
data file or electronic device used for or in 7
connection with electronically assisted voting. 8
Maximum penalty--100 penalty units or 2 years 9
imprisonment. 10
32E Commissioner may decide electronically 11
assisted voting is not to be used 12
(1) The commissioner may decide electronically 13
assisted voting is not be used-- 14
(a) at a particular referendum; or 15
(b) by a class of electors at a particular 16
referendum. 17
(2) The commissioner's decision must be in writing 18
and published on the commission's website. 19
Clause 125 Amendment of s 33 (How electors must vote) 20
Section 33(1)-- 21
omit, insert-- 22
(1) An elector must vote in accordance with-- 23
(a) if the elector votes using electronically 24
assisted voting--the procedures approved 25
under section 32B(3); or 26
(b) otherwise--subsection (2) or (3). 27
Page 99
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 126]
Clause 126 Amendment of s 36 (Preliminary processing of 1
declaration envelopes and ballot papers) 2
Section 36(2)(c), from `the signature' to `request and'-- 3
omit. 4
Clause 127 Amendment of s 38 (Preliminary counting of ordinary 5
votes) 6
(1) Section 38(2)(b)-- 7
omit, insert-- 8
(b) identify and keep in a separate parcel all 9
declaration envelopes and all ballot papers 10
printed for electronically assisted votes; and 11
(2) Section 38-- 12
insert-- 13
(3) This section applies to votes received by the 14
commission under section 36 for an electoral 15
district in the same way, subject to any prescribed 16
changes and any other necessary changes, as it 17
would apply if the commission's office were a 18
polling booth for the electoral district. 19
(4) This section applies to pre-poll ordinary votes 20
received by the commission for an electoral 21
district in the same way as it would apply if a 22
pre-poll voting office were a polling booth for the 23
electoral district, to the extent to which it is 24
reasonably practicable for pre-poll ordinary votes 25
to be counted on polling day and subject to any 26
necessary changes. 27
Clause 128 Amendment of s 39 (Official counting of votes) 28
Section 39(2)(b), after `envelopes'-- 29
insert-- 30
Page 100
Justice and Other Legislation Amendment Bill 2014
Part 28 Amendment of Referendums Act 1997
[s 129]
and ballot papers printed for electronically assisted 1
votes 2
Clause 129 Replacement of s 83 (Failure to post, fax or deliver 3
documents for someone else) 4
Section 83-- 5
omit, insert-- 6
83 Failure to give the commission or returning 7
officer a request 8
If a person is given a request in the approved form 9
under section 30 or 31 to give to the commission or a 10
returning officer, the person must promptly give the 11
request to the commission or returning officer. 12
Maximum penalty--20 penalty units or 6 months 13
imprisonment. 14
Clause 130 Amendment of sch 3 (Dictionary) 15
(1) Schedule 3-- 16
insert-- 17
pre-poll ordinary vote see section 24A(2). 18
pre-poll voting office, for an electoral district, see 19
section 24B(1)(a). 20
proof of identity document see the Electoral Act 21
1992. 22
(2) Schedule 3, definition electoral visitor voter, `25(4)'-- 23
omit, insert-- 24
25(3) 25
(3) Schedule 3, definition ordinary postal voter, `25(2)'-- 26
omit, insert-- 27
25(1)(a) 28
Page 101
Justice and Other Legislation Amendment Bill 2014
Part 29 Amendment of Supreme Court Library Act 1968
[s 131]
(4) Schedule 3, definition polling booth, `or a mobile polling 1
booth'-- 2
omit, insert-- 3
, a mobile polling booth or a pre-poll voting office 4
Part 29 Amendment of Supreme Court 5
Library Act 1968 6
Clause 131 Act amended 7
This part amends the Supreme Court Library Act 1968. 8
Clause 132 Insertion of new s 13B 9
Part 2-- 10
insert-- 11
13B Protection from liability of members 12
(1) A member of the committee is not civilly liable 13
for an act done, or omission made, in good faith 14
under this Act. 15
(2) If subsection (1) prevents a civil liability 16
attaching to a member, the liability attaches 17
instead to the committee. 18
Page 102
Justice and Other Legislation Amendment Bill 2014
Part 30 Amendment of Telecommunications Interception Act 2009
[s 133]
Part 30 Amendment of 1
Telecommunications 2
Interception Act 2009 3
Clause 133 Act amended 4
This part amends the Telecommunications Interception Act 5
2009. 6
Clause 134 Amendment of s 14 (Eligible authority to keep documents 7
connected with issue of warrants) 8
(1) Section 14-- 9
insert-- 10
(ga) each appointment of an officer of the 11
eligible authority to be an authorising officer 12
made under section 66(4) of the 13
Commonwealth Act; 14
(2) Section 14(h), after `chief officer'-- 15
insert-- 16
or an authorising officer 17
(3) Section 14(ga) to (h)-- 18
renumber as section 14(h) to (i). 19
Part 31 Amendment of Tourism and 20
Events Queensland Act 2012 21
Clause 135 Act amended 22
This part amends the Tourism and Events Queensland Act 23
2012. 24
Page 103
