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Queensland
STATUTE LAW
(MISCELLANEOUS
PROVISIONS) BILL 1993
Queensland
STATUTE LAW (MISCELLANEOUS
PROVISIONS) BILL 1993
TABLE OF PROVISIONS
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amended Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Repeals etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Explanatory notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 7
MINOR AMENDMENTS AND AMENDMENTS BY WAY OF
STATUTE REVISION
ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ANTI-DISCRIMINATION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
ANZAC DAY ACT 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
ASSOCIATIONS (NATURAL DISASTER RELIEF) ACT 1976 . . . . . . . . 38
BREAKWATER ISLAND CASINO AGREEMENT ACT 1984 . . . . . . . . . 39
CASINO CONTROL ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
CHEMICAL USAGE (AGRICULTURAL & VETERINARY)
CONTROL ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
CITY OF BRISBANE (FLOOD MITIGATION WORKS
APPROVAL) ACT 1952 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
COLLECTIONS ACT 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
DISTRICT COURTS ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
EDUCATION (GENERAL PROVISIONS) ACT 1989 . . . . . . . . . . . . . . . . . 49
ELECTRICITY ACT 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
FIRE SERVICE ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
FOREIGN GOVERNMENTS (TITLES TO LAND) ACT 1948 . . . . . . . . . . 57
2
Statute Law (Miscellaneous Provisions)
FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 58
GRAMMAR SCHOOLS ACT 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
HARBOURS ACT 1955 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
INDUSTRIAL RELATIONS ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
JUPITERS CASINO AGREEMENT ACT 1983 . . . . . . . . . . . . . . . . . . . . . . 65
JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
LAND ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
LANG PARK TRUST ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
LEGAL PRACTITIONERS ACTS AMENDMENT ACT 1968 . . . . . . . . . . 73
MOTOR VEHICLES CONTROL ACT 1975 . . . . . . . . . . . . . . . . . . . . . . . . 73
MOTOR VEHICLES SECURITIES ACT 1986 . . . . . . . . . . . . . . . . . . . . . . 78
MT GRAVATT SHOWGROUNDS ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . 79
MUTUAL RECOGNITION (QUEENSLAND) ACT 1992 . . . . . . . . . . . . . . 79
PLANT PROTECTION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
PROPERTY LAW ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
QUEENSLAND LAW SOCIETY ACT 1952 . . . . . . . . . . . . . . . . . . . . . . . . 88
QUEENSLAND MARINE ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
QUEENSLAND TEMPERANCE LEAGUE LANDS ACT 1985 . . . . . . . . . 94
REPRINTS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
RETURNED SERVICEMEN'S BADGES ACT 1956 . . . . . . . . . . . . . . . . 100
RETURNED SERVICES LEAGUE OF AUSTRALIA
(QUEENSLAND BRANCH) ACT 1956 . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
RURAL TRAINING SCHOOLS ACT 1965 . . . . . . . . . . . . . . . . . . . . . . . . 106
SEWERAGE AND WATER SUPPLY ACT 1949 . . . . . . . . . . . . . . . . . . . 107
STATUTORY INSTRUMENTS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 108
STIPENDIARY MAGISTRATES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 112
SURVEYORS ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
TRAFFIC ACT 1949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
VALUATION OF LAND ACT 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
WATER RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 117
AMENDMENTS BY WAY OF STATUTE LAW REVISION ONLY
DRUGS MISUSE ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
3
Statute Law (Miscellaneous Provisions)
EDUCATION (SENIOR SECONDARY SCHOOL STUDIES)
ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
EDUCATION (TEACHER REGISTRATION) ACT 1988 . . . . . . . . . . . . . 118
EDUCATION (TERTIARY ENTRANCE PROCEDURES
AUTHORITY) ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
JUDGES (SALARIES AND ALLOWANCES) ACT 1967 . . . . . . . . . . . . 119
STAMP ACT 1894 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1992 . . . . . . 121
WORKPLACE HEALTH AND SAFETY ACT 1989 . . . . . . . . . . . . . . . . . 121
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 122
ACTS REPEALED
A. OBSOLETE ACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
B. OTHER ACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . 129
IMPERIAL LAWS THAT CEASE TO BE IN FORCE
SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . 130
DECLARED LAWS WHOSE REPEAL DOES NOT END THEIR
EFFECT
1993
A BILL
FOR
An Act to make various amendments of the statute law of
Queensland, to repeal certain Acts and to declare certain matters
6
Statute Law (Miscellaneous Provisions)
The Parliament of Queensland enacts-- 1
title 2
Short
This Act may be cited as the Statute Law (Miscellaneous 3
Clause1.
Provisions) Act 1993. 4
5
Commencement
This Act commences on the date of assent except so far as is 6
Clause2.
otherwise expressly provided. 7
Acts 8
Amended
Each Act mentioned in Schedules 1 and 2 is amended as set out in 9
Clause3.
those Schedules. 10
etc. 11
Repeals
Clause4.(1) Each Act mentioned in Schedule 3 is repealed. 12
(2) Each Imperial law mentioned in Schedule 4 ceases to be in force in 13
Queensland. 14
(3) Each provision or Act mentioned in Schedule 5 is a law to which 15
section 20A of the Acts Interpretation Act 1954 applies. 16
(4) Subsection (3) expires the day after it commences. 17
notes 18
Explanatory
Matter appearing under the heading `Explanatory note' in this Act 19
Clause5.
does not form part of the Act. 20
7
Statute Law (Miscellaneous Provisions)
CHEDULE 1 1
¡S
MINOR AMENDMENTS AND AMENDMENTS BY 2
WAY OF STATUTE REVISION 3
section 3 4
CTS INTERPRETATION ACT 1954 5
´A
Amendments 6
1. Section 7-- 7
omit, insert-- 8
`Act includes statutory instruments under Act etc. 9
`7.(1) In an Act, a reference (either generally or specifically) to a law 10
(including the Act), or a provision of a law (including the Act), includes a 11
reference to the statutory instruments made or in force under the law or 12
provision. 13
`(2) In subsection (1)-- 14
"law" includes a law of the Commonwealth, another State or a Territory.'. 15
2. Section 9-- 16
omit, insert-- 17
`Act to be interpreted not to exceed Parliament's legislative power 18
`9.(1) An Act is to be interpreted as operating-- 19
(a) to the full extent of, but not to exceed, Parliament's legislative 20
power; and 21
(b) distributively. 22
`(2) Without limiting subsection (1), if a provision of an Act would, 23
apart from this section, be interpreted as exceeding power-- 24
8
Statute Law (Miscellaneous Provisions)
(a) the provision is valid to the extent to which it does not exceed 1
power; and 2
(b) the remainder of the Act is not affected. 3
`(3) Without limiting subsection (1), if the application of a provision of 4
an Act to a person, matter or circumstance would, apart from this section, 5
be interpreted as exceeding power, the provision's application to other 6
persons, matters or circumstances is not affected. 7
`(4) This section applies to an Act in addition to, and without limiting, 8
any provision of the Act.'. 9
3. Section 14G(3)-- 10
insert-- 11
` "enactment" includes any portion of an Act.'. 12
4. Sections 14H and 14I-- 13
omit, insert-- 14
`References taken to be included in citation of law 15
`14H.(1) In an Act, a reference to a law (including the Act) includes a 16
reference to the following-- 17
(a) the law as originally made, and as amended from time to time 18
since it was originally made; 19
(b) if the law has been repealed and remade (with or without 20
modification) since the reference was made--the law as remade, 21
and as amended from time to time since it was remade; 22
(c) if a relevant provision of the law has been omitted and remade 23
(with or without modification) in another law since the reference 24
was made--the other law as in force when the provision was 25
remade, and as amended from time to time since the provision 26
was remade. 27
`(2) In an Act, a reference to a provision of a law (including the Act) 28
includes a reference to the following-- 29
(a) the provision as originally made, and as amended from time to 30
9
Statute Law (Miscellaneous Provisions)
time since it was originally made; 1
(b) if the provision has been omitted and remade (with or without 2
modification and whether in the law or another law) since the 3
reference was made--the provision as remade, and as amended 4
from time to time since it was remade. 5
`(3) In this section-- 6
"law" includes a law of the Commonwealth, another State or a Territory; 7
"make" includes enact. 8
`References to changed short titles and citations 9
`14I.(1) If the short title or citation of a law is amended, a reference in an 10
Act to the short title or citation includes a reference to the short title or 11
citation as amended. 12
`(2) In this section-- 13
"law" includes a law of the Commonwealth, another State or a Territory. 14
`References to repealed or expired laws 15
`14J.(1) If an Act refers to another law as repealed or expired, the 16
reference is to the other law as in force immediately before it was repealed 17
or expired. 18
Example-- 19
The `repealed ABC Act 1950' is a reference to the ABC Act 1950 as in 20
force immediately before it was repealed. 21
`(2) In this section-- 22
"law" includes a law of the Commonwealth, another State or a Territory.'. 23
5. Section 17(1)(d)-- 24
omit, insert-- 25
`(d) anything may be done for the purpose of-- 26
(i) enabling the exercise of the power; or 27
10
Statute Law (Miscellaneous Provisions)
(ii) bringing the appointment, instrument or other thing into 1
effect;'. 2
6. Section 17(3)(d)-- 3
omit, insert-- 4
`(d) if the instrument or provision is expressed to take effect at a later 5
time--the later time.'. 6
7. Section 17(4)(b)-- 7
omit `the', insert `a'. 8
8. Section 17(4)(d)-- 9
omit, insert-- 10
`(d) if the appointment, instrument or provision is expressed to take 11
effect at a later time--the later time.'. 12
9. Section 20(1)(c) to (e)-- 13
omit, insert-- 14
`(c) affect a right, privilege or liability acquired, accrued or incurred 15
under the Act or provision; or 16
(d) affect a penalty incurred in relation to an offence arising under the 17
Act or provision; or 18
(e) affect an investigation, proceeding or remedy in relation to a right, 19
privilege, liability or penalty mentioned in paragraph (c) or (d).'. 20
10. Section 20(2)-- 21
omit, insert-- 22
`(2) The investigation, proceeding or remedy may be started, continued 23
or completed, and the right, privilege or liability may be enforced and the 24
penalty imposed, as if the Act or provision had not been repealed or 25
amended or had not expired.'. 26
11
Statute Law (Miscellaneous Provisions)
11. Section 20 (at the end)-- 1
insert-- 2
`(4) This section is in addition to, and does not limit, any provision of the 3
law by which the repeal, amendment or expiry is effected.'. 4
12. After section 20-- 5
insert-- 6
`Repeal does not end saving, transitional or validating effect etc. 7
`20A.(1) If an Act or a provision of an Act-- 8
(a) declares a thing for a saving or transitional purpose (whether or 9
not the Act or provision is expressed to be made for a purpose of 10
that type); or 11
(b) validates a thing that may otherwise be invalid; or 12
(c) declares a thing for a purpose that is consequential on a 13
declaration mentioned in paragraph (a) or a validation mentioned 14
in paragraph (b) (whether or not the Act or provision is expressed 15
to be made for a purpose of that type); 16
the declaratory or validating effect of the Act or provision does not end 17
merely because of the repeal or expiry of the Act or provision. 18
Example of paragraph (a)-- 19
A provision stating that an existing licence under a repealed law is taken 20
to be a licence of a particular kind under another law and authorising the 21
imposition of conditions under the other law. 22
Example of paragraph (b)-- 23
A provision declaring an instrument to have been validly made and acts 24
done in reliance on the instrument to have been validly done. 25
Examples of paragraph (c)-- 26
1. A provision stating that a matter that is declared valid is not justiciable. 27
2. A provision stating that an instrument that is declared valid is taken to 28
have been amended in a particular way. 29
`(2) If an Act or a provision of an Act (the "savings law") declares 30
12
Statute Law (Miscellaneous Provisions)
another Act or a provision of another Act (the "declared law") to be a law 1
to which this section applies, the effect of the declared law does not end 2
merely because of the repeal or expiry of the declared law or the savings 3
law. 4
`(3) This section is in addition to, and does not limit-- 5
(a) sections 19 and 20; or 6
(b) any provision of the law by which the repeal or expiry is effected. 7
`Continuance of appointments etc. made under amended provisions 8
`20B.(1) This section applies if-- 9
(a) a provision of a law expressly or impliedly authorises or 10
requires-- 11
(i) the making of an appointment; or 12
(ii) the delegation of a power; or 13
(iii) the doing of anything else (other than the making of a 14
statutory instrument); and 15
(b) the provision is amended by an Act; and 16
(c) under the amended provision-- 17
(i) the appointment may be made; or 18
(ii) the power may be delegated; or 19
(iii) the thing may be done. 20
`(2) An appointment, delegation or other thing mentioned in 21
subsection (1) that was in force immediately before the commencement of 22
the amendment continues to have effect after the commencement as if it had 23
been done under the amended provision. 24
`(3) In this section-- 25
"amend" includes omit and re-enact in the same law (with or without 26
modification), but does not include omit and re-enact in another law.'. 27
13
Statute Law (Miscellaneous Provisions)
13. Section 22A-- 1
omit, insert-- 2
`Insertion of provisions by amending Act 3
`22A.(1) If an Act amends a provision of a law by inserting a subsection 4
that is to form part of a series of subsections, and does not specify the 5
position in the provision where it is to be inserted, the subsection is to be 6
inserted in the appropriate numerical or alphanumerical position. 7
`(2) If an Act amends a provision of a law by inserting a paragraph that 8
is to form part of a series of paragraphs, and does not specify the position in 9
the provision where it is to be inserted, the paragraph is to be inserted in the 10
appropriate alphabetical position. 11
`(3) If an Act amends a provision of a law by inserting a subparagraph 12
that is to form part of a series of subparagraphs, and does not specify the 13
position in the provision where it is to be inserted, the subparagraph is to be 14
inserted in the appropriate numerical or alphanumerical position. 15
`(4) If an Act amends a provision of a law by inserting a 16
sub-subparagraph that is to form part of a series of sub-subparagraphs, and 17
does not specify the position in the provision where it is to be inserted, the 18
sub-subparagraph is to be inserted in the appropriate alphabetical position. 19
`(5) If an Act amends a provision of a law by inserting a definition that is 20
to form part of a series of definitions, and does not specify the position in 21
the provision where it is to be inserted, the definition is to be inserted in the 22
appropriate alphabetical position, determined on a letter-by-letter basis. 23
`(6) If an Act otherwise amends a provision of a law by inserting a 24
provision that is to form part of a series of provisions, and does not specify 25
the position in the first provision where it is to be inserted, the second 26
provision is to be inserted in the appropriate position. 27
`(7) In determining the appropriate position in which a provision is to be 28
inserted, regard may be had to current Queensland legislative drafting 29
practice. 30
`Amendment to be made wherever possible in provision 31
`22B. If an Act amends a provision of a law-- 32
14
Statute Law (Miscellaneous Provisions)
(a) by omitting a word; or 1
(b) by omitting a word and inserting another word; or 2
(c) by inserting a word before or after a particular word; 3
the amendment is to be made wherever possible in the provision.'. 4
14. Sections 23(2), 24A, 24B(1)(b), 27A(1)(b) and 27A(9)-- 5
omit `particular', insert `specified'. 6
15. Section 24B(4)-- 7
omit, insert-- 8
`(3A) If the appointer is a body, the appointment may be made or 9
terminated by a resolution of the body. 10
`(4) The appointment, or the termination of the appointment, must be in, 11
or evidenced by, writing, signed by the appointer or, if the appointer is a 12
body, by a person authorised by the body for the purpose.'. 13
16. Section 24B(8)-- 14
omit, insert-- 15
`(8) While the appointee is acting in the office-- 16
(a) the appointee has all the functions and powers of the holder of the 17
office; and 18
(b) laws apply to the appointee as if the appointee were the holder of 19
the office.'. 20
17. Section 24B (at the end)-- 21
insert-- 22
`(11) If-- 23
(a) the appointer is a specified officer or the holder of a specified 24
office; and 25
(b) the person who was the specified officer or holder of the specified 26
15
Statute Law (Miscellaneous Provisions)
office when the appointment was made ceases to be the officer or 1
holder of the office; 2
then-- 3
(c) the appointment continues in force; and 4
(d) the person for the time being occupying or acting in the office 5
concerned is taken to be the appointer for the purposes of this 6
section. 7
`(12) If-- 8
(a) the appointer is a body; and 9
(b) there is a change in the membership of the body; 10
then-- 11
(c) the appointment continues in force; and 12
(d) the body as constituted for the time being is taken to be the 13
appointer for the purposes of this section. 14
`(13) Writing purporting to be, or to contain, an appointment, or the 15
termination of an appointment, is evidence of the appointment or 16
termination. 17
`(14) A certificate signed by the appointer (or, if the appointer is a body, 18
by a person authorised by the body for the purpose) stating anything in 19
relation to an appointment is evidence of the thing. 20
`(15) A document purporting to be a certificate mentioned in subsection 21
(14) is taken to be the certificate, and to have been properly given, unless the 22
contrary is established.'. 23
18. After section 24B-- 24
insert-- 25
`Acting person nominated by Act etc. 26
`24C.(1) This section applies if an Act provides that a specified officer, 27
or the holder of a specified office, (the "nominated person") acts as 28
another specified officer or in another specified office on a specified 29
occasion. 30
16
Statute Law (Miscellaneous Provisions)
`(2) While the nominated person is acting as the other officer or in the 1
other office-- 2
(a) the nominated person has all the functions and powers of the 3
officer or holder of the office; and 4
(b) laws apply to the nominated person as if the nominated person 5
were the officer or holder of the office. 6
`(3) Anything done by or in relation to the nominated person while the 7
nominated person is purporting to act as the other officer or in the other 8
office is not invalid merely because the occasion for the nominated person 9
to act had not happened or had ceased.'. 10
19. Section 25(1)(b)(v)-- 11
omit, insert-- 12
`(v) power to appoint a person to act in the office if the person 13
appointed to the office is absent or is unable to discharge the 14
functions of the office (whether because of illness or otherwise); 15
and'. 16
20. Section 27A(1)-- 17
omit `in accordance with the Act', 18
insert `in accordance with the Act and any other applicable law'. 19
21. Section 27A(3A)-- 20
omit, insert-- 21
`(3A) If the delegator is a body, the delegation may be made or revoked 22
by a resolution of the body. 23
`(3B) All conditions and preliminary steps required for the exercise of a 24
delegation are presumed to have been satisfied and performed unless the 25
contrary is established. 26
`(3C) Laws apply to the delegate in the exercise of a delegated power as 27
if the delegate were the delegator.'. 28
17
Statute Law (Miscellaneous Provisions)
22. Section 27A(8)-- 1
omit, insert-- 2
`(8) If, when exercised by the delegator, a power is dependent on the 3
delegator's opinion, belief or state of mind, then, when exercised by the 4
delegate, the power is dependent on the delegate's opinion, belief or state of 5
mind.'. 6
23. After section 27A(8)-- 7
insert-- 8
`(8A) If-- 9
(a) the delegator is a specified officer or the holder of a specified 10
office; and 11
(b) the person who was the specified officer or holder of the specified 12
office when the delegation was made ceases to be the officer or 13
holder of the office; 14
then-- 15
(c) the delegation continues in force; and 16
(d) the person for the time being occupying or acting in the office 17
concerned is taken to be the delegator for the purposes of this 18
section. 19
`(8B) If-- 20
(a) the delegator is a body; and 21
(b) there is a change in the membership of the body; 22
then-- 23
(c) the delegation continues in force; and 24
(d) the body as constituted for the time being is taken to be the 25
delegator for the purposes of this section.'. 26
24. After section 27A(10)-- 27
insert-- 28
18
Statute Law (Miscellaneous Provisions)
`(10A) The delegation of a power does not relieve the delegator of the 1
delegator's obligation to ensure that the power is properly exercised.'. 2
25. Section 27A(at the end)-- 3
insert-- 4
`(13) Writing purporting to be, or to contain, a delegation, or the 5
revocation of a delegation, is evidence of the delegation or revocation. 6
`(14) A certificate signed by the delegator (or, if the delegator is a body, 7
by a person authorised by the body for the purpose) stating anything in 8
relation to a delegation is evidence of the thing. 9
`(15) A document purporting to be a certificate mentioned in subsection 10
(14) is taken to be the certificate, and to have been properly given, unless the 11
contrary is established.'. 12
26. Section 29-- 13
omit, insert-- 14
`Legislative Assembly's resolutions to be interpreted not to exceed 15
authority 16
`29.(1) A resolution of the Legislative Assembly, or a committee of the 17
Legislative Assembly, made under an Act is to be interpreted as 18
operating-- 19
(a) to the full extent of, but not to exceed, the Legislative Assembly's 20
constitutional powers; and 21
(b) subject to the Act; and 22
(c) distributively. 23
`(2) Without limiting subsection (1), if part of a resolution would, apart 24
from this section, be interpreted as exceeding authority-- 25
(a) the resolution is valid to the extent to which it does not exceed 26
authority; and 27
(b) the remainder of the resolution is not affected. 28
`(3) Without limiting subsection (1), if the application of part of a 29
19
Statute Law (Miscellaneous Provisions)
resolution to a person, matter or circumstance would, apart from this 1
section, be interpreted as exceeding authority, the part's application to other 2
persons, matters or circumstances is not affected. 3
`(4) This section applies to an Act in addition to, and without limiting, 4
any provision of the Act.'. 5
27. After section 32A-- 6
insert-- 7
`Terms defined both in this Act and another Act 8
`32AA. If-- 9
(a) a word or expression is defined non-exhaustively for the 10
purposes of an Act other than this Act (the "non-exhaustive 11
definition"); and 12
(b) the word or expression is also defined in this Act (the 13
"Interpretation Act definition"); 14
then, for the purposes of the first Act-- 15
(c) the non-exhaustive definition does not exclude, but may extend, 16
the meaning of the word or expression given by the Interpretation 17
Act definition; and 18
(d) the non-exhaustive and Interpretation Act definitions are to be 19
read in the context of each other and the other provisions of the 20
first Act, but, if the definitions so read are inconsistent, the 21
Interpretation Act definition is displaced.'. 22
28. Section 32CB(1)-- 23
omit, insert-- 24
`32CB.(1) Words and expressions used in an Act that amends another 25
law have the same meanings as they have in the other law.'. 26
29. Section 32E-- 27
omit `means', insert `way'. 28
20
Statute Law (Miscellaneous Provisions)
30. Section 33 (heading)-- 1
omit, insert-- 2
`References to Ministers, departments and chief executives'. 3
31. Section 33(1)(b)-- 4
omit, insert-- 5
`(b) a reference to a particular Minister by title, or to "the Minister" 6
without specifying a particular Minister by title, includes a 7
reference to another Minister, or a member of the Executive 8
Council, who is acting for the Minister.'. 9
32. Section 33(2)(b) and (c)-- 10
omit, insert-- 11
`(b) if, for the time being, different Ministers administer the provision 12
in relation to different matters-- 13
(i) if only 1 Minister administers the provision in relation to the 14
relevant matter--the Minister; or 15
(ii) if 2 or more Ministers administer the provision in relation to 16
the relevant matter--any 1 of the Ministers; or 17
(c) if paragraph (b) does not apply and, for the time being, 2 or more 18
Ministers administer the provision--any 1 of the Ministers.'. 19
33. Section 33(3)-- 20
omit `Where', insert `If'. 21
34. After section 33(4)-- 22
insert-- 23
`(4A) In an Act, a reference to a specified Minister who no longer 24
exists-- 25
(a) is a reference to the Minister specified by notification by the 26
21
Statute Law (Miscellaneous Provisions)
Governor in Council; and 1
(b) includes another Minister, or a member of the Executive Council, 2
who is acting for the specified Minister.'. 3
35. Section 33(5)(a)(ii)-- 4
omit, insert-- 5
`(ii) is administered by the Minister or Ministers administering 6
the provision in relation to the matter; or'. 7
36. After section 33(5)-- 8
insert-- 9
`(5A) In an Act, a reference to a specified department of government that 10
no longer exists is a reference to the department specified by notification by 11
the Governor in Council. 12
`(5B) In a provision of an Act, a reference to the "chief executive" of a 13
department of government without specifying a particular department by 14
name is a reference to the chief executive of-- 15
(a) if, for the time being, different Ministers administer the provision 16
in relation to different matters--the department of government 17
that-- 18
(i) deals with the relevant matter; and 19
(ii) is administered by the Minister or Ministers administering 20
the provision in relation to the matter; or 21
(b) in any other case--the department of government that-- 22
(i) deals with the matters to which the provision relates; and 23
(ii) is administered by the Minister or Ministers for the time 24
being administering the provision.'. 25
37. Section 33(6)-- 26
omit, insert-- 27
`(6) To remove any doubt, it is declared that if-- 28
22
Statute Law (Miscellaneous Provisions)
(a) a provision of an Act is administered by 2 or more Ministers; and 1
(b) under this section, the provision authorises or requires anything to 2
be done by or in relation to any 1 of the Ministers; 3
the provision does not authorise or require it to be done in a particular case 4
by or in relation to more than 1 of the Ministers.'. 5
38. Section 33(8)-- 6
omit. 7
39. Section 35(1)(b)-- 8
omit, insert-- 9
`(b) a reference to a locality, jurisdiction or other thing is a reference to 10
such a locality, jurisdiction or other thing in and of Queensland.'. 11
40. Section 35B-- 12
omit, insert-- 13
`References to certain provisions of an Act 14
`35B. If a provision of an Act (the "Act concerned") refers to-- 15
(a) a Chapter, section or Schedule by a number without mentioning 16
an Act--the reference is a reference to the Chapter, section or 17
Schedule, designated by the number, of or to the Act concerned; 18
or 19
(b) a Schedule without mentioning a number or an Act and there is 20
only 1 Schedule to the Act concerned--the reference is a 21
reference to the Schedule; or 22
(c) a Part by a number without mentioning an Act and the Act 23
concerned does not contain Chapters--the reference is a reference 24
to the Part, designated by the number, of the Act concerned; or 25
(d) a Part by a number without mentioning an Act and the Act 26
concerned contains Chapters--the reference is a reference to the 27
Part, designated by the number, of the Chapter in which the 28
reference occurs; or 29
23
Statute Law (Miscellaneous Provisions)
(e) a Division by a number without mentioning an Act--the 1
reference is a reference to the Division, designated by the number, 2
of the Part in which the reference occurs; and 3
(f) a Subdivision by a number without mentioning an Act--the 4
reference is a reference to the Subdivision, designated by the 5
number, of the Division in which the reference occurs; and 6
(g) a subsection by a number without mentioning an Act--the 7
reference is a reference to the subsection, designated by the 8
number, of the section in which the reference occurs; and 9
(h) a paragraph by a number without mentioning an Act--the 10
reference is a reference to the paragraph, designated by the 11
number, of the section, subsection, Schedule, clause, subclause, 12
item, column, table, form or other provision unit in which the 13
reference occurs; and 14
(i) a subparagraph by a number without mentioning an Act--the 15
reference is a reference to the subparagraph, designated by the 16
number, of the paragraph in which the reference occurs; and 17
(j) a sub-subparagraph by a number without mentioning an Act--the 18
reference is a reference to the sub-subparagraph, designated by 19
the number, of the subparagraph in which the reference occurs; 20
and 21
(k) a clause, subclause, item, column, table, form or other provision 22
unit by a number without mentioning an Act--the reference is a 23
reference to the clause, subclause, item, column, table, form or 24
other provision unit, designated by the number, of or in the 25
Schedule in which the reference occurs; and 26
(l) another provision unit by a number without mentioning an 27
Act--the reference is a reference to the provision unit, designated 28
by the number, of or in a relevant provision unit in which the 29
reference occurs.'. 30
41. Section 35C(3)-- 31
omit `those', insert ` the'. 32
24
Statute Law (Miscellaneous Provisions)
42. Section 35D-- 1
omit, insert-- 2
`Reference to provisions of a law is inclusive 3
`35D. In an Act, a reference to a part of a law (including the Act) is a 4
reference to the following-- 5
(a) the provision of the law that forms the beginning of the part; 6
(b) the provision of the law that forms the end of the part; 7
(c) any provision of the law between the beginning and end of the 8
part. 9
Example 1-- 10
A reference to `sections 5 to 9' includes both section 5 and section 9. It is 11
not necessary to refer to `sections 5 to 9 (both inclusive)' to ensure that the 12
reference is given an inclusive interpretation. 13
Example 2-- 14
A reference to `sections 260 to 264' includes a provision such as a Part 15
heading between section 260 and 261.'. 16
43. Section 36 (definitions "Act", "adult", "ASC Law" and "ASC 17
Regulations", "chief executive", "Constitution of Queensland", 18
"contravene", "Corporations Law" and "Corporations Regulations", 19
"document", "Executive Council", "gazetted", "Government", 20
"Industrial Magistrate", "minor" and "State")-- 21
omit. 22
44. Section 36-- 23
insert-- 24
` "Aborigine" means a person of the Aboriginal race of Australia; 25
"Act" has the meaning given by section 6; 26
"adult" means an individual who is 18 or more; 27
"ASC Law" has the meaning given by Part 11 of the Corporations 28
(Queensland) Act 1990; 29
25
Statute Law (Miscellaneous Provisions)
"ASC Regulations" has the meaning given by Part 11 of the Corporations 1
(Queensland) Act 1990; 2
"bank" means a bank-- 3
(a) as defined in section 5 of the Banking Act 1959 4
(Commonwealth); or 5
(b) constituted under a law of a State; 6
"building society" has the meaning given by the AFIC (Queensland) 7
Code; 8
"cheque" includes payment order; 9
"chief executive"-- 10
(a) in relation to a specified department--means the chief executive 11
(however described) under whose control the department is 12
placed; or 13
(b) without specifying a particular department by name--has the 14
meaning given by section 33; 15
"Constitution of Queensland" means the following-- 16
(a) the order in council dated 6 June 1859 mentioned in the preamble 17
to the Constitution Act 1867; 18
(b) the Constitution Act 1867; 19
(c) each Act amending the order in council or Act; 20
"contravene" includes-- 21
(a) breach; and 22
(b) fail to comply with; 23
"Corporations Law" has the meaning given by Part 3 of the Corporations 24
(Queensland) Act 1990; 25
"Corporations Regulations" has the meaning given by Part 3 of the 26
Corporations (Queensland) Act 1990; 27
"credit union" has the meaning given by the AFIC (Queensland) Code; 28
"document" includes-- 29
(a) any paper or other material on which there is writing; and 30
26
Statute Law (Miscellaneous Provisions)
(b) any paper or other material on which there are marks, figures, 1
symbols or perforations having a meaning for a person qualified 2
to interpret them; and 3
(c) any disc, tape or other article or any material from which sounds, 4
images, writings or messages are capable of being produced or 5
reproduced (with or without the aid of another article or device); 6
"financial institution" means a bank, building society or credit union; 7
"fundamental legislative principles" has the meaning given by the 8
Legislative Standards Act 1992; 9
"gazetted" means-- 10
(a) in relation to subordinate legislation (other than an exempt 11
instrument within the meaning of the Legislative Standards Act 12
1992)--notified or published in the Gazette; and 13
(b) in any other case--published in the Gazette; 14
"Industrial Magistrate" has the meaning given by the Industrial 15
Relations Act 1990; 16
"law" of a State includes-- 17
(a) a law of the State; and 18
(b) a law in force in the State as part of the law of the State; 19
"lease" includes demise and tenancy, whether for a term, for a period or at 20
will; 21
"lessee" includes tenant and the tenant's executors, administrators and 22
assigns; 23
"lessor" includes landlord and the landlord's executors, administrators and 24
assigns; 25
"minor" means an individual who is under 18; 26
"mortgage" includes a charge on a property for securing money or 27
money's worth; 28
"mortgagee" includes a person from time to time deriving title to a 29
mortgage under the original mortgagee; 30
"mortgagee in possession" means a mortgagee who in right of a mortgage 31
has entered into and is in possession of the mortgaged property; 32
27
Statute Law (Miscellaneous Provisions)
"mortgagor" includes a person from time to time deriving title to the 1
equity of redemption under the original mortgagor, or entitled to 2
redeem the mortgage, according to the mortgagor's interest in the 3
mortgaged property; 4
"possession" of land includes the receipt of income from the land; 5
"printed" includes typewritten, lithographed or produced or reproduced by 6
any mechanical or electronic means; 7
"State" means a State of the Commonwealth, and includes the Australian 8
Capital Territory and the Northern Territory; 9
"the Act" includes any statutory rule made under the Act; 10
"under", in relation to an Act or a provision of an Act, includes-- 11
(a) by; and 12
(b) for the purposes of; 13
"year", without specifying the type of year, means calendar year.'. 14
45. Section 37-- 15
omit, insert-- 16
`Measurement of distance 17
`37. In applying an Act, distance is to be measured along the shortest 18
road ordinarily used for travelling unless there is a contrary intention that 19
distance is to be measured in a straight line on a horizontal plane or in 20
another way.'. 21
46. Section 38(1)-- 22
omit `any purpose', insert `a purpose'. 23
47. Section 38(4)-- 24
omit, insert-- 25
`(4) If no time is provided or allowed for doing anything, the thing is to 26
be done as soon as possible, and as often as the relevant occasion happens.'. 27
28
Statute Law (Miscellaneous Provisions)
48. Section 38A-- 1
omit, insert-- 2
`Age 3
`38A. For the purposes of an Act, a person attains an age in years at the 4
beginning of the person's birthday for the age.'. 5
49. Section 39(2)(a)-- 6
omit, insert-- 7
`(a) affects the operation of another law that authorises the service of a 8
document otherwise than as provided in the subsection; or'. 9
50. Sections 42 to 45-- 10
omit, insert-- 11
`Penalty etc. may be enforced by anyone 12
`42. Any person may take a proceeding for the enforcement of a penalty, 13
or the making of a forfeiture order, under an Act. 14
`Appropriation of penalties 15
`43.(1) The following rules apply to an amount recovered because of the 16
imposition of a penalty or the making of a forfeiture order-- 17
(a) any part of the amount that is ordered under subsection (2) to be 18
paid to the party prosecuting must first be paid to the party; 19
(b) the remaining part of the amount must then be paid to the 20
Consolidated Fund. 21
`(2) The court that imposes the penalty, or makes the forfeiture order, 22
may order that not more than half of the amount recovered be paid to the 23
party prosecuting. 24
`(3) Subsection (2) does not apply if the party prosecuting is prosecuting 25
as an officer or employee of the State or an officer of the public service. 26
29
Statute Law (Miscellaneous Provisions)
`Summary proceedings 1
`44.(1) In an Act, a provision of the type mentioned in subsection (2) 2
means that a proceeding for an offence, or a specified offence, against the 3
Act is a summary proceeding under the Justices Act 1886. 4
`(2) Subsection (1) applies to provisions of the following type-- 5
(a) a provision to the effect that a proceeding for the offence is to be 6
heard and decided summarily; 7
(b) a provision to the effect that a proceeding for the offence is to be 8
heard and decided by or before justices or a Magistrate; 9
(c) a provision to the effect that the offence is a summary offence or 10
is punishable on summary conviction or summarily; 11
(d) a provision for an offence that does not expressly or impliedly 12
make the offence an indictable offence. 13
`(3) In an Act, a provision that provides that another type of proceeding 14
is to be heard and decided summarily, or before justices or a Magistrate, 15
means that the proceeding is a summary proceeding under the Justices Act 16
1886. 17
`(4) A provision providing for the imposition of a penalty or the making 18
of a forfeiture order, without providing how the penalty is to be recovered 19
or the order made, is taken to mean that the penalty may be recovered, or 20
the order made, under the Justices Act 1886. 21
`Offence punishable only once 22
`45.(1) If an act or omission is an offence under each of 2 or more laws, 23
the offender may be prosecuted and punished under any of the laws, but the 24
offender may not be punished more than once for the same offence. 25
`(2) Subsection (1) applies to a law unless an Act otherwise expressly 26
provides. 27
`(3) In this section-- 28
"law" includes the common law.'. 29
30
Statute Law (Miscellaneous Provisions)
51. After section 48-- 1
insert-- 2
`Verification of documents 3
`48A. If an Act requires that, for a purpose of the Act or another law, a 4
document, or information or a document included in, attached to or given 5
with a document, be verified in a specified way, the purpose is not fulfilled 6
unless the requirement is satisfied. 7
Example-- 8
If an Act requires a document accompanying an application form to be 9
verified by statutory declaration and the document is lodged without being 10
verified in this way, the document has not been properly lodged for the 11
purposes of the Act.'. 12
52. Section 49(1)-- 13
omit, insert-- 14
`49.(1) If a form is prescribed by an Act, strict compliance with the form 15
is not necessary and substantial compliance is sufficient.'. 16
17
Explanatory note
18
Amendment 1 applies existing section 7 (Act includes statutory instruments under
19
Act) to laws of other Australian jurisdictions and puts beyond doubt that the section
20
applies to statutory instruments.
21
Amendment 2 replaces section 9 (Acts to be construed not to exceed legislative
22
power of Parliament). Although no changes of substance have been made, proposed
23
section 9(1) expressly states that an Act is to be interpreted as operating
24
distributively. This is the effect of existing section 9(2), that is, provisions are to
25
operate independently of the operation of other provisions and the Act is to operate
26
on various persons, matters and circumstances independently of its operation on other
27
persons, matters and circumstances: see, for example, Dixon J. in R v Poole; Ex
28
parte Henry (No. 2) (1939) 61 CLR 634 at 652. The other proposed subsections make
29
minor technical drafting improvements.
30
Amendment 3 introduces a definition of "enactment" into section 14G (References
31
to enactments) to clarify the word's meaning.
32
Amendment 4 extends existing section 14H (References taken to be included in Act
33
citation etc.) to cover references in an Act to a statutory instrument as well as to an
31
Statute Law (Miscellaneous Provisions)
1
Act. Proposed section 14H will deal with the various resulting combinations, for
2
example, an Act, or a provision of an Act, that is repealed and remade as a statutory
3
instrument or a provision of a statutory instrument. References to the laws of other
4
Australian jurisdictions will be covered because of the proposed definition "law".
5
Amendment 4 also extends existing section 14I (References to changed short titles
6
and citations) to deal with statutory instruments and laws of the Commonwealth,
7
another State or a Territory as well as Queensland Acts. The amendment also inserts
8
a new section 14J to clarify references made to laws after they have been repealed or
9
have expired.
10
Amendment 5 makes a minor drafting improvement by dividing a paragraph into
11
subparagraphs.
12
Amendments 6 and 8 make minor technical drafting improvements to section
13
17(3)(d) and (4)(d). Section 17 deals with the exercise of powers between
14
enactment and commencement.
15
Amendment 7 also makes a minor technical amendment of section 17. Existing
16
section 17(4)(b) refers to `the' purpose mentioned in section 17(3). There are in fact
17
2 purposes mentioned in section 17(3).
18
Amendments 9 and 10 make technical drafting amendments of section 20 (Saving of
19
operation of repealed Act etc.). As `liability' is defined in section 36 to include any
20
obligation, the previous express reference in section 20(1)(c) to `obligation' was
21
unnecessary and has been removed.
22
Amendment 11 inserts new subsection (4) in section 20 to make it clear that the
23
section is in addition to, and does not limit the effect of, any savings or transitional
24
provision in the law by which the repeal, amendment or expiry is effected.
25
Amendment 12 inserts new sections 20A and 20B. Proposed section 20A clarifies
26
the operation of existing sections 19 (Repealed Acts etc. not revived) and 20 (Saving
27
of operation of repealed Act etc.) in relation to the repeal or expiry of certain laws of
28
a declaratory or validating nature. The proposed section will enable laws containing
29
declaratory or validating provisions and laws specified under proposed subsection (2)
30
to be repealed without altering their legal effect. Proposed section 20B makes it
31
clear that appointments (including standing acting appointments and other acting
32
appointments), delegations and other things (other than statutory instruments)
33
existing before the amendment of the power under which they were made continue in
34
force after the amendment if they could be made under the amended provision.
35
Statutory instruments are dealt with in proposed section 20C (Continuance etc. of
36
statutory instruments made under amended provisions) of the Statutory Instruments
37
Act 1992.
38
Amendment 13 omits existing section 22A (Insertion of definitions by amending Act)
39
and replaces the section with 2 proposed sections. Proposed section 22A extends the
40
existing automatic placement device that applies to the insertion of definitions to
41
subsections, paragraphs, subparagraphs, sub-subparagraphs and other provisions that
42
are to form part of a series of provisions. Proposed section 22B will remove the need
32
Statute Law (Miscellaneous Provisions)
1
to use `wherever occurring' when making amendments. The proposed sections will
2
allow the further simplification of Queensland amending legislation.
3
Amendment 14 makes a minor drafting improvement to several provisions by
4
replacing `particular' with `specified'. The changed language is consistent with
5
proposed section 24C (Acting person nominated by Act etc.).
6
Amendment 15 amends section 24B (Acting appointments) by inserting a proposed
7
subsection (3A) and replacing existing subsection (4). Proposed subsection (3A)
8
explains how a body (including a body that does not have a separate legal
9
personality eg. an unincorporated committee) may make or terminate an acting
10
appointment. Existing subsection (4) requires acting appointments or the termination
11
of acting appointments to be in, or evidenced by, signed writing. The replacement
12
subsection clarifies the application of the subsection to bodies.
13
Amendment 16 makes minor technical drafting improvements to section 24B(8) and
14
provides that all laws apply to the acting officer.
15
Amendment 17 adds a number of new subsections to section 24B. Proposed
16
subsections (11) and (12) cover a change in an appointer who is an officer, the
17
holder of an office or a body. They will, for example, allow a body with a different
18
membership than that at the time of appointment to terminate an appointment under
19
proposed subsection (3A) or authorise the making of an evidentiary certificate under
20
proposed subsection (14). Proposed subsections (13) to (15) provide evidentiary
21
statements for acting appointments.
22
Amendment 18 inserts a new section 24C. Existing section 24B deals with people
23
who are appointed to act by a person or body. Proposed section 24C deals with
24
people who are nominated to act by an Act (eg. under the Financial Administration
25
and Audit Act 1977 the Deputy Auditor-General acts as Auditor-General during
26
absences of the Auditor-General). The proposed section will also, for example, apply
27
to a deputy of a member who is authorised by an Act to act as the member during
28
absences of the member (eg. absences from meetings). The proposed section mirrors
29
section 24B(8) and (9) and will overcome the need to repeat these standard
30
provisions in individual Acts.
31
Amendment 19 corrects a clerical error in section 25 (Powers of appointment imply
32
certain incidental powers) by inserting `the' before `functions'.
33
Amendment 20 makes a minor amendment of section 27A (Delegation of powers).
34
The amendment will allow a delegator authorised under an Act to delegate in
35
accordance with that Act and any other applicable law.
36
Amendment 21 amends section 27A by omitting subsection (3A) and replacing it
37
with 3 subsections. Proposed subsection (3A) remakes existing subsection (3A)(a)
38
and explains how a body may make or revoke a delegation. The other aspects of
39
existing subsection (3A) have been remade in proposed subsection (3B). Proposed
40
subsection (3B) provides a rebuttable presumption that all conditions and preliminary
41
steps required for the exercise of a delegation have been satisfied. Proposed
42
subsection (3C) is the delegation equivalent of section 24B(8)(b). The proposed
33
Statute Law (Miscellaneous Provisions)
1
subsection provides that laws apply to the delegate in the exercise of a delegated
2
power as if the delegate were the delegator. Thus, references in Acts to the
3
delegator include the delegate.
4
Amendment 22 makes minor drafting improvements to subsection 27A(8).
5
Amendment 23 adds 2 new subsections to section 27A. Proposed subsections (8A)
6
and (8B) cover a change in delegator who is an officer, the holder of an office or a
7
body. Existing subsection (3A) covers a change in a delegator who is a body.
8
Amendment 24 inserts an additional subsection (10A) dealing with the obligations of
9
a person who delegates a power. The subsection makes it clear that the person
10
remains responsible for ensuring that the power is properly exercised.
11
Amendment 25 adds 3 new subsections to section 27A relating to evidentiary
12
statements for delegations. The proposed subsections mirror provisions proposed to
13
be inserted in section 24B (Acting appointments).
14
Amendment 26 replaces section 29 (Construction of resolutions of Legislative
15
Assembly). The replacement section simplifies the existing language and brings it
16
into line with proposed section 9 (Act to be interpreted not to exceed Parliament's
17
legislative power). Under the provision it is intended that a resolution should have a
18
distributive operation, that is, it is to operate on various persons, matters and
19
circumstances independently of its operation on other persons, matters and
20
circumstances. This is to overcome a limitation in severability provisions such as the
21
existing section 29: see, for example, Dixon J. in R v Poole; Ex parte Henry (No. 2)
22
(1939) 61 CLR 634 at 652. The replacement section also applies to committees of
23
the Legislative Assembly.
24
Amendment 27 inserts a proposed new section 32AA to deal with the situation where
25
a term is defined in the Acts Interpretation Act and another Act has a definition of
26
the term that only includes a specified meaning. The other definition is not taken to
27
exclude the definition in the Acts Interpretation Act unless the definitions are
28
actually inconsistent.
29
Amendment 28 amends section 32CB (Words and expressions used in amending
30
Acts) to put beyond doubt the application of the section to statutory instruments (see
31
Statutory Instruments Act 1992, section 14(1)).
32
Amendment 29 makes a minor drafting improvement to section 32E (Production of
33
records kept in computers etc.).
34
Amendment 30 amends the heading to section 33 (References to Ministers and
35
departments) to include reference to chief executive officers as introduced by
36
proposed section 33(5B).
37
Amendment 31 amends section 33 (References to Ministers and departments). The
38
amendment makes minor drafting improvements to section 33(1)(b) by replacing
39
`any other Minister' with `another Minister' and `any member' with `a member'. It
40
also omits the redundant words `or on behalf of'. These changes are in accordance
41
with current drafting practice.
34
Statute Law (Miscellaneous Provisions)
1
Amendment 32 makes minor drafting improvements to section 33(2)(b) and (c) by
2
replacing `that Minister' with `the Minister' and `those Ministers' with `the
3
Ministers'.
4
Amendment 33 makes a minor drafting improvement to section 33(3).
5
Amendment 34 remakes existing section 33(8)(a) in simpler language and in a more
6
appropriate location.
7
Amendment 35 makes a minor drafting improvement to section 33(5)(a)(ii) by
8
replacing `that matter' with `the matter'.
9
Amendment 36 inserts 2 new subsections into section 33. Proposed subsection (5A)
10
remakes existing section 33(8)(b) in simpler language and in a more appropriate
11
location. Proposed subsection (5B) clarifies the meaning of `chief executive' when
12
used without specifying the chief executive's department.
13
Amendment 37 makes a number of minor drafting improvements to section 33(6).
14
Amendment 38 omits section 33(8). The subsection is proposed to be remade by
15
other amendments as sections 33(4A) and (5A).
16
Amendment 39 makes minor technical amendments of section 35 (References to
17
Queensland to be implied) by replacing references to `other matter or thing' with
18
references to `other thing'. It is an unnecessary duplication to refer to both `matter'
19
and `thing'.
20
Amendment 40 remakes section 35B (Reference to certain provisions of an Act) to
21
make minor drafting improvements. Proposed section 35B(c) and (d) deal
22
specifically with references to Parts where the Act is divided into Chapters and
23
where it is not. Proposed section 35B(h) covers the existing section 35B(c)(v) and
24
(vi).
25
Amendment 41 makes a minor drafting improvement to section 35C (Headings part
26
of provision etc.)
27
Amendment 42 remakes section 35D (Reference to provisions of an Act is inclusive).
28
The remade section clarifies that a reference to a part of an Act by specifying the
29
first and last provisions of the part includes all provisions, whatever their type,
30
between the first and last provisions (including, for example, all headings). The
31
remade section also puts beyond doubt the application of the section to statutory
32
instruments.
33
Amendment 43 omits a number of definitions from section 36 (Meaning of commonly
34
used words and expressions). Apart from the definitions "Executive Council" and
35
"Government", the definitions are replaced by Amendment 44. The definitions that
36
have not been replaced are redundant because of section 35 (References to
37
Queensland to be implied).
38
Amendment 44 inserts a number of definitions into section 36. Some of the
39
definitions replace existing definitions. Others are new.
35
Statute Law (Miscellaneous Provisions)
1
"Aborigine"-- This definition is new and complements the existing definition
2
"Aboriginal people".
3
"Act"-- This definition corrects a previous incorrect reference to section 5. The
4
reference was also corrected in Reprint No. 1 of the Acts Interpretation Act
5
using section 7(1)(j) of the Reprints Act 1992. The amendment is being made
6
out of an abundance of caution.
7
"adult" and "minor"-- These are replacement definitions. The unnecessary phrase
8
`years of age' has been removed from both definitions.
9
"ASC Law" and "ASC Regulations"-- These separate definitions replace the
10
previous combined definition.
11
"bank", "building society", "cheque", "credit union", "financial institution",
12
"law" and "printed"-- These are new definitions of terms commonly used in
13
Acts.
14
"chief executive"-- Proposed paragraph (b) is new and complements proposed
15
section 33(5B).
16
"Constitution of Queensland"-- This replacement definition makes minor drafting
17
improvements to the existing definition replacing `of 6 June 1859' with `dated 6
18
June 1859', `referred to in the preamble' with `mentioned in the preamble' and
19
`that order in council' with `the order in council'. The definition also makes it
20
clear that the laws mentioned in the definition are to be considered as a group
21
when the defined term is used.
22
"contravene"-- Proposed paragraph (a) is new and clarifies the definition's
23
meaning.
24
"Corporations Law" and "Corporations Regulations"-- These separate definitions
25
replace the previous combined definition.
26
"document"-- A minor drafting improvement has been made to paragraph (c) of
27
this existing definition.
28
"fundamental legislative principles"-- This definition is new and provides a
29
cross-reference to the Legislative Standards Act 1992 (including a further
30
change proposed to be made in this Bill).
31
"gazetted"-- This definition has been revised consequentially on the changed
32
procedure for subordinate legislation under Part 5 of the Statutory Instruments
33
Act 1992 (including a further change proposed to be made by this Bill);
34
"Industrial Magistrate"-- This replacement definition makes a minor drafting
35
improvement by removing the reference to the specific provision of the
36
Industrial Relations Act 1990 that defines the term.
37
"lease", "lessee" and "lessor"-- These 3 new lease-related definitions are taken
38
from the Property Law Act 1974.
36
Statute Law (Miscellaneous Provisions)
1
"mortgage", "mortgagee", "mortgagee in possession", "mortgagor" and
2
"possession"-- These 4 mortgage-related definitions and the related definition
3
"possession" have also been taken from the Property Law Act 1974.
4
"State"-- The inclusion of the territories is designed to simplify references to other
5
Australian jurisdictions.
6
"the Act"-- This new definition mirrors the existing definition "this Act".
7
"under"-- This new definition will simplify future legislation. For example, it will
8
no longer be necessary to use `by or under' or `under or for the purposes of'.
9
"year"-- This new definition complements the existing definition "calendar year".
10
Amendment 45 makes a minor drafting improvement to section 37 (Measurement of
11
distance) by remaking the section in simpler language.
12
Amendment 46 makes a minor drafting improvement to section 38 (Reckoning of
13
time).
14
Amendment 47 makes a minor drafting improvement to section 38(4) by replacing
15
`prescribed occasion arises' with `relevant occasion happens'.
16
Amendment 48 makes a minor drafting improvement to section 38A by replacing
17
`that age' with `the age'.
18
Amendment 49 makes a minor drafting improvement to section 39 (Service of
19
documents) by replacing `any other law' with `another law'.
20
Amendment 50 remakes existing sections 42 to 45 (that relate to offences and
21
criminal proceedings) to make improvements of a drafting nature. No changes of
22
substance have been made in remaking the sections.
23
Amendment 51 inserts a new section 48A dealing with the verification of documents.
24
The new section parallels the verification of forms provision in existing section
25
49(2)(c).
26
Amendment 52 makes minor drafting improvements to section 49(1) (Forms).
NTI-DISCRIMINATION ACT 1991 27
´A
Amendments 28
1. Section 187(a)-- 29
omit `section 186', insert `section 195.' 30
37
Statute Law (Miscellaneous Provisions)
2. Section 250 (heading)-- 1
omit, insert-- 2
`Appointment of President and other Members'. 3
3. Section 250 (after subsection (1))-- 4
insert-- 5
`(1A) One Member is to be appointed President of the Tribunal by the 6
Governor in Council. 7
`(1B) The President may resign office as President without resigning 8
office as a Member.'. 9
4. Section 251(1)-- 10
omit. 11
5. Section 251(2)-- 12
omit `appointed Member', insert `President'. 13
14
Explanatory note
15
Amendment 1 corrects a cross-reference error.
16
Amendments 2-6 provide for the appointment of 1 of the Members as President and
17
consequential amendments.
NZAC DAY ACT 1921 18
´A
Amendments 19
1. Section 3 (definition "Minister")-- 20
omit. 21
38
Statute Law (Miscellaneous Provisions)
2. Section 5(a)-- 1
omit `The Governor in Council by Order in Council', 2
insert `A regulation'. 3
3. Section 5(b)-- 4
omit. 5
4. Section 10(13)-- 6
omit. 7
5. Section 14-- 8
omit, insert-- 9
`Regulations 10
`14. The Governor in Council may make regulations for the purposes of 11
this Act.'. 12
13
Explanatory Note
14
Amendments 1 and 3 omit redundant provisions.
15
Amendment 2 and proposed section 14 (inserted by Amendment 5) implement
16
current drafting practice by providing that statutory instruments of a legislative nature
17
used for the purposes of the Act are regulations.
18
Amendments 4 and 5 omit provisions that are now unnecessary because the matters
19
provided for in them are covered by the Financial Administration and Audit Act 1977.
SSOCIATIONS (NATURAL DISASTER RELIEF) 20
´A
ACT 1976 21
Amendments 22
1. Section 3 (definition "Minister")-- 23
omit. 24
39
Statute Law (Miscellaneous Provisions)
2. Section 7-- 1
omit, insert-- 2
`Committee 3
`7.(1) There is a committee of 3 persons appointed by the Governor in 4
Council. 5
`(2) The committee is to meet at the times and places, and conduct its 6
business in the way, prescribed by regulation or, if not prescribed by 7
regulation, as it considers appropriate.'. 8
3. Section 9(3) and (4)-- 9
omit, insert-- 10
`(3) The approval of a grant or loan may be given subject to the 11
conditions that the Governor in Council considers appropriate.'. 12
13
Explanatory note
14
Amendment 1 omits a redundant definition.
15
Amendments 2 and 3 recast the provisions in accordance with current drafting
16
practice and remove the need for orders in council of an administrative nature.
REAKWATER ISLAND CASINO AGREEMENT ACT 17
´B
1984 18
Amendments 19
1. Section 3-- 20
omit, insert-- 21
`Variation of formal agreement 22
`3.(1) The formal agreement may be varied by a further agreement 23
between the Minister and the other parties to the formal agreement. 24
`(2) The Minister may make a further agreement only if the proposed 25
further agreement has been approved by regulation. 26
40
Statute Law (Miscellaneous Provisions)
`(3) The Minister must notify the date of the making of the further 1
agreement by Gazette notice.'. 2
2. Section 5-- 3
omit, insert-- 4
`Variation of Board and Council agreements 5
`5.(1) In this section-- 6
"ancillary agreement" means-- 7
(a) the Board agreement; or 8
(b) the Council agreement. 9
`(2) An ancillary agreement may be varied by a further agreement 10
between the parties to the ancillary agreement. 11
`(3) The parties to an ancillary agreement may make a further agreement 12
only if the proposed further agreement has been approved by regulation. 13
`(4) The parties to an ancillary agreement that is amended under 14
subsection (3) must give the Minister a copy of the further agreement that 15
has been made between them as soon as possible after it has been made. 16
`(5) The Minister must notify the date of the making of the further 17
agreement by Gazette notice.'. 18
3. Section 7-- 19
omit. 20
4. Section 8-- 21
renumber as section 7. 22
5. After section 8-- 23
insert-- 24
41
Statute Law (Miscellaneous Provisions)
`Regulations 1
`8.(1) The Governor in Council may make regulations for the purposes 2
of this Act. 3
`(2) For the purposes of subsection (1), a mention in-- 4
(a) the formal agreement; or 5
(b) the Board agreement; or 6
(c) the Council agreement; 7
of an order in council is taken to be a mention of a regulation.'. 8
9
Explanatory Note
10
The amendments implement current drafting practice by providing that the statutory
11
instruments of a legislative nature to be used for the purposes of the Act are
12
regulations.
ASINO CONTROL ACT 1982 13
´C
Amendments 14
1. Section 4(1)-- 15
insert-- 16
` "chief executive" means the chief executive of the department;'. 17
2. Section 62(4)-- 18
omit, insert-- 19
`(4) A drop box or other receptacle (a "deposit receptacle") that is used 20
for the deposit of money, tokens, vouchers, slips or other papers (whether 21
or not there is anything actually deposited in the deposit receptacle at the 22
relevant time) must be fitted with 2 locks. 23
`(4A) A gaming table to which a deposit receptacle is attached must be 24
fitted with a lock that secures the deposit receptacle to the gaming table. 25
`(4B) A count room or storage area in which there is a deposit receptacle 26
42
Statute Law (Miscellaneous Provisions)
that is being used in connection with the operation of the casino must be 1
fitted with 2 locks. 2
`(4C) The key or keys of 1 of the locks mentioned in subsections (4) and 3
(4B) must be under the exclusive control of officers of the Division and the 4
key or keys of the other lock must be under the exclusive control of the 5
casino operator. 6
`(4D) The keys of the lock mentioned in subsection (4A) must be under 7
the exclusive control of the casino operator. 8
`(4E) A lock must not be able to be unlocked by a key of another lock. 9
`(4F) A deposit receptacle must not be-- 10
(a) brought into or removed from the area of the casino used for the 11
conduct and playing of games; or 12
(b) locked or unlocked; 13
except at a time and in a way (and in the case of locking or unlocking in a 14
place) approved by the Director.'. 15
3. Section 67(2)-- 16
omit, insert-- 17
`(2) The casino operator must not accept a cheque for deposit to the 18
account unless it is-- 19
(a) drawn on a bank by the person; and 20
(b) made payable to the casino operator; and 21
(c) dated but not postdated. 22
`(2A) Despite subsection (2), the casino operator may accept a cheque 23
for deposit to the account if it is-- 24
(a) a traveller's cheque; or 25
(b) a bank cheque drawn in favour of the person and indorsed to the 26
casino operator; or 27
(c) a cheque drawn by-- 28
(i) a casino licensee; or 29
43
Statute Law (Miscellaneous Provisions)
(ii) the holder of a licence to operate a casino issued by another 1
State or Territory under a law corresponding to this Act; 2
in favour of the person and indorsed to the casino operator; or 3
(d) a cheque prescribed by regulation.'. 4
4. Section 112(1)(d) (after `not')-- 5
insert `, without the approval of the chief executive,'. 6
5. Section 112(2)(b) (after `not')-- 7
insert `, without the approval of the chief executive,'. 8
9
Explanatory note
10
General comment
11
The opportunity has been taken in making the amendments outlined in amendments
12
2 and 3 to recast certain existing provisions in Plain English. Except as outlined by
13
the relevant amendments, the effect of the Act has not been altered.
14
Amendment 1 inserts a standard definition of chief executive.
15
Amendment 2
16
The proposed subsections (4) to (4F) restate existing section 62(4) in Plain English
17
with 1 exception. A drop box or other receptacle now needs to be secured to a
18
gaming table with only 1 lock.
19
Amendment 3
20
This amendment broadens the type of cheques that may be accepted by a casino
21
operator for deposit into a deposit advance account.
22
Amendments 4 and 5
23
Under these amendments a person who was an officer of the Casino Control Division
24
may now, with the approval of the chief executive, take a position as an employee
25
of, or a business or financial associate with, a licensee within 1 year after the person
26
ceased to be an officer of the Division. Comparable provisions already exist in the
27
Gaming Machine Act 1991 and these amendments are consistent with those
28
provisions.
44
Statute Law (Miscellaneous Provisions)
HEMICAL USAGE (AGRICULTURAL & 1
´C
VETERINARY) CONTROL ACT 1988 2
Amendments 3
1. Section 1-- 4
omit `&', insert `and'. 5
2. Section 4(1) (definition "Minister")-- 6
omit. 7
3. Section 7-- 8
omit, insert-- 9
`Delegation by Minister 10
`7. The Minister may delegate the Minister's powers under this Act to 11
the chief executive of the department.'. 12
4. Section 13-- 13
omit, insert-- 14
`Proscription of chemicals 15
`13. The Governor in Council may, by regulation, declare a chemical to 16
be a proscribed chemical if the Governor in Council is of the opinion that-- 17
(a) the use of the chemical may cause harm to-- 18
(i) any human, animal, plant or property; or 19
(ii) the environment; or 20
(iii) the State's trade with another State or a Territory or a foreign 21
country; and 22
(b) it is in the public interest to make the proscription.'. 23
45
Statute Law (Miscellaneous Provisions)
5. Section 38(1)-- 1
omit, insert-- 2
`38.(1) The Governor in Council may make regulations for the purposes 3
of this Act.'. 4
6. Section 38(3) to (5)-- 5
omit, insert-- 6
`(3) A regulation may provide for the approval of the Minister to be the 7
standard applicable in respect of a particular thing.'. 8
9
Explanatory note
10
Amendment 1 makes a minor change to the Act's short title.
11
Amendment 2 omits a redundant definition.
12
Amendment 3 remakes an existing provision relating to delegations using current
13
drafting practice and in reliance on section 27A of the Acts Interpretation Act 1954.
14
Amendment 4 remakes an existing provision using current drafting practice and
15
changes the method of proscribing chemicals from an order in council to a regulation.
16
Amendment 5 updates the regulation making power.
17
Amendment 6 omits redundant provisions and remakes an existing provision.
ITY OF BRISBANE (FLOOD MITIGATION WORKS 18
´C
APPROVAL) ACT 1952 19
Amendments 20
1. Section 5(1)-- 21
omit `at any time and from time to time by Order in Council published in 22
the Gazette'. 23
2. Section 5(1) (2nd and 3rd sentences)-- 24
omit, insert-- 25
46
Statute Law (Miscellaneous Provisions)
`(1A) The Governor in Council may, in relation to the approval-- 1
(i) impose conditions; and 2
(ii) amend or revoke a condition.'. 3
3. Section 5(3)-- 4
omit `(including any and every term, provision, condition, or stipulation 5
set out in the Order in Council granting the approval or in a separate or 6
further Order in Council)'. 7
4. Section 11(1)-- 8
omit `Order in Council', insert `regulation'. 9
5. Section 11(1)-- 10
omit `order', insert `regulation'. 11
6. Section 11(2)-- 12
omit `