1 Short title

This Act may be cited as the Justice and Other Legislation Amendment Act 2023.

2 Commencement

(1) The following provisions commence on 1 July 2024—

• part 5

• part 21

• part 26

(2) The following provisions commence on a day to be fixed by proclamation—

• part 2

• part 3, division 2

• sections 40 to 43

• section 50

• part 9

• part 12

• part 14

• part 15

• sections 109 to 116, 118 and 119

• part 17

• section 138 (3) and (4)

• part 25

• sections 187, 193 and 196

• parts 32 to 37

• schedule 1

3 Act amended

This part amends the Acts Interpretation Act 1954.

4 Insertion of new s 14CA

After section 14C —

insert—

14CA Other changes that do not affect general law

(1) If—

(a) a provision of an Act expressly provides for an obligation to comply with the principles of natural justice; and

(b) the provision is replaced by a corresponding provision that does not expressly provide for the obligation;

the absence of an express provision for the obligation in the corresponding provision does not limit or otherwise affect an obligation under the corresponding provision to comply with procedural fairness implied under the general law.

(2) If—

(a) a provision of an Act expressly provides for a function to be performed reasonably or a power to be exercised reasonably; and

(b) the provision is replaced by a corresponding provision that does not expressly provide for the function to be performed reasonably or the power to be exercised reasonably;

the absence of an express provision for the matter in the corresponding provision does not limit or otherwise affect an obligation under the corresponding provision to perform the function reasonably or exercise the power reasonably implied under the general law.

(3) For this section, a provision of an Act (a "former provision") is replaced by a corresponding provision if—

(a) an amendment of the Act omits the former provision and inserts a corresponding provision, whether in the same or a different location; or

(b) the former provision is amended and the amended provision is a corresponding provision; or

(c) the Act is repealed by an Act that includes a corresponding provision to the former provision.

(4) In this section—

"corresponding provision", to another provision, means a provision that is substantially the same as, or substantially equivalent to, the other provision.

5 Amendment of s 15C (Commencement of citation and commencement provisions on date of assent etc.)

Section 15C —

insert—

(4) A reference in this section to the provisions of an Act providing for its citation includes a reference to the Act’s long title.

6 Amendment of s 24B (Acting appointments)

(1) Section 24B (5) —omit, insert—

(5) If the appointee is acting in the office because of a vacancy in the office—

(a) the term of the appointment may not be more than 1 year; and

(b) the appointee may be reappointed to act in the office, but the term of each reappointment may not be more than 1 year.

(2) Section 24B —insert—

(6A) Subsection (6)(c) does not prevent a further appointment of the appointee to act for a period ending later than a year from the day of the vacancy.

7 Amendment of s 33 (References to Ministers, departments and chief executives)

(1) Section 33, heading, ‘, departments and chief executives’—omit.

(2) Section 33 (9), ‘ subsection (7) ’—omit, insert—subsection (2)

(3) Section 33 (12), ‘ subsection (11) ’—omit, insert—subsection (2)

(4) Section 33 (13) (b), ‘this section’—omit, insert—any of sections 33 to 33AB

(5) Section 33 (6) to (9) —relocate to section 33AA as inserted by this Act and renumber as section 33AA (1) to (4).

(6) Section 33 (10) to (12) —relocate to section 33AB as inserted by this Act and renumber as section 33AB (1) to (3).

(7) Section 33 (13) —relocate to section 33AC as inserted by this Act.

8 Insertion of new ss 33AA–33AC

After section 33 —

insert—

33AA References to departments

33AB References to chief executives

33AC Provisions administered by 2 or more Ministers

9 Amendment of s 37 (Measurement of distance)

(1) Section 37, ‘an Act’—omit, insert—a pre-2023 provision

(2) Section 37 —insert—

(2) In applying a post-2023 provision, distance is to be measured in a straight line on a horizontal plane.

(3) In this section—

"post-2023 provision" means a provision enacted after the commencement of the Justice and Other Legislation Amendment Act 2023, section 9.

"pre-2023 provision" means a provision other than a post-2023 provision.

"provision" means a provision of an Act.

10 Amendment of sch 1 (Meaning of commonly used words and expressions)

(1) Schedule 1, definition document —omit.

(2) Schedule 1 —insert—

"document" —

(a) means a record of information, however recorded; and

(b) includes—

(i) a thing on which there is writing; and

(ii) a thing on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and

(iii) an electronic document.

"electronic document" means—

(a) a thing from which sounds, images or writings can be reproduced with or without the aid of anything else; or

(b) a record of information reproduced from a thing mentioned in paragraph (a); or

(c) a record of information that exists in digital form and is capable of being reproduced, transmitted, stored or duplicated by electronic means.

"insolvent under administration" see the Corporations Act, section 9.

"police commissioner" means the commissioner of the police service under the Police Service Administration Act 1990.

"spent conviction" means a conviction—

(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b) that is not revived as prescribed by section 11 of that Act.

(3) Schedule 1, definition chief executive, paragraph (e), ‘ section 33 ’—omit, insert—section 33AB

(4) Schedule 1, definition department, ‘ section 33 ’—omit, insert—section 33AA

27 Act amended

This part amends the Attorney-General Act 1999.

28 Amendment of s 5 (Principal functions)

Section 5, editor’s note—

omit.

29 Amendment of s 7 (Specific powers)

(1) Section 7 (1) (a), editor’s note—omit.

(2) Section 7 (1) (b), editor’s note—omit, insert—
[Note: See the Criminal Code, section 563.]

(3) Section 7 (1) (g), after ‘start’—insert—or continue

(4) Section 7 (1) (l), editor’s note—omit.

30 Amendment of s 10 (Refusal of relator application)

Section 10 (1) (a), after ‘start’—

insert—

or continue

31 Act amended

This part amends the Civil Liability Act 2003.

32 Amendment of s 58 (Damages for loss of consortium or loss of servitium)

(1) Section 58 (1) (b), ‘prescribed under a regulation’—omit, insert—fixed by the Minister, by written notice under section 75,

(2) Section 58 (1) (b), note—omit.

33 Replacement of s 62 (Calculation of general damages)

Section 62 —

omit, insert—

62 Calculation of general damages

(1) For an injury arising after 1 December 2002, general damages must be calculated under this section.

(2) The Minister may make a notice under section 75, for a financial year, fixing the following for each injury scale value—

(a) a base amount, if any;

(b) a variable amount.

(3) Without limiting subsection (2)(b), a notice is taken to fix a variable amount for an injury scale value if the notice states the way in which the variable amount is to be worked out.

(4) The general damages for an injury are the sum of the following amounts, fixed by the notice under subsection (2), for the period within which the injury arose—

(a) any base amount for the injury scale value for the injury;

(b) the variable amount for the injury scale value for the injury.

34 Amendment of s 64 (Court required to inform parties of proposed award)

(1) Section 64 (2), ‘prescribed under a regulation’—omit, insert—fixed by the Minister, by written notice under section 75,

(2) Section 64 (2), note—omit.

35 Replacement of s 75 (Indexation of particular amounts)

Section 75 —

omit, insert—

75 Indexation of particular amounts

(1) The Minister must, before each financial year starts, make a notice for the financial year fixing amounts for or under the following provisions—

(a) section 58(1)(b);

(b) section 62(2)(a) and (b);

(c) section 64(2).

(2) The amount fixed for or under a provision mentioned in subsection (1) for a purpose is to be the amount last fixed by the Minister for the purpose adjusted by the percentage change in average weekly earnings between the current financial year and the last financial year and rounded to the nearest 10 dollars (rounding one-half upwards).

(3) However, subsection (4) applies if—

(a) the percentage change in average weekly earnings between the current financial year and the last financial year would reduce or would not change the amount fixed for a purpose; or

(b) the percentage change in average weekly earnings between the current financial year and the last financial year is not available from the Australian Statistician.

(4) The Minister must fix an amount for the purpose that is not less than the amount for the purpose last fixed by the Minister.

(5) The Minister’s notice is subordinate legislation.

(6) Despite subsection (1), the Minister may make a notice for a financial year, after 1 July in the financial year, that has retrospective operation to 1 July in the financial year.

(7) Subsection (6) applies despite the Statutory Instruments Act 1992, section 34.

(8) In this section—

"current financial year", for a notice, means the financial year immediately before the financial year for which the notice is made.

"last financial year", for a notice, means the financial year immediately before the current financial year.

36 Insertion of new ch 5, pt 9

Chapter 5 —

insert—

37 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definition food donor, ‘ section 38A (1) ’—omit, insert—section 38(1)

(2) Schedule 2, definition motor vehicle, ‘ Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 ’—omit, insert—Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021

38 Act amended

This part amends the Civil Proceedings Act 2011.

39 Replacement of s 59 (Interest after money order)

Section 59 —

omit, insert—

59 Interest after money order

(1) This section applies in relation to a money order except to the extent the court otherwise orders.

(2) Interest is payable from the date of the money order on the money order debt.

(3) The interest is payable at the rate prescribed under a practice direction made under the Supreme Court of Queensland Act 1991.

(4) However—

(a) if—

(i) the money order is for payment of a stated amount for damages or costs; and

(ii) the amount is paid in full within 21 days after the date of the order;

interest on the damages or costs is not payable; and

(b) if—

(i) the money order is or includes an order for the payment of costs in an amount to be ascertained, under the rules or otherwise, after the order is made; and

(ii) the amount for costs is paid in full within 21 days after the day the amount has been ascertained and becomes payable under the rules or otherwise;

interest on the costs is not payable.

(5) This section does not apply in relation to a proceeding for a cause of action arising before 21 December 1972.

(6) In this section—

"money order" —

(a) includes an order for the payment of costs in an amount to be ascertained, under the rules or otherwise, after the order is made; and

(b) does not include an order of the registrar, made under the rules, about the amount payable for costs under a money order.

"money order debt", for a money order for the payment of costs in an amount to be ascertained after the order is made, means the amount ascertained under the rules or otherwise.

40 Insertion of new pt 11A

After part 11 —

insert—

41 Amendment of s 107 (Regulation-making power)

Section 107 —

insert—

(4) A regulation under part 11A may make provision about money in court or securities in court, including provision about any of the following—

(a) the procedure for paying money into court or depositing securities into court;

(b) the affidavits or other documents that must be completed or given in relation to the payment of money into court or deposit of securities into court;

(c) the keeping of records relating to money in court or securities in court;

(d) the remittance of money or securities by the registrar of a court to the chief executive;

(e) the investment of money in court or securities in court;

(f) how the chief executive or the registrar of a court may or must deal with money in court or securities in court;

(g) interest on money in court, including provision about the rate or calculation of interest and the way in which, and times at which, interest must be paid;

(h) the payment or transfer of money or securities out of court.

42 Insertion of new pt 18

After part 17 —

insert—

43 Amendment of sch 1 (Dictionary)

Schedule 1 —

insert—

"interest", for part 11A, see section 75A.

"money in court", for part 11A, see section 75A.

"registrar", for part 11A, see section 75A.

"securities", for part 11A, see section 75A.

"securities in court", for part 11A, see section 75A.

44 Act amended

This part amends the Cremations Act 2003.

45 Insertion of new s 5A

After section 5 —

insert—

5A Permission to cremate given by interstate coroner

(1) This section applies if an interstate coroner for another State gives permission, under a law of that State, to cremate human remains.

(2) A person who cremates the human remains in Queensland under the permission does not commit an offence against section 5 if a doctor has—

(a) examined the remains and made any necessary inquiries; and

(b) issued a certificate that the doctor is satisfied the remains do not pose a cremation risk.

(3) In this section—

"interstate coroner", for another State, means a person who may exercise the functions of a coroner under a law of that State.

46 Amendment of s 14 (Record keeping—person in charge of crematorium)

(1) Section 14 —insert—

(3A) If section 5A applies in relation to a cremation, the person in charge of a crematorium must keep at the crematorium a copy of each of the following for 15 years after the cremation—

(a) the permission mentioned in section 5A(2);

(b) the certificate mentioned in section 5A(2)(b).

[Note: Maximum penalty—80 penalty units.]

(2) Section 14 (3A) to (5) —renumber as section 14 (4) to (6).

47 Amendment of s 15 (Record keeping—former owner of crematorium)

Section 15 (1), ‘ section 14 (3) ’—

omit, insert—

section 14(3) or (4)

48 Code amended

This part amends the Criminal Code.

49 Amendment of s 319A (Termination of pregnancy performed by unqualified person)

Section 319A (3), definition assisting, paragraph (a) (ii) and (iii) —

omit, insert—

(ii) supplying a termination drug for use in the termination; and

(iii) procuring the supply of a termination drug from an unqualified person for use in the termination; and

(iv) administering a termination drug; but

50 Amendment of s 564 (Form of indictment)

Section 564 —

insert—

(3B) An indictment for an offence committed in relation to a pregnant person that allegedly resulted in destroying the life of the person’s unborn child may also state the name, or a description, of the unborn child.

51 Act amended

This part amends the Criminal Law (Sexual Offences) Act 1978.

52 Amendment of s 3 (Definitions)

Section 3 —

insert —

"accredited media entity" means an entity listed as an accredited media entity in the Supreme Court’s media accreditation policy.

"eligible person", in relation to a charge of a prescribed sexual offence, means the complainant, the defendant or the prosecution.

"identifying matter", in relation to a defendant, means—

(a) the name, address, place of employment or another particular of the defendant or another person that is likely to lead to the identification of the defendant; or

(b) a photograph, picture, videotape, digital image or other visual representation of the defendant or another person that is likely to lead to the identification of the defendant.

"interim order" see section 7D(1).

"non-publication order" see section 7(2).

"sentenced" means sentenced by a Magistrates Court.

"Supreme Court’s media accreditation policy" means the media accreditation policy in effect and made under or appended to a practice direction of the Supreme Court.

53 Replacement of s 7 (Publication prematurely of defendant’s identity prohibited)

Section 7 ––

omit, insert ––

7 Application for non-publication order, and notice of application

(1) This section applies if a defendant is charged with a prescribed sexual offence.

(2) An eligible person may apply to a Magistrates Court for an order (a "non-publication order") prohibiting the publication, before the defendant is committed for trial or sentence or sentenced on the charge, of identifying matter relating to the defendant.

(3) The applicant must give 3 business days’ notice of their intention to make the application to—

(a) the court; and

(b) each other eligible person.

(4) However, the court may hear an application for a non-publication order despite the failure of the applicant to give notice under subsection (3) if the court is satisfied—

(a) there is a good reason for notice not having been given under subsection (3); or

(b) it is in the interests of justice that the court hear the application without notice having been given under subsection (3).

(5) Also, if the applicant is the defendant, notice to the complainant—

(a) must not be given personally by the defendant; and

(b) must be given by the prosecution giving a copy of the notice to the complainant or another person nominated to receive correspondence on the complainant’s behalf in relation to the matter.

(6) Notice under subsection (5) may be given by electronic communication.

7A Notifications to accredited media entities

(1) On receiving a notice under section 7(3), the court must take reasonable steps to ensure that each accredited media entity is notified of the application.

(2) The notification may be by electronic communication or any other way the court considers appropriate.

7B Grounds for non-publication order The court may make a non-publication order if satisfied of one or more of the following grounds—

(a) the order is necessary to prevent prejudice to the proper administration of justice;

(b) the order is necessary to prevent undue hardship or distress to a complainant or witness in relation to the charge;

(c) the order is necessary to protect the safety of any person.

7C Procedure for making non-publication order

(1) Each of the following persons may appear and be heard by the court on an application for a non-publication order—

(a) the applicant;

(b) an eligible person in relation to the charge to which the application relates;

(c) an accredited media entity;

(d) any other person whom the court considers has sufficient interest in the question of whether the order should be made.

(2) The court may order that the application be heard in closed court.

(3) In hearing the application the court––

(a) may receive and take into account evidence of any kind that it considers credible or trustworthy in the circumstances; and

(b) must consider the following––

(i) the primacy of the principle of open justice;

(ii) the public interest;

(iii) any submissions made or views expressed by or on behalf of the complainant about the application;

(iv) any special vulnerabilities of the complainant or the defendant;

(v) any cultural considerations relating to the complainant or the defendant;

(vi) the potential effect of publication in a rural or remote community;

(vii) the potential to prejudice any future court proceedings;

(viii) the history and context of any relationship between the complainant and the defendant (including, for example, any domestic violence history);

(ix) any other matter the court considers relevant.

(4) If the court grants the application, the court must state in the order––

(a) the grounds on which the order is made; and

(b) any identifying matter that is not covered by the order; and

(c) the extent to which publication of identifying matter is prohibited; and

(d) that the order ceases to have effect when the defendant is committed for trial or sentence or sentenced on the charge or when the charge is withdrawn, whichever happens first.

7D Interim orders

(1) If an application is made to the court for a non-publication order, the court may, without determining the merits of the application, make an order (an "interim order") prohibiting the publication of identifying matter relating to the defendant.

(2) An interim order has effect until––

(a) it is revoked by the court; or

(b) the court finally decides the application.

(3) If the court makes an interim order, the court must hear and decide the application as a matter of urgency and, where practicable, within 72 hours after making the interim order.

7E Review of non-publication order

(1) The court may review a non-publication order made by the court—

(a) on the court’s own motion; or

(b) on the application of a person mentioned in section 7C(1)(a) to (d).

(2) Each of the persons mentioned in section 7C(1)(a) to (d) is entitled to appear and be heard by the court on the review.

(3) On a review the court may confirm, vary or revoke the order.

7F Contravention of interim order or non-publication order

(1) A person must not contravene an interim order or a non-publication order.
[Note: Maximum penalty––

(a) for an individual––100 penalty units or 2 years imprisonment; or

(b) for a corporation––1,000 penalty units.

]
[Note: If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 12, to have also committed the offence.]

(2) However, a person does not commit an offence against subsection (1) merely because of a statement or representation made or published by the person––

(a) in a report specified in section 8(1); or

(b) for an authorised purpose mentioned in section 11.

54 Amendment of s 8 (Exempted reports)

(1) Section 8 (1), ‘6 and 7’—omit, insert —6 and 7F(1)

(2) Section 8 (2) —omit.

55 Amendment of s 9 (Act affords additional protection)

Section 9, ‘6 and 7’—

omit, insert —

6 and 7F

56 Amendment of s 10 (When other publication of complainant’s or defendant’s identity is prohibited)

(1) Section 10, heading, ‘or defendant’s’––omit.

(2) Section 10 (1), from ‘identification’ to ‘commits’––omit, insert ––identification of a complainant commits

(3) Section 10 (2), ‘ subsection (1) (a) ’––omit, insert ––subsection (1)

57 Amendment of s 10A (Provisions do not affect other laws)

Section 10A, ‘6, 7’—

omit, insert —

6, 7F

58 Amendment of s 11 (Authorised purposes)

Section 11 (1), ‘ section 10 ’––

omit, insert ––

sections 7F(2) and 10(1)

59 Amendment of s 12 (Executive officer may be taken to have committed offence)

(1) Section 12 (4), definition deemed executive liability provision, third dot point––omit.

(2) Section 12 (4), definition deemed executive liability provision, fourth dot point, ‘7(4)’––omit, insert ––7F(1)

60 Insertion of new pt 4, div 1, hdg

Part 4 ––

insert ––

61 Insertion of new pt 4, div 2

Part 4 ––

insert ––

62 Act amended

This part amends the District Court of Queensland Act 1967.

63 Insertion of new s 69A

After section 69 —

insert—

69A Preliminary disclosure orders

(1) The District Court has jurisdiction to make orders under this section.

(2) On application, the court may make, under the rules, a preliminary disclosure order for the purpose of enabling the applicant to—

(a) ascertain the identity or whereabouts of a prospective defendant; or

(b) make a decision about starting a relevant proceeding.

(3) In this section—

"identity", of a prospective defendant, includes the name and occupation, if any, of the prospective defendant.

"prospective defendant", in relation to an applicant, means a person against whom the applicant intends to start a relevant proceeding.

"relevant proceeding" means a proceeding for which the District Court has jurisdiction.

"whereabouts", of a prospective defendant, includes a place of residence, registered office, place of business or other location of the prospective defendant.

64 Act amended

This part amends the Electoral Act 1992.

65 Amendment of s 7 (Functions and powers of commission)

Section 7 (1) (g), ‘to’—

omit.

66 Amendment of s 51 (Making electoral redistribution)

Section 51 (1), ‘within 60 days’—

omit, insert—

as soon as practicable

67 Amendment of s 59 (Preparation of electoral rolls)

Section 59 (1) (b), before ‘the cut-off day’—

insert—

6p.m. on

68 Amendment of s 65 (Enrolment and transfer of enrolment)

(1) Section 65 (5), ‘from the end of’—omit, insert—from 6p.m. on

(2) Section 65 (7) (b) (i), after ‘after’—insert—6p.m. on

69 Amendment of s 101A (Supply of electoral rolls and ballot papers)

Section 101A (1) (a), after ‘as at’—

insert—

6p.m. on

70 Amendment of s 106 (Who may vote)

Section 106 (1) (d) (ii), after ‘after’—

insert—

6p.m. on

71 Amendment of s 114 (Who may make declaration vote)

Section 114 (2) (a) (iii), ‘ section 184A (2) (d) ’—

omit, insert—

section 184A(2)(b)

72 Amendment of s 121C (Audit of electronically assisted voting for an election)

(1) Section 121C —insert—

(2A) However, an audit does not need to be conducted in relation to a by-election unless the commissioner considers that there has been a significant change in the information technology used under the procedures for electronically assisted voting since the last audit was conducted.

(2) Section 121C (2A) to (5) —renumber as section 121C (3) to (6).

73 Insertion of new s 125A

After section 125 —

insert—

125A Saving of ballot papers not in declaration envelopes

(1) This section applies if—

(a) the commission or the returning officer for an electoral district receives an envelope (an "outer envelope") containing a ballot paper and a declaration envelope; but

(b) the ballot paper is not in the declaration envelope.

(2) Members of the commission’s staff must—

(a) examine the contents of the outer envelope under section 125 to determine whether the ballot paper in the outer envelope is to be accepted for counting; and

(b) deal with the ballot paper in the outer envelope under section 125 as if the ballot paper had been in the declaration envelope.

74 Amendment of s 305 (Definitions for division)

Section 305, before definition "participant" —

insert—

In this division—

75 Act amended

This part amends the Funeral Benefit Business Act 1982.

76 Amendment of s 5 (Definitions)

(1) Section 5, definition authorised accountant, paragraph (c), ‘The Institute of Chartered Accountants in Australia’—omit, insert—Chartered Accountants Australia and New Zealand

(2) Section 5, definition "part 4 corporation" —insert—
[Note: The Second-hand Dealers and Pawnbrokers Act 2003, section 139 commenced on 1 December 2003.]

77 Amendment of s 8 (Application of pt 3)

Section 8 —

insert—

78 Amendment of s 24 (Application of pt 4)

Section 24 —

insert—

79 Amendment of s 25 (Meaning of nominated property)

Section 25 —

insert—

80 Amendment of s 58 (Application of pt 6)

Section 58 —

insert—

81 Amendment of s 73 (Application of pt 7)

Section 73 —

insert—

82 Amendment of s 79 (Application of Trusts Act 1973)

Section 79 (2), ‘benefits’—

omit, insert—

benefit

83 Replacement of s 80 (Application of Trust Accounts Act 1973)

Section 80 —

omit, insert—

80 Application of Trust Accounts Act 1973

(1) If a payment is made by or on behalf of a contributor to an entity under a funeral benefit agreement—

(a) the entity is a trustee under the Trust Accounts Act 1973; and

(b) the payment is trust moneys within the meaning of the Trust Accounts Act 1973.

(2) Subsection (1)(a) does not apply to—

(a) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth); or

(b) a company registered under the Life Insurance Act 1995 (Cwlth).

[Note: See the Trust Accounts Act 1973, section 4AA.]

84 Act amended

This part amends the Human Rights Act 2019.

85 Amendment of s 52 (Notice to Attorney-General and commission)

Section 52 (1) (a), ‘Supreme Court or District Court’—

omit, insert—

Supreme Court, District Court, Land Court or Land Appeal Court

86 Act amended

This part amends the Justices of the Peace and Commissioners for Declarations Act 1991.

87 Amendment of s 3 (Definitions)

(1) Section 3, definition criminal history —omit.

(2) Section 3 —insert—

"appointee", for part 3A, see section 31A.

"appointment", for part 3A, see section 31A.

"approved training course", for part 3A, see section 31A.

"code of conduct" means a code of conduct in effect under section 31G.

"conviction" means a finding of guilt or acceptance of a plea of guilty by a court, whether or not a conviction is recorded.

"criminal history" of a person—

(a) means the person’s convictions of offences committed in Queensland or elsewhere; and

(b) despite the Criminal Law (Rehabilitation of Offenders) Act 1986, section 6, includes spent convictions.

"disqualifying conviction" see section 17A.

"ground for revoking an appointment", for part 3A, see section 31A.

"information notice" means a notice complying with the QCAT Act, section 157(2).

"investigator’s report", for part 3A, see section 31A.

88 Amendment of s 15 (Appointments of justices of the peace and commissioners for declarations)

Section 15 (5) —

omit.

89 Insertion of new s 15A

After section 15 —

insert—

15A Application for appointment

(1) A person may apply to the chief executive for appointment as a justice of the peace or commissioner for declarations.

(2) The application must be—

(a) in the approved form; and

(b) accompanied by the fee prescribed by regulation; and

(c) otherwise made in the way prescribed by regulation.

(3) The chief executive must consider the application and decide under this part whether or not the person is qualified for appointment.

(4) If the person has a disqualifying conviction—

(a) the application must include an application for an exemption under section 17B (an "exemption application") in relation to the conviction; and

(b) the chief executive must decide the exemption application before deciding whether the person is qualified for appointment.

(5) The chief executive may ask the person for further information the chief executive needs to decide the application.

(6) The application lapses if—

(a) the chief executive gives the applicant a notice—

(i) asking the applicant to do something to comply with this section including, for example, submitting an exemption application that is required under subsection (4)(a); or

(ii) asking the applicant for further information under subsection (5); and

(b) the chief executive states a day (the "due day"), at least 30 days after the day the notice is given, by which the applicant must comply with the request; and

(c) the applicant does not comply with the request by the due day or any later day allowed by the chief executive.

(7) If the chief executive decides the person is qualified for appointment—

(a) the chief executive must notify the Minister of the decision; and

(b) the Minister must recommend to the Governor in Council that the person be appointed.

(8) If the chief executive decides the person is not qualified for appointment—

(a) the chief executive must give the person an information notice for the decision; and

(b) the person may apply to QCAT, as provided under the QCAT Act, for a review of the decision.

90 Replacement of ss 16 and 17

Sections 16 and 17 —

omit, insert—

16 Qualification for appointment

(1) Subject to subsection (2), a person is qualified for appointment as a justice of the peace or a commissioner for declarations if—

(a) the chief executive is satisfied under section 17 that the person is suitable for appointment; and

(b) the person is an adult; and

(c) for a person other than an Australian lawyer—the person has completed any pre-appointment training course; and

(d) the person is an Australian citizen; and

(e) the person—

(i) ordinarily resides in Queensland; or

(ii) works, or proposes to work, in Queensland and cannot perform that work unless the person is a justice of the peace or a commissioner for declarations.

(2) A person is not qualified for appointment as a justice of the peace or a commissioner for declarations if—

(a) the person is an insolvent under administration; or

(b) the person has a disqualifying conviction; or

(c) a previous appointment of the person as a justice of the peace or a commissioner for declarations was revoked within the previous 5 years.

(3) In this section—

"pre-appointment training course" means a training course approved under section 32(1)(a).

17 Suitability for appointment

(1) In deciding whether a person is suitable to be appointed as a justice of the peace or a commissioner for declarations, or continue to hold office, the chief executive may consider—

(a) the person’s character and standing in the community; and

(b) anything that may affect the person’s ability to competently fulfil the duties of a justice of the peace or a commissioner for declarations; and

(c) whether the person has ever—

(i) held an occupational licence that has been suspended or revoked; or

(ii) been disqualified from holding an occupational licence; and

(d) whether the person has ever been convicted of an offence and, if so—

(i) the number of offences of which the person has been convicted; and

(ii) the following matters relating to each offence—

(A) the nature and seriousness of the offence;

(B) the penalty imposed for the offence;

(C) the person’s age when they committed the offence;

(D) how long ago the person committed the offence; and

(e) for a person holding office or who has held office—whether the person has ever contravened the code of conduct without reasonable excuse and, if so, the number, recency, nature and seriousness of the contraventions; and

(f) anything else relevant to the person’s suitability to hold office.

(2) In this section—

"occupational licence" means a licence, permit or other authority to work in a profession, business, trade or industry.

"office" means office as an appointed justice of the peace or appointed commissioner for declarations.

"revoked" includes cancelled.

17A Disqualifying convictions

(1) A "disqualifying conviction" is—

(a) a conviction, including a spent conviction, for—

(i) an indictable offence; or

(ii) an offence involving dishonesty; or

(iii) an offence involving a breach of confidentiality; or

(iv) an offence against this Act; or

(b) a conviction, including a spent conviction, for an offence for which a sentence of imprisonment was imposed, even if the sentence was suspended.

(2) However, a conviction of a person is not a "disqualifying conviction" if the chief executive has granted the person an exemption under section 17B in relation to the conviction.

17B Exemptions for disqualifying convictions

(1) A person who is a justice of the peace or commissioner for declarations, or is applying under section 15A for appointment, may apply to the chief executive for an exemption in relation to a conviction mentioned in section 17A(1).

(2) The application must be—

(a) in the approved form; and

(b) accompanied by the fee prescribed by regulation; and

(c) otherwise made in the way prescribed by regulation.

(3) The chief executive may grant the exemption if satisfied—

(a) it would be appropriate to grant the exemption, having regard to the matters mentioned in section 17(1)(d); and

(b) because of special circumstances, it would be in the public interest to appoint the person as a justice of the peace or a commissioner for declarations or allow the person to continue to hold that office.
[Note: A particular community has needs that may not be sufficiently and appropriately served unless the person is appointed or continues in office.]

(4) The chief executive may not grant the exemption if the conviction is for an offence against this Act.

(5) The chief executive may ask the person for further information the chief executive needs to decide the application.

(6) The application lapses if—

(a) the chief executive gives the applicant a notice—

(i) asking the applicant to do something to comply with this section; or

(ii) asking the applicant for further information under subsection (5); and

(b) the chief executive states a day (the "due day"), at least 30 days after the day the notice is given, by which the applicant must comply with the request; and

(c) the applicant does not comply with the request by the due day or any later day allowed by the chief executive.

(7) If the chief executive decides to grant the exemption, the chief executive must give the person written notice of the decision.

(8) If the chief executive decides not to grant the exemption—

(a) the chief executive must give the person an information notice for the decision; and

(b) the person may apply to QCAT, as provided under the QCAT Act, for a review of the decision.

91 Omission of s 18 (Cessation of office on disqualification)

Section 18 —

omit.

92 Insertion of new s 22A

After section 22 —

insert—

22A End of appointment A person stops holding office as an appointed justice of the peace or appointed commissioner for declarations if—

(a) the person resigns from office under section 23; or

(b) the Governor in Council revokes the person’s appointment under section 24; or

(c) the person stops holding the office under section 25; or

(d) the person—

(i) stops being an Australian citizen; or

(ii) becomes an insolvent under administration.

93 Amendment of s 24 (Revocation of appointment)

(1) Section 24 (1), ‘for such reason as the Governor in Council thinks fit’—omit.

(2) Section 24 (1) —insert—
[Note: See part 3A (Suspension and revocation of appointments).]

94 Amendment of s 26 (Notification of cessation of office)

(1) Section 26 (1), from ‘by virtue’ to ‘this Act’—omit, insert—as mentioned in section 22A(d)

(2) Section 26 (2), from ‘by virtue’ to ‘this Act’—omit, insert—as mentioned in section 22A(d)

95 Amendment of s 27 (Return of certificate of registration and seal of office)

(1) Section 27 (1), ‘under section 17 (1) (a), (b) or (c),’—omit, insert—as mentioned in section 22A(d)

(2) Section 27 (2), ‘ section 25 (3) (b),’—omit, insert—section 25(4)(b)

96 Insertion of new pt 3A

After part 3 —

insert—

97 Insertion of new s 31G

Before section 32 —

insert—

31G Code of conduct

(1) The chief executive may make a code of conduct for justices of the peace and commissioners for declarations.

(2) The code must be approved by regulation and takes effect—

(a) on the day it is approved; or

(b) if a later day is fixed in the code—on that day.

(3) When a regulation under subsection (2) is tabled in the Legislative Assembly under the Statutory Instruments Act 1992, section 49, it must be accompanied by a copy of the approved code.

(4) The chief executive must ensure that, while the code is in effect, it is published on the whole-of-government website.

(5) In this section—

"whole-of-government website" means—

(a) www.qld.gov.au; or

(b) another website prescribed by regulation.

98 Amendment of s 32 (Approved training courses)

(1) Section 32, ‘Minister’—omit, insert—chief executive

(2) Section 32 —insert—

(2) The chief executive may, by notice given to an appointed justice of the peace or appointed commissioner for declarations, require them to complete an approved training course by a stated day.

99 Amendment of s 33 (Inquiries about person’s appropriateness to hold office)

Section 33 (4) —

omit, insert—

(4) The commissioner may also notify the chief executive if an appointee is charged with, or convicted of, an offence.

(5) A notification under subsection (4) may be made under arrangements between the commissioner and the chief executive, including an arrangement for the electronic transfer of information.

(6) In this section—

"appointee" means a person holding office as an appointed justice of the peace or appointed commissioner for declarations.

100 Insertion of new s 33A

After section 33 —

insert—

33A Confidentiality

(1) This section applies to a person who—

(a) is, or has been, a public service employee performing functions under or relating to the administration of this Act; and

(b) in that capacity, has acquired or has access to personal information about another person.

(2) The person must not disclose the information to anyone else, or use the information, other than under this section.
[Note: Maximum penalty—20 penalty units.]

(3) The person may disclose or use the information—

(a) to the extent the disclosure or use is—

(i) necessary to perform the person’s functions under or relating to this Act; or

(ii) otherwise required or permitted under this Act or another law; or

(b) with the consent of the person to whom the information relates; or

(c) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.

(4) In this section—

"disclose" includes give access to.

"information" includes a document.

"personal information" means information about a person’s affairs.

101 Amendment of s 34 (Wrongfully acting as justice of the peace or commissioner for declarations)

Section 34 —

insert—

(3) In a proceeding for an offence against subsection (1), it is a defence for the person to prove that, at the time they assumed to act in the office, they did not know, and could not reasonably be expected to have known, that they did not hold the office.

102 Insertion of new s 34A

After section 34 —

insert—

34A Validity of particular acts Anything done by a person in the person’s purported capacity as an appointed justice of the peace or appointed commissioner for declarations is not invalid only because, at the time the thing was done—

(a) the person was not validly appointed under section 15; or

(b) the person’s appointment—

(i) had lapsed under section 21; or

(ii) had ended as mentioned in section 22A; or

(iii) was suspended under section 31C.

103 Amendment of s 39 (Evidentiary provisions)

Section 39 (1) (a) (iv), from ‘a person’ to ‘occurred’—

omit, insert—

an insolvent under administration or a person with a stated conviction

104 Insertion of new s 41A

After section 41 —

insert—

41A Citizenship requirement for continuing justices Section 16(1)(d) does not apply to a person who, on the commencement of this Act, continued in office as a justice of the peace under section 41(a) and has continuously held that office since that time.

105 Regulation amended

This part amends the Justices Regulation 2014.

106 Amendment of sch 3 (Fees)

Schedule 3, item 1, second column, ‘101.40’—

omit, insert—

105.35

107 Act amended

This part amends the Legal Profession Act 2007.

108 Amendment of s 30 (Eligibility for admission to the legal profession under this Act)

Section 30 (1) —

insert—

(d) has sufficient knowledge of written and spoken English to engage in legal practice.

109 Amendment of s 300 (Definitions for pt 3.4)

(1) Section 300 —insert—

"detailed disclosure threshold amount" means—

(a) the amount prescribed by regulation for this definition; or

(b) if no amount is prescribed—$3,000.

"disclosure threshold amount" means—

(a) the amount prescribed by regulation for this definition; or

(b) if no amount is prescribed—$750.

(2) Section 300, definition sophisticated client, ‘ section 308 or 309 (1) ’—omit, insert—section 307B, 308 or 309(1)

110 Insertion of new ss 307A and 307B

Before section 308 —

insert—

307A When disclosure is not required A law practice is not required to make a disclosure under this division for a matter if the total amount of the legal costs in the matter, excluding disbursements and exclusive of GST, is not likely to exceed the disclosure threshold amount.

307B Abbreviated disclosure of costs to clients

(1) A law practice may make a disclosure under this section for a matter if the total amount of the legal costs in the matter, excluding disbursements and exclusive of GST, is not likely to exceed the detailed disclosure threshold amount.

(2) The law practice must disclose to the client under this division—

(a) in general terms, the legal services that will be provided to the client; and

(b) the basis on which legal costs will be calculated, including whether a scale of costs applies to any of the legal costs; and

(c) an estimate of the total amount of the legal costs; and

(d) an estimate of the total amount of disbursements; and

(e) the client’s right to—

(i) negotiate a costs agreement with the law practice; and

(ii) receive a bill from the law practice; and

(iii) request an itemised bill after receipt of a lump sum bill; and

(iv) be notified under section 315 of any substantial change to the matters disclosed under this section.

111 Amendment of s 308 (Disclosure of costs to clients)

(1) Section 308, heading, ‘Disclosure’—omit, insert—Detailed disclosure

(2) Section 308, before subsection (1) —insert—

(1AA) This section applies in relation to a matter if the total amount of the legal costs in the matter, excluding disbursements and exclusive of GST, is likely to exceed the detailed disclosure threshold amount.

(1AB) This section also applies in relation to a matter if—

(a) the total amount of the legal costs in the matter, excluding disbursements and exclusive of GST, is likely to exceed the disclosure threshold amount; and

(b) the law practice does not make a disclosure to the client about the matter under section 307B.

(1AC) This section may apply to a matter under subsection (1) even if the law practice has previously made a disclosure to the client about the matter under section 307B.

(3) Section 308 (1), ‘A law practice must disclose to a client’—omit, insert—The law practice must disclose to the client

(4) Section 308 (1) (e), ‘ subsection (2) ’—omit, insert—subsection (5)

(5) Section 308 (2), ‘ subsection (1) (e) ’—omit, insert—subsection (4)(e)

(6) Section 308 (4), ‘ subsection (1) (f) ’—omit, insert—subsection (4)(f)

(7) Section 308 (5), ‘ subsection (1) (b) (i) ’—omit, insert—subsection (4)(b)(i)

(8) Section 308 (1AA) to (5) —renumber as section 308 (1) to (8).

112 Amendment of s 309 (Disclosure if another law practice is to be retained)

(1) Section 309 (1) —omit, insert—

(1) If a law practice intends to retain another law practice on behalf of a client, the first law practice must disclose to the client—

(a) if the law practice makes a disclosure to the client under section 307B—the details mentioned in section 307B(2)(b), (c) and (d) in relation to the other law practice; or

(b) if the law practice makes a disclosure to the client under section 308—the details mentioned in section 308(4)(a), (c) and (d) in relation to the other law practice.

(1A) The disclosure required under subsection (1) is in addition to the disclosure required under section 307B or 308.

(2) Section 309 (2), ‘ section 308 ’—omit, insert—section 307B or 308

113 Replacement of s 310 (How and when must disclosure be made to a client)

Section 310 —

omit, insert—

310 When disclosure must be made

(1) Disclosure under section 307B or 308 must be made before, or as soon as practicable after, a law practice is retained in a matter.

(2) However—

(a) if, under section 307A, no disclosure is made at the time a law practice is retained in a matter, disclosure under section 307B or 308 must be made as soon as practicable after section 307A ceases to apply; and

(b) if disclosure is made under section 307B in relation to a matter, disclosure under section 308 must be made as soon as practicable after section 308 starts to apply.

(3) Disclosure under section 309(1) must be made before, or as soon as practicable after, the other law practice is retained.

310A How disclosure must be made

(1) Disclosure under section 307B—

(a) may be made orally or in writing; but

(b) if made orally, must be confirmed in writing as soon as practicable after the time that disclosure must be made under section 310.

(2) Subsection (1)(b) does not apply if the law practice’s provision of legal services for the matter is completed before the confirmation in writing is required.

(3) Disclosure under section 308 must be made in writing.

(4) Disclosure under section 309(1) must be made—

(a) if disclosure to the client has been made under section 307B—orally or in writing; or

(b) if disclosure to the client has been made under section 308—in writing.

(5) Disclosure under section 307B, 308 or 309(1) may be made in a costs agreement or an offer to enter into a costs agreement but, in that case, the disclosure must be in a prominent position at the beginning of the agreement or offer.

114 Amendment of s 311 (Exceptions to requirement for disclosure)

(1) Section 311 (1), ‘ section 308 or 309 (1) ’—omit, insert—section 307B, 308 or 309(1)

(2) Section 311 (1) (a) —omit.

(3) Section 311 (1) (b) (i), ‘ section 308 or 309 (1) ’—omit, insert—section 307A, 308 or 309(1)

(4) Section 311 (2) —omit.

(5) Section 311 (5) (b), ‘ section 308 ’—omit, insert—section 307B or 308

115 Amendment of s 581B (Reference to document includes reference to reproductions from electronic document)

Section 581B (2) —

omit.

116 Amendment of s 581D (Powers of special investigators)

Section 581D (5) —

omit.

117 Amendment of s 598 (Constitution of tribunal)

(1) Section 598 (1), ‘For’—omit, insert—Subject to subsections (2) and (3), for

(2) Section 598 —insert—

(1A) For a proceeding on an application under section 328, the tribunal is to be constituted by a judicial member.

(3) Section 598 (2), from ‘However’ to ‘proceeding’—omit, insert—For a proceeding for which the tribunal has not been constituted

(4) Section 598 (1A) to (3) —renumber as section 598 (2) to (4).

118 Insertion of new s 713A

After section 713 —

insert—

713A Destruction of client documents

(1) A law practice may destroy a client document relating to a matter if—

(a) it is at least 7 years since the completion of the matter; and

(b) the law practice has been unable, despite making reasonable efforts, to obtain instructions from the client about the destruction of the document; and

(c) it is reasonable in the circumstances, having regard to the nature and content of the document, to destroy the document.

(2) Destruction of a client document by a law practice, other than as provided by subsection (1) or on instructions from the client, is capable of constituting unsatisfactory professional conduct or professional misconduct on the part of—

(a) any Australian legal practitioner involved in the destruction; and

(b) if an associate of the law practice involved in the destruction is not a principal of the law practice—a principal of the practice.

(3) The law society may destroy a client document relating to a matter if—

(a) the law society holds the document because of the appointment, under part 5.5, of a receiver for the law practice that was engaged by the client to provide legal services for the matter; and

(b) it is at least 7 years since the end of the law practice’s engagement by the client to provide legal services for the matter; and

(c) the law society has been unable, despite making reasonable efforts, to obtain instructions from the client about the destruction of the document; and

(d) it is reasonable in the circumstances, having regard to the nature and content of the document, to destroy the document.

(4) In this section—

"client document" means a document to which a client is entitled.

"law practice" includes a community legal service.

119 Amendment of sch 2 (Dictionary)

Schedule 2 —

insert—

"detailed disclosure threshold amount", for chapter 3, part 3.4, see section 300.

"disclosure threshold amount", for chapter 3, part 3.4, see section 300.

120 Regulation amended

This part amends the Legal Profession Regulation 2017.

121 Amendment of s 70 (Exceptions to requirement for disclosure—Act, s 311)

(1) Section 70 (1) —omit.

(2) Section 70 (2), ‘ section 308 or 309 (1) ’—omit, insert—section 307B, 308 or 309(1)

122 Act amended

This part amends the Limitation of Actions Act 1974.

123 Amendment of s 18 (Accrual of right of action in cases of certain tenancies)

Section 18 (2A), ‘the tenancy’—

omit, insert—

a tenancy to which subsection (2) applies

124 Act amended

This part amends the Magistrates Act 1991.

125 Amendment of s 12 (Functions of Chief Magistrate)

(1) Section 12 (2) (f), ‘supervising magistrate’—omit, insert—regional coordinating magistrate

(2) Section 12 (5) —omit.

(3) Section 12 (6) to (8) —renumber as section 12 (5) to (7).

126 Amendment of s 19 (Presiding at meetings)

Section 19 (1), ‘deputy’—

omit, insert—

chairperson

127 Amendment of s 47 (Terms and conditions of employment—full-time and part-time magistrates)

(1) Section 47 (3) —omit.

(2) Section 47 (4) and (5) —renumber as section 47 (3) and (4).

128 Act amended

This part amends the Magistrates Courts Act 1921.

129 Insertion of new s 4AB

After section 4AA —

insert—

4AB Preliminary disclosure orders

(1) A Magistrates Court has jurisdiction to make orders under this section.

(2) On application, the court may make, under the rules, a preliminary disclosure order for the purpose of enabling the applicant to—

(a) ascertain the identity or whereabouts of a prospective defendant; or

(b) make a decision about starting a relevant proceeding.

(3) In this section—

"identity", of a prospective defendant, includes the name and occupation, if any, of the prospective defendant.

"prospective defendant", in relation to an applicant, means a person against whom the applicant intends to start a relevant proceeding.

"relevant proceeding" means a proceeding for which a Magistrates Court has jurisdiction.

"whereabouts", of a prospective defendant, includes a place of residence, registered office, place of business or other location of the prospective defendant.

130 Act amended

This part amends the Motor Accident Insurance Act 1994.

131 Amendment of s 4 (Definitions)

(1) Section 4, definitions "declared costs limit", "lower offer limit" and "upper offer limit" —omit.

(2) Section 4 —insert—

"declared costs limit" means the amount fixed by the Minister under section 100A as the declared costs limit.

"lower offer limit" means the amount fixed by the Minister under section 100A as the lower offer limit.

"upper offer limit" means the amount fixed by the Minister under section 100A as the upper offer limit.

(3) Section 4, definition industry deed, editor’s note—omit, insert—
[Note: For a statement of the subjects that may be covered by the industry deed, see section 65.]

132 Amendment of s 30 (Transfer of CTP business)

Section 30 (4), editor’s note—

omit.

133 Amendment of s 33 (Nominal Defendant as the insurer)

Section 33 (6), editor’s note—

omit.

134 Replacement of s 100A (Indexation of particular amounts)

Section 100A —

omit, insert—

100A Indexation of particular amounts

(1) The Minister must, before each financial year starts, make a notice for the financial year fixing—

(a) an amount as the declared costs limit; and

(b) an amount as the lower offer limit; and

(c) an amount as the upper offer limit.

(2) The amount fixed for a limit is to be the amount last fixed by the Minister for the limit adjusted by the percentage change in average weekly earnings between the current financial year and the last financial year and rounded to the nearest 10 dollars (rounding one-half upwards).

(3) However, subsection (4) applies if—

(a) the percentage change in average weekly earnings between the current financial year and the last financial year would reduce or would not change the amount fixed as the limit; or

(b) the percentage change in average weekly earnings between the current financial year and the last financial year is not available from the Australian Statistician.

(4) The Minister must fix an amount for each limit that is not less than the amount for the limit last fixed by the Minister.

(5) The Minister’s notice is subordinate legislation.

(6) Despite subsection (1), the Minister may make a notice for a financial year, after 1 July in the financial year, that has retrospective operation to 1 July in the financial year.

(7) Subsection (6) applies despite the Statutory Instruments Act 1992, section 34.

(8) In this section—

"current financial year", for a notice, means the financial year immediately before the financial year for which the notice is made.

"last financial year", for a notice, means the financial year immediately before the current financial year.

135 Insertion of new pt 7, div 8

Part 7 —

insert—

136 Amendment of sch (Policy of insurance)

Schedule, section 1 (3) (a), ‘Editor’s note—’—

omit, insert—

Note—

137 Act amended

This part amends the Oaths Act 1867.

138 Amendment of s 1B (Definitions)

(1) Section 1B, definition confirm —omit.

(2) Section 1B —insert—

"confirm", a document, means attest or otherwise confirm a document by signing the document.

(3) Section 1B, definitions "document", "electronic document" and "physical document" —omit.

(4) Section 1B —insert—

"physical document" means a document other than an electronic document.

139 Amendment of s 12 (Special witnesses)

Section 12 (1) (b) —

omit, insert—

(b) a government legal officer under the Legal Profession Act 2007 who—

(i) is an Australian lawyer but not an Australian legal practitioner; and

(ii) witnesses documents in the course of the government work engaged in by the officer; or

140 Amendment of pt 4, div 2, hdg (General requirement for affidavits and declarations)

Part 4, division 2, heading, ‘requirement’—

omit, insert—

requirements

141 Insertion of new s 13AA and 13AB

Before section 13A —

insert—

13AA Application of division This division applies in relation to an affidavit or declaration—

(a) whether the signatory, substitute signatory or witness is present in person or by audio visual link; and

(b) whether the affidavit or declaration is physically signed or electronically signed.

[Note: See also part 6A for additional requirements for an affidavit or declaration made by audio visual link.]

13AB Execution requirements

(1) An affidavit or declaration must be in writing.

(2) An affidavit or declaration is executed only if it is—

(a) witnessed under this part and, if applicable, part 6A; and

(b) signed by the signatory or a substitute signatory; and

(c) confirmed by the witness for the document.
[Note: See also section 31U in relation to how a person who witnesses a document by audio visual link must confirm the document.]

(3) If an affidavit or declaration is to be filed or admitted into evidence in a proceeding, subsection (2) applies subject to a rule of court or practice direction applying to the document.

(4) Subsection (2) does not limit a requirement relating to an affidavit or declaration under another Act or law.

142 Amendment of s 13A (Accepted method for electronically signing affidavits or declarations)

Section 13A, heading, ‘affidavits or declarations’—

omit, insert—

affidavit or declaration

143 Amendment of s 13B (Jurat of affidavit)

Section 13B (2) (e) —

omit, insert—

(e) that the signatory understands that a person who makes an affidavit that the person knows is false in a material particular commits an offence.

144 Amendment of s 13C (Statement in declaration)

Section 13C (2) (e) —

omit, insert—

(e) that the signatory understands that a person who makes a declaration that the person knows is false in a material particular commits an offence.

145 Replacement of ss 13D and 13E

Sections 13D and 13E —

omit, insert—

13D General requirements for witnessing affidavit or declaration A witness for an affidavit or declaration must not confirm the document unless—

(a) the person takes reasonable steps to verify—

(i) the identity of the signatory; and

(ii) that the name of the signatory matches the name of the signatory written on or in the document; and

(b) the person is satisfied the signatory is—

(i) freely and voluntarily signing the document; or

(ii) freely and voluntarily directing the substitute signatory to sign the document.

[Note: See also section 31T in relation to witnessing a document by audio visual link.]

13E Information to be included about witness

(1) A special witness for an affidavit or declaration that is electronically signed or witnessed by audio visual link must include the following information on the document—

(a) the witness’s full name;

(b) that the witness is a special witness;

(c) the type of special witness under section 12(1) that the witness is;
[Note:

• an Australian legal practitioner

• a justice approved by the chief executive under section 12(2)

• a commissioner for declarations approved by the chief executive under section 12(2)

]

(d) for a witness who is an Australian legal practitioner and an employee of, or a partner in, a law practice—the name of the law practice;

(e) for a witness who is not a witness mentioned in paragraph (d) and not a special witness under section 12(1)(c)—

(i) the name of the witness’s place of employment; or

(ii) the witness’s employment address or home address; or

(iii) the witness’s telephone number; or

(iv) the witness’s email address;

(f) for a document witnessed by audio visual link—that the witness understands, and has complied with, the requirements for witnessing a document by audio visual link;

(g) other information prescribed by regulation for this subsection.

[Note: Jane Anne DoeAustralian legal practitioner, ABC LegalSpecial witness under the Oaths Act 1867I understand the requirements for witnessing a document by audio visual link and have complied with those requirements.]

(2) A witness for an affidavit or declaration that is physically signed in the physical presence of the witness must include the following information on the document—

(a) the witness’s full name;

(b) the type of witness under section 16A or 16B that the witness is;
[Note:

• a lawyer

• a justice of the peace

]

(c) for a witness who is not a justice or commissioner for declarations under the law of the State, the Commonwealth or another State—

(i) the name of the witness’s place of employment; or

(ii) the witness’s employment address or home address; or

(iii) the witness’s telephone number; or

(iv) the witness’s email address;

(d) other information prescribed by regulation for this subsection.

(3) A witness for an affidavit or declaration who is a person prescribed by regulation under section 16A(1)(e), 16B(1)(d), 16C(2), 31Q(2) or 31S(1) must include the following information on the document—

(a) the witness’s full name;

(b) other information prescribed by regulation for this subsection.

[Note: See also the Justices of the Peace and Commissioners for Declarations Act 1991, section 31 for other requirements applying to a justice of the peace or commissioner for declarations.]

146 Insertion of new ss 13G and 13H

After section 13F —

insert—

13G Substitute signatories

(1) The signatory for an affidavit or declaration may direct another person (a "substitute signatory") to sign the document for them.

(2) However, each of the following persons is excluded from signing an affidavit or declaration as a substitute signatory—

(a) a person witnessing the document;

(b) if the document is to be filed or admitted into evidence in a proceeding by or for a party—a person who is another party to the proceeding or a relation of another party to the proceeding.

[Note: See also section 31P for further limitations on who may be a substitute signatory if the direction to sign is given by audio visual link. A person may also be excluded under another Act or law from signing a document as a substitute signatory.]

(3) In this section—

"relation", of a person, see the Powers of Attorney Act 1998, schedule 3.

13H Witnessing signature of substitute signatory

(1) This section applies if the signatory for an affidavit or declaration directs a substitute signatory to sign the document for them.

(2) The witness for the signing of the affidavit or declaration by the substitute signatory must—

(a) observe the signatory direct the substitute signatory to sign the document; and

(b) be satisfied that the substitute signatory is not excluded from signing the document as the substitute signatory under section 13G or 31P.

[Note: See also section 13D for other requirements relating to a witness for an affidavit or declaration.]

147 Amendment of s 16A (Who may witness affidavits)

Section 16A (1) (e), ‘section’—

omit, insert—

subsection

148 Amendment of s 16B (Who may witness declarations)

Section 16B (1) (d), ‘section’—

omit, insert—

subsection

149 Amendment of s 16C (Affidavit or declaration electronically signed in physical presence of witness)

(1) Section 16C (1), note—omit.

(2) Section 16C (2), ‘section’—omit, insert—subsection

(3) Section 16C (3), ‘this section’—omit, insert—that subsection

150 Amendment of s 31B (Definitions for part)

Section 31B, definition confirm —

omit.

151 Amendment of s 31E (Presence by audio visual link)

Section 31E (b), ‘ section 31S ’—

omit, insert—

section 31Q(2) or 31S(1)

152 Amendment of s 31J (Presence by audio visual link)

Section 31J (b), ‘ section 31S ’—

omit, insert—

section 31Q(2) or 31S(1)

153 Replacement of s 31P (Persons who may be directed to sign)

Section 31P —

omit, insert—

31P Who may be a substitute signatory A person may be directed by audio visual link to sign a document for a signatory only if the person is—

(a) an Australian legal practitioner; or

(b) a government legal officer under the Legal Profession Act 2007 who—

(i) is an Australian lawyer but not an Australian legal practitioner; and

(ii) witnesses documents in the course of the government work engaged in by the officer; or

(c) an employee of the public trustee.

[Note: See also section 13G.]

154 Amendment of s 31Q (Substitute signatory signing in physical presence of witness requires special witness)

(1) Section 31Q, heading, after ‘special witness’—insert—or another prescribed person

(2) Section 31Q (2), after ‘for the document’—insert—or another person prescribed by regulation for this subsection

(3) Section 31Q —insert—

(2A) However, a regulation made under subsection (2) may provide that a person prescribed for that subsection—

(a) may witness a document only of a prescribed type and subject to any prescribed conditions; or

(b) may not witness a document of a prescribed type.

(4) Section 31Q (2A) and (3) —renumber as section 31Q (3) and (4).

155 Omission of s 31R (Witness must observe direction and verify particular matters)

Section 31R —

omit.

156 Amendment of s 31S (Witness must be special witness or another prescribed person)

(1) Section 31S (1), ‘section’—omit, insert—subsection

(2) Section 31S (2), ‘this section’—omit, insert—that subsection

157 Replacement of s 31T (General requirements for witnessing documents)

Section 31T —

omit, insert—

31T General requirements for witnessing documents A document may be witnessed by audio visual link only if—

(a) the audio visual link enables the witness to be satisfied, by the sounds and images made by the link, that the signatory or substitute signatory is signing the document; and

(b) the witness forms the satisfaction under paragraph (a) in real time.

[Note: See also sections 13D, 13E and 13H for additional requirements.]

158 Regulation amended

This part amends the Oaths Regulation 2022.

159 Omission of ss 2A and 2B

Sections 2A and 2B —

omit.

160 Amendment of s 3 (Information witness must include on affidavit—Act, s 13E)

Section 3, ‘ section 13E (d) ’—

omit, insert—

section 13E(3)

161 Amendment of s 4 (Prescribed persons for witnessing affidavits—Act, s 16A)

Section 3, ‘ section 16A (1) (e) ’—

omit, insert—

section 16A(1)

162 Act amended

This part amends the Ombudsman Act 2001.

163 Amendment of s 31 (Power of court if noncompliance with investigation requirement)

Section 31 (3), note, from ‘ chapter 11 ’—

omit, insert—

164 Act amended

This part amends the Penalties and Sentences Act 1992.

165 Amendment of s 9 (Sentencing guidelines)

(1) Section 9 —insert—

(9C) In determining the appropriate sentence for an offender convicted of a relevant serious offence committed in relation to a pregnant person that resulted in destroying the life of the person’s unborn child, the court must treat the destruction of the unborn child’s life as an aggravating factor, unless the court considers it is not reasonable because of the exceptional circumstances of the case.

(2) Section 9 (12) —insert—

"relevant serious offence" means an offence against—

(a) the following provisions of the Criminal Code —

(i) sections 302 and 305;

(ii) sections 303 and 310;

(iii) section 320;

(iv) section 323;

(v) section 328A;

(vi) section 339; and

(b) the Transport Operations (Road Use Management) Act 1995, section 83.

166 Amendment of s 179I (Definitions for part)

Section 179I, definition victim, after ‘ section 5 (3) ’—

insert—

or (5)

167 Act amended

This part amends the Personal Injuries Proceedings Act 2002.

168 Replacement of s 75A (Indexation of particular amounts)

Section 75A —

omit, insert—

75A Indexation of particular amounts

(1) The Minister must, before each financial year starts, make a notice for the financial year fixing—

(a) an amount as the declared costs limit; and

(b) an amount as the lower offer limit; and

(c) an amount as the upper offer limit.

(2) The amount fixed for a limit is to be the amount last fixed by the Minister for the limit adjusted by the percentage change in average weekly earnings between the current financial year and the last financial year and rounded to the nearest 10 dollars (rounding one-half upwards).

(3) However, subsection (4) applies if—

(a) the percentage change in average weekly earnings between the current financial year and the last financial year would reduce or would not change the amount fixed as the limit; or

(b) the percentage change in average weekly earnings between the current financial year and the last financial year is not available from the Australian Statistician.

(4) The Minister must fix an amount for the limit that is not less than the amount for the limit last fixed by the Minister.

(5) The Minister’s notice is subordinate legislation.

(6) Despite subsection (1), the Minister may make a notice for a financial year, after 1 July in the financial year, that has retrospective operation to 1 July in the financial year.

(7) Subsection (6) applies despite the Statutory Instruments Act 1992, section 34.

(8) In this section—

"current financial year", for a notice, means the financial year immediately before the financial year for which the notice is made.

"last financial year", for a notice, means the financial year immediately before the current financial year.

169 Insertion of new ch 4, pt 10

Chapter 4 —

insert—

170 Amendment of sch 1 (Dictionary)

(1) Schedule 1, definitions "declared costs limit", "lower offer limit" and "upper offer limit" —omit.

(2) Schedule 1 —insert—

"declared costs limit" means the amount fixed by the Minister under section 75A as the declared costs limit.

"lower offer limit" means the amount fixed by the Minister under section 75A as the lower offer limit.

"upper offer limit" means the amount fixed by the Minister under section 75A as the upper offer limit.

171 Act amended

This part amends the Public Guardian Act 2014.

172 Amendment of s 26 (Power of court if noncompliance with attendance notice)

Section 26 (3), note, from ‘ chapter 11 ’—

omit, insert—

173 Replacement of s 113 (Resignation, suspension and termination of community visitor)

Section 113 —

omit, insert—

113 Vacancy in office

(1) The office of a community visitor becomes vacant and the person’s appointment as a community visitor ends if—

(a) the community visitor completes a fixed term and is not reappointed; or

(b) the community visitor resigns by notice of resignation given to the public guardian—

(i) at least 2 weeks before the notice is to take effect; or

(ii) within a shorter period approved by the public guardian; or

(c) for a community visitor (adult)—the person is, or becomes, ineligible to hold office under section 110(2); or

(d) for a community visitor (child)—the person is, or becomes, ineligible to hold office under section 111(2).

(2) A notice of resignation mentioned in subsection (1)(b) takes effect in accordance with its terms and without needing the acceptance of the public guardian.

113A Termination of community visitor

(1) The public guardian may terminate the appointment of a community visitor if the community visitor has been convicted of an offence the public guardian considers makes the person unsuitable to perform the duties of a community visitor.

(2) In this section—

"convicted" means found guilty, or having a plea of guilty accepted, by a court, whether or not a conviction is recorded.

174 Amendment of ch 5, pt 5, hdg

Chapter 5, part 5, heading, after ‘engaged’—

insert—

or continue

175 Insertion of new ch 5, pt 5, div 1, hdg

Before section 119 —

insert—

176 Replacement of s 119

Section 119 —

omit, insert—

119 Application of division This division applies, despite the Public Sector Act 2022, chapter 3, part 5, in relation to assessing the suitability of a person to be, or continue to be, appointed as a community visitor.

119A Disclosure of criminal history A person seeking to be engaged by the public guardian as a community visitor must disclose to the public guardian, before being engaged—

(a) whether or not the person has a criminal history; and

(b) if the person has a criminal history—the person’s complete criminal history.

177 Amendment of s 120 (Investigations about suitability of applicant to be community visitor or child advocacy officer)

(1) Section 120, heading, from ‘of’—omit.

(2) Section 120 (1), from ‘be’—omit, insert—be, or continue to be, a community visitor.

178 Replacement of s 121 (Community visitor or child advocacy officer to disclose change in criminal history)

Section 121 —

omit, insert—

121 Community visitor to disclose change in criminal history

(1) This section applies if there is a change in the criminal history of a community visitor.

(2) The community visitor must immediately disclose the details of the change to the public guardian.

(3) The disclosure under subsection (2) must be in the approved form.

(4) The information disclosed about a conviction or charge in the visitor’s criminal history must include—

(a) the existence of the conviction or charge; and

(b) when the offence was committed or alleged to have been committed; and

(c) the details of the offence or alleged offence; and

(d) for a conviction—whether or not a conviction was recorded and the sentence imposed on the visitor.

(5) For a community visitor who does not have a criminal history, there is taken to be a change to the visitor’s criminal history if the visitor acquires a criminal history.

179 Amendment of s 122 (Failing to make disclosure or making false, misleading or incomplete disclosure)

(1) Section 122 (1), ‘or child advocacy officer’—omit.

(2) Section 122 (1) (a) from ‘ section 119 ’ to ‘officer’—omit, insert—section 119A or 121, unless the visitor

(3) Section 122 (2), ‘or officer’—omit.

(4) Section 122 (2) (b), ‘or officer’s’—omit.

180 Amendment of s 123 (Person to be advised of information obtained from commissioner of the police service)

Section 123 (2), ‘or child advocacy officer’—

omit.

181 Amendment of s 124 (Use of information obtained under this part)

(1) Section 124 (2), from ‘be’—omit, insert—be, or continue to be, a community visitor.

(2) Section 124 (3) (b), ‘or child advocacy officer’—omit.

182 Replacement of s 125 (Guidelines for dealing with information obtained under this part)

Section 125 —

omit, insert—

125 Guidelines for dealing with information obtained under this part

(1) The public guardian may make a guideline for dealing with information obtained under this part.

(2) The purpose of the guidelines is to ensure—

(a) procedural fairness is afforded to a person about whom the information is obtained; and

(b) only relevant information is used in assessing the person’s suitability to be appointed as a community visitor; and

(c) decisions about the suitability of persons, based on the information, are made consistently.

(3) If the public guardian makes a guideline under subsection (1), the public guardian must give a copy of the guideline to—

(a) a person seeking to be engaged by the public guardian as a community visitor; and

(b) if a community visitor asks for a copy of the guideline—the community visitor.

183 Insertion of new ch 5, pt 5, div 2

Chapter 5, part 5 —

insert—

184 Insertion of new ch 7, pt 4

Chapter 7 —

insert—

185 Amendment of sch 1 (Dictionary)

Schedule 1, definition criminal history, paragraph (a), ‘record’—

omit, insert—

history

186 Act amended

This part amends the Queensland Civil and Administrative Tribunal Act 2009.

187 Amendment of s 188 (Removal from office)

Section 188 (1) (c), ‘as defined under the Corporations Act’—

omit.

188 Amendment of s 191 (Acting senior members)

Section 191 (5) to (9) —

omit, insert—

(5) The Minister may appoint a person to act as a senior member.

(6) The president may appoint a person from the senior members pool to act as a senior member.

(7) An appointment may be made under subsection (5) or (6) if—

(a) there is a vacancy in the office of a senior member; or

(b) a senior member is absent or for any other reason is unable to perform the functions of the office; or

(c) the appointment is required for the proper functioning of the tribunal.

(8) A person appointed to act as a senior member—

(a) has all the functions and powers of a senior member; and

(b) is taken to be a senior member for all purposes relating to this Act or an enabling Act.

(9) Without limiting subsection (8), section 187 applies to a person acting as senior member as if the person were a senior member.

(10) An appointment to act as a senior member may be for a period of not more than 6 months.

(11) A person appointed to act as a senior member may be appointed to act as a senior member for a further period if—

(a) the term of the appointment does not immediately follow the person’s previous appointment as acting senior member; or

(b) the appointment is continuous on 1 or more of the person’s previous appointments as acting senior member and the total period of the continuous appointments is not more than 6 months.

(12) The Minister or president may at any time cancel the appointment of a person to act as a senior member.

189 Replacement of s 191A (Acting ordinary members)

Section 191A —

omit, insert—

191A Acting ordinary members

(1) The Minister must establish a pool of persons to act as ordinary members (the "ordinary members pool").

(2) The Minister may approve a person as a member of the ordinary members pool only if the person is eligible to be appointed to the office of ordinary member under section 183(4).

(3) The Minister may—

(a) approve a person as a member of the ordinary members pool for a specified time; and

(b) cancel the approval of a person as a member of the ordinary members pool at any time.

(4) The Minister may approve a person as a member of the ordinary members pool only after consultation with the president.

(5) The Minister may appoint a person to act as an ordinary member.

(6) The president may appoint a person from the ordinary members pool to act as an ordinary member.

(7) An appointment may be made under subsection (5) or (6) if—

(a) there is a vacancy in the office of an ordinary member; or

(b) an ordinary member is absent or for any other reason is unable to perform the functions of the office; or

(c) the appointment is required for the proper functioning of the tribunal.

(8) A person appointed to act as an ordinary member—

(a) has all the functions and powers of an ordinary member; and

(b) is taken to be an ordinary member for all purposes relating to this Act or an enabling Act.

(9) Without limiting subsection (8), section 187 applies to a person acting as ordinary member as if the person were an ordinary member.

(10) An appointment to act as an ordinary member may be for a period of not more than 6 months.

(11) A person appointed to act as an ordinary member may be appointed to act as an ordinary member for a further period if—

(a) the term of the appointment does not immediately follow the person’s previous appointment as acting ordinary member; or

(b) the appointment is continuous on 1 or more of the person’s previous appointments as acting ordinary member and the total period of the continuous appointments is not more than 6 months.

(12) The Minister or president may at any time cancel the appointment of a person to act as an ordinary member.

190 Amendment of s 192 (Appointment of supplementary members)

(1) Section 192 (2), ‘or magistrate’—omit, insert—, magistrate or member of the Land Court

(2) Section 192 (3) —insert—

(d) for appointing a member of the Land Court—the President of the Land Court.

(3) Section 192 (4) —insert—

(d) with the President of the Land Court about using members of the Land Court appointed as supplementary members to perform their functions under this Act.

(4) Section 192 (5) and (6) —omit, insert—

(5) The arrangement may provide for the following for a judge, magistrate or member of the Land Court to whom the arrangement applies—

(a) the matters the judge, magistrate or member may hear and decide;

(b) the time the judge, magistrate or member may allocate to performing functions as a supplementary member;

(c) the places at which the judge, magistrate or member may constitute the tribunal.

(6) A judge, magistrate or member of the Land Court to whom the arrangement applies may perform a function as a supplementary member only as authorised, and in the way provided, under the arrangement.

(5) Section 192 (9) —omit, insert—

(9) The appointment of a magistrate or member of the Land Court as a supplementary member does not affect—

(a) the magistrate’s or member’s tenure of office or status as a magistrate or member of the Land Court; or

(b) the payment of the magistrate’s or member’s salary or allowances as a magistrate or member of the Land Court; or

(c) any other right or privilege the magistrate or member has as a magistrate or member of the Land Court.

(6) Section 192 (10) and (11), after ‘a magistrate’—insert—or member of the Land Court

191 Amendment of s 193 (Vacancy of office)

Section 193 (a) —

insert—

(iv) for a supplementary member who is a member of the Land Court—a member of the Land Court; or

192 Amendment of s 198 (Appointment of adjudicators)

(1) Section 198 (5) —omit.

(2) Section 198 (8), from ‘, whether’ to ‘advertised’—omit.

193 Amendment of s 203 (Removal from office)

Section 203 (1) (c), ‘as defined under the Corporations Act’—

omit.

194 Replacement of s 206 (Acting adjudicators)

Section 206 —

omit, insert—

206 Acting adjudicators

(1) The Minister must establish a pool of persons to act as adjudicators (the "adjudicators pool").

(2) The Minister may approve a person as a member of the adjudicators pool only if the person is eligible to be appointed to the office of adjudicator under section 198(6).

(3) The Minister may—

(a) approve a person as a member of the adjudicators pool for a specified time; and

(b) cancel the approval of a person as a member of the adjudicators pool at any time.

(4) The Minister may approve a person as a member of the adjudicators pool only after consultation with the president.

(5) The Minister may appoint a person to act as an adjudicator.

(6) The president may appoint a person from the adjudicators pool to act as an adjudicator.

(7) An appointment may be made under subsection (5) or (6) if—

(a) there is a vacancy in the office of an adjudicator; or

(b) an adjudicator is absent or for any other reason is unable to perform the functions of the office; or

(c) the appointment is required for the proper functioning of the tribunal.

(8) A person appointed to act as an adjudicator—

(a) has all the functions and powers of an adjudicator; and

(b) is taken to be an adjudicator for all purposes relating to this Act or an enabling Act.

(9) Without limiting subsection (8), section 202 applies to a person acting as adjudicator as if the person were an adjudicator.

(10) An appointment to act as an adjudicator may be for a period of not more than 6 months.

(11) A person appointed to act as adjudicator may be appointed to act as adjudicator for a further period if—

(a) the term of the appointment does not immediately follow the person’s previous appointment as acting adjudicator; or

(b) the term of the appointment is continuous on 1 or more of the person’s previous appointments as acting adjudicator and the total period of the continuous appointments is not more than 6 months.

(12) The Minister or president may at any time cancel the appointment of a person to act as an adjudicator.

195 Amendment of s 206O (Appointment)

(1) Section 206O (5) —omit.

(2) Section 206O (8), from ‘, whether’ to ‘advertised’—omit.

196 Amendment of s 206T (Removal from office)

Section 206T (1) (c), ‘as defined under the Corporations Act’—

omit.

197 Amendment of ch 4, pt 5, hdg (The Queensland Civil and Administrative Tribunal Registry)

Chapter 4, part 5, heading, after ‘Registry’—

insert—

and associates

198 Insertion of new s 212A

After section 212 —

insert—

212A Associates to senior members

(1) The president may appoint a person nominated by a senior member as an associate to the member.

(2) An associate is to be paid the remuneration and allowances decided by the Governor in Council.

(3) An associate holds office on the terms and conditions decided by the Governor in Council.

(4) An associate is appointed under this Act and not the Public Sector Act 2022.

199 Amendment of s 228 (Oath of office)

Section 228 (2) (b) (i) and (ii), after ‘president’—

insert—

or deputy president

200 Insertion of new ch 10, pt 3

Chapter 10 —

insert—

201 Amendment of sch 3 (Dictionary)

(1) Schedule 3, definition former judge, paragraph (b) —omit, insert—

(b) a former judge of a court of the Commonwealth or another State other than—

(i) a magistrates court of the Commonwealth or another State; or

(ii) the Federal Circuit and Family Court of Australia (Division 2).

(2) Schedule 3, definition judicial member, paragraph (a) (iii), ‘or District Court judge’—omit, insert—, District Court judge or member of the Land Court

202 Act amended

This part amends the Referendums Act 1997.

203 Amendment of s 17A (Supply of electoral rolls and ballot papers)

Section 17A (1) (a), after ‘as at’—

insert—

6p.m. on

204 Amendment of s 21 (Who may vote)

Section 21 (1) (d) (ii), after ‘after’—

insert—

6p.m. on

205 Insertion s 36A

After section 36 —

insert—

36A Saving of ballot papers not in declaration envelopes

(1) This section applies if—

(a) the commission or the returning officer for an electoral district receives an envelope (an "outer envelope") containing a ballot paper and a declaration envelope; but

(b) the ballot paper is not in the declaration envelope.

(2) Members of the commission’s staff must—

(a) examine the contents of the outer envelope under section 36 to determine whether the ballot paper in the outer envelope is to be accepted for counting; and

(b) deal with the ballot paper in the outer envelope under section 36 as if the ballot paper had been in the declaration envelope.

206 Act amended

This part amends the Statutory Instruments Act 1992.

207 Replacement of s 30B (Statutory instrument may exempt from fee)

Section 30B —

omit, insert—

30B Statutory instrument may exempt from fee

(1) If a power is conferred under a law for a statutory instrument to prescribe a fee, the power includes a power to—

(a) exempt any person or matter from payment of all or part of the fee; or

(b) waive payment of all or part of the fee for any person or matter; or

(c) refund all or part of an amount of the fee paid by a person; or

(d) provide for a stated person to grant an exemption, or make a waiver or refund, mentioned in paragraph (a), (b) or (c).

(2) If—

(a) a law requires payment of a fee prescribed under a statutory instrument by a person or for a matter; and

(b) either—

(i) the person or matter is exempted under the statutory instrument from payment of all or part of the fee; or

(ii) all or part of the fee is waived for the person or matter under the statutory instrument;

the requirement to pay the fee is taken to have been satisfied to the extent of the exemption or waiver.

(3) A provision of a statutory instrument under which a fee is refunded, or a person may refund a fee, does not authorise the payment of an amount from the consolidated fund.

208 Act amended

This part amends the Supreme Court of Queensland Act 1991.

209 Amendment of s 86 (Admission guidelines)

(1) Section 86 (2) to (4) —omit, insert—

(2) A guideline takes effect—

(a) on the first day it is published under subsection (3)(a); or

(b) if a later day is fixed in the guideline—on that day.

(3) The registrar must ensure each guideline, while it is in effect, is—

(a) published on the court’s website; and

(b) available for public inspection, without charge, at the regional registries at Brisbane, Rockhampton, Townsville and Cairns.

(2) Section 86 (5), definition court’s internet website, ‘internet’—omit.

(3) Section 86 (5) —renumber as section 86 (4).

210 Act amended

This part amends the Trust Accounts Act 1973.

211 Insertion of new pt 1, hdg

Before section 1 —

insert—

212 Amendment of s 4 (Definitions)

(1) Section 4, definitions "trustee" and "trust moneys" —omit.

(2) Section 4 —insert—

"contributor" see the Funeral Benefit Business Act 1982, section 5.

"funeral benefit agreement" see the Funeral Benefit Business Act 1982, section 5.

"trustee" see section 4AA.

"trust moneys", in relation to a trustee, means moneys received for or on behalf of a contributor that is a party to a funeral benefit agreement.

213 Insertion of new s 4AA

Before section 4A —

insert—

4AA Meaning of trustee

(1) A "trustee" is an entity, other than a contributor, that is a party to a funeral benefit agreement entered into on or after 1 December 2003.

(2) However, the following are not "trustees" —

(a) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth);

(b) a company registered under the Life Insurance Act 1995 (Cwlth).

214 Omission of s 4C (Act continues to apply to particular persons after they stop being trustees)

Section 4C —

omit.

215 Insertion of new pt 2, hdg

Before section 5 —

insert—

216 Omission of s 8 (Purposes for which money may be withdrawn from trust account)

Section 8 —

omit.

217 Omission of s 11 (Claims and liens not affected)

Section 11 —

omit.

218 Insertion of new pt 3, hdg

After section 13 —

insert—

219 Amendment of s 15 (Qualifications, resignation, termination of appointment of auditor)

(1) Section 15 (1) (d) —omit, insert—

(d) is not—

(i) a person registered as an auditor under the Corporations Act, part 9.2; or

(ii) a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or

(iii) a member of Chartered Accountants Australia and New Zealand who is entitled to use the letters ‘CA’ of ‘FCA’; or

(iv) a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or

(v) a person approved by the chief executive who has completed a tertiary course of study in accounting with an auditing component from an institute prescribed under the Corporations Act, section 1280(2A); or

(2) Section 15 (2) (d) —omit, insert—

(d) each member of the firm is—

(i) a person registered as an auditor under the Corporations Act, part 9.2; or

(ii) a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or

(iii) a member of Chartered Accountants Australia and New Zealand who is entitled to use the letters ‘CA’ of ‘FCA’; or

(iv) a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or

(v) a person approved by the Minister;

220 Amendment of s 17 (Duties of auditor)

Section 17 (b), ‘ section 6, 7 or 8 ’—

omit, insert—

section 6 or 7

221 Amendment of s 21 (Power of Minister to appoint independent auditor)

Section 21 (1), ‘the auditor-general, an officer of the auditor-general or’—

omit.

222 Amendment of s 22 (Power of Minister to appoint independent auditor upon application of client)

Section 22 (1), ‘the auditor-general, an officer of the auditor-general or’—

omit.

223 Insertion of new pt 4, hdg

After section 26 —

insert—

224 Omission of s 28A (Supervising entity to report annually to Minister)

Section 28A —

omit.

225 Omission of ss 31 and 32

Sections 31 and 32 —

omit.

226 Omission of ss 34–36

Sections 34 to 36 —

omit.

227 Amendment of s 41 (Regulations)

(1) Section 41, heading—omit, insert—

41 Regulation-making power

(2) Section 41 (2) (c), ‘trustees’—omit, insert—trustees’

228 Insertion of new s 42

After section 41 —

insert—

42 Transitional regulation-making power

(1) A regulation (a "transitional regulation") may make provision about a matter for which—

(a) it is necessary or convenient to assist in returning security lodged with the chief executive under repealed section 31; and

(b) this Act does not make provision or enough provision.

(2) A transitional regulation may have retrospective operation to a day that is not earlier than the day of the commencement.

(3) A transitional regulation must declare it is a transitional regulation.

(4) This section and any transitional regulation expire 2 years after the day of the commencement.

229 Insertion of new pt 5

After section 43 —

insert—

230 Regulation amended

This part amends the Uniform Civil Procedure (Fees) Regulation 2019.

231 Amendment of sch 1 (Supreme Court and District Court fees)

(1) Schedule 1, item 1(1)(a), second column, ‘2,882.00’—omit, insert—2,911.90

(2) Schedule 1, item 1(1)(b), second column, ‘1,203.00’—omit, insert—1,232.90

(3) Schedule 1, item 1(2)(a), second column, ‘2,882.00’—omit, insert—2,991.90

(4) Schedule 1, item 1(2)(b), second column, ‘1,203.00’—omit, insert—1,232.90

(5) Schedule 1, item 1(3)(a), second column, ‘2,023.00’—omit, insert—2,052.90

(6) Schedule 1, item 1(3)(b), second column, ‘1,008.00’—omit, insert—1,037.90

(7) Schedule 1, item 1(3)(a), third column, ‘1,816.00’—omit, insert—1,838.85

(8) Schedule 1, item 1(3)(b), third column, ‘911.00’—omit, insert—933.85

(9) Schedule 1, item 1(4)(a), second column, ‘2,023.00’—omit, insert—2,052.90

(10) Schedule 1, item 1(4)(b), second column, ‘1,008.00’—omit, insert—1,037.90

(11) Schedule 1, item 1(4)(a), third column, ‘1,816.00’—omit, insert—1,838.85

(12) Schedule 1, item 1(4)(b), third column, ‘911.00’—omit, insert—933.85

232 Amendment of sch 2 (Magistrates Courts fees)

(1) Schedule 2, item 1(a), second column, ‘182.40’—omit, insert—186.35

(2) Schedule 2, item 1(b), second column, ‘253.90’—omit, insert—257.85

(3) Schedule 2, item 1(c), second column, ‘272.80’—omit, insert—276.75

(4) Schedule 2, item 1(d)(i), second column, ‘350.90’—omit, insert—354.85

(5) Schedule 2, item 1(d)(ii), second column, ‘553.30’—omit, insert—557.25

(6) Schedule 2, item 1(e)(i), second column, ‘416.30’—omit, insert—420.25

(7) Schedule 2, item 1(e)(ii), second column, ‘691.50’—omit, insert—695.45

233 Act amended

This part amends the Victims of Crime Assistance Act 2009.

234 Amendment of s 5 (Meaning of victim)

(1) Section 5 —insert—

(1A) Subsection (3) applies if a victim mentioned in subsection (1)(a) is pregnant when the crime is committed and, as a result of the commission of the crime—

(a) the person sustains a bodily injury that results in the destruction of the life of the person’s unborn child; or

(b) the person dies, resulting in the destruction of the life of the person’s unborn child.

(1B) For sections 18 to 20 and schedule 1AA, part 1, "victim" includes a person who has suffered harm because the person would, if the unborn child had been born alive, have been a family member of the child.

(2) Section 5 (2), after ‘ subsection (1) (b) or (c) ’—insert—or (3)

(3) Section 5 (3), after ‘ subsection (1) ’—insert—or (3)

(4) Section 5 (1A) to (3) —renumber as section 5 (2) to (5).

235 Amendment of s 21 (Scheme for financial assistance)

Section 21 (1) (b), from ‘expenses for’—

omit, insert—

expenses for—

(a) a primary victim of an act of violence; or

(b) an unborn child of a primary victim of an act of violence.

236 Amendment of s 23 (Assistance for victim available only in 1 capacity)

Section 23 (3) —

omit, insert—

(3) This section does not prevent—

(a) a primary victim of an act of violence also being granted assistance for funeral expenses for the unborn child of the primary victim; or

(b) a witness secondary victim or related victim of an act of violence also being granted assistance for funeral expenses for—

(i) a primary victim of the act of violence; or

(ii) an unborn child of a primary victim of the act of violence.

237 Replacement of ch 3, pt 8 (Person who incurs funeral expenses for primary victim’s funeral)

Chapter 3, part 8 —

omit, insert—

238 Amendment of s 56 (Who may apply for funeral expense assistance)

Section 56, from ‘who incurs’ to ‘violence’—

omit, insert—

who may be eligible for assistance under section 50

239 Amendment of s 58 (Time limit)

Section 58 (1) —

omit, insert—

(1) An application for funeral expense assistance must be made within—

(a) for a primary victim—3 years after the death of the victim; or

(b) for an unborn child of a primary victim—3 years after the life of the unborn child is destroyed.

240 Insertion of new ch 9

After chapter 8 —

insert—

241 Amendment of sch 1AA (Charter of victims’ rights)

Schedule 1AA, part 1, divisions 1 and 3, note, ‘ section 5 (3) ’—

omit, insert—

section 5(5)

242 Amendment of sch 2 (Amounts and categories for special assistance)

(1) Schedule 2, section 1 (3), definition very serious injury, item 1(b), ‘loss of a fetus’—omit, insert—destruction of the life of an unborn child

(2) Schedule 2, section 3 (1) (d) —omit, insert—

(d) an act that constitutes an offence under the Criminal Code, section 229B.

243 Amendment of sch 3 (Dictionary)

(1) Schedule 3, definition funeral expense assistance —omit.

(2) Schedule 3 —insert—

"funeral expense assistance" see section 50(1).

244 Act amended

This part amends the Youth Justice Act 1992.

245 Amendment of s 150 (Sentencing principles)

(1) Section 150 —insert—

(3B) In determining the appropriate sentence for a child convicted of a relevant serious offence committed in relation to a pregnant person that resulted in destroying the life of the person’s unborn child, the court must treat the destruction of the unborn child’s life as an aggravating factor, unless the court considers it is not reasonable because of the exceptional circumstances of the case.

(2) Section 150 (6) —insert—

"relevant serious offence" means an offence against—

(a) the following provisions of the Criminal Code —

(i) sections 302 and 305;

(ii) sections 303 and 310;

(iii) section 320;

(iv) section 323;

(v) section 328A;

(vi) section 339; and

(b) the Transport Operations (Road Use Management) Act 1995, section 83.

246 Repeal

The Court Funds Act 1973, No.73 is repealed.

247 Legislation amended

Schedule 1 amends the legislation it mentions.