Justice and Other Legislation Amendment Bill 2014
Part 31 Amendment of Tourism and Events Queensland Act 2012
[s 136]
Clause 136 Replacement of pt 3 (Tourism and Events Queensland 1
Employing Office) 2
Part 3-- 3
omit, insert-- 4
Part 3 Employees 5
32 Corporation may employ staff 6
(1) The corporation may employ staff. 7
(2) The corporation may decide the terms of 8
employment of the employees of the corporation. 9
(3) Subsection (2) applies subject to any industrial 10
instrument that is relevant to the terms of 11
employment of the employees. 12
(4) Employees of the employing office are employed 13
under this Act and not under the Public Service 14
Act 2008. 15
(5) In this section-- 16
industrial instrument has the meaning given 17
under the Industrial Relations Act 1999. 18
Clause 137 Insertion of new pt 6, div 3 19
Part 6-- 20
insert-- 21
Page 104
Justice and Other Legislation Amendment Bill 2014
Part 32 Amendment of Trusts Act 1973
[s 138]
Division 3 Transitional provisions for 1
Justice and Other 2
Legislation Amendment 3
Act 2014 4
53 Employees of former employing office 5
(1) This section applies to a person who, 6
immediately before the commencement, was an 7
employee of the former employing office. 8
(2) On the commencement-- 9
(a) the person becomes an employee of the 10
corporation on the same terms and 11
conditions of employment applying to the 12
person immediately before the 13
commencement; and 14
(b) the person remains entitled to all rights of 15
employment existing or accruing 16
immediately before the commencement, 17
including recognition of the person's length 18
of service with the former employing office 19
and outstanding leave entitlements accrued 20
up to the commencement. 21
(3) In this section-- 22
former employing office means the employing 23
office under this Act as in force immediately 24
before the commencement. 25
Part 32 Amendment of Trusts Act 1973 26
Clause 138 Act amended 27
This part amends the Trusts Act 1973. 28
Page 105
Justice and Other Legislation Amendment Bill 2014
Part 32 Amendment of Trusts Act 1973
[s 139]
Clause 139 Amendment of s 56 (Power to delegate trusts) 1
Section 56(1), `executed as a deed'-- 2
omit. 3
Clause 140 Insertion of new pt 13 4
After part 12-- 5
insert-- 6
Part 13 Validation provision for 7
Justice and Other 8
Legislation 9
Amendment Act 2014 10
123 Validation of powers of attorney for the 11
purposes of s 56 12
(1) This section applies if-- 13
(a) before the commencement, a trustee 14
purported to give a power of attorney to 15
another person for the execution or exercise 16
of a matter under previous section 56; and 17
(b) the power of attorney was given in the 18
approved form under the Powers of Attorney 19
Act 1998, section 11. 20
(2) The power of attorney delegating to a person any 21
of the matters mentioned in section 56(1) is taken 22
to be, and to have always been, validly given 23
under previous section 56. 24
Page 106
Justice and Other Legislation Amendment Bill 2014
Part 33 Amendment of Vexatious Proceedings Act 2005
[s 141]
Part 33 Amendment of Vexatious 1
Proceedings Act 2005 2
Clause 141 Act amended 3
This part amends the Vexatious Proceedings Act 2005. 4
Clause 142 Amendment of s 12 (Dismissing application for leave) 5
Section 12(2)-- 6
omit, insert-- 7
(2) The Court may dismiss the application-- 8
(a) without an oral hearing; or 9
(b) if the Court considers an oral hearing is 10
necessary--even if the applicant does not 11
appear at the hearing. 12
(3) If the Court dismisses the application, the Court 13
must give the applicant a copy of-- 14
(a) the order dismissing the application; and 15
(b) the Court's reasons. 16
Clause 143 Insertion of new pt 4A 17
After section 16-- 18
insert-- 19
Page 107
Justice and Other Legislation Amendment Bill 2014
Part 34 Repeals
[s 144]
Part 4A Transitional provision 1
for Justice and Other 2
Legislation 3
Amendment Act 2014 4
16A Pre-amended Act continues to apply to 5
particular applications made before 6
commencement 7
(1) This section applies if, immediately before the 8
commencement, an application had been made 9
under section 11 but not decided. 10
(2) This Act continues to apply in relation to the 11
application as if the Justice and Other Legislation 12
Amendment Act 2014 had not been enacted. 13
Part 34 Repeals 14
Clause 144 Repeals 15
The following Acts are repealed-- 16
· Companies (Acquisition of Shares) (Application of 17
Laws) Act 1981, No. 47 18
· Companies and Securities (Interpretation and 19
Miscellaneous Provisions) (Application of Laws) Act 20
1981, No. 49 21
· Companies (Application of Laws) Act 1981, No. 110 22
· Futures Industry (Application of Laws) Act 1986, No. 23
47 24
Page 108
Justice and Other Legislation Amendment Bill 2014
Part 34 Repeals
[s 144]
· Securities Industry (Application of Laws) Act 1981, No. 1
48. 2
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 109
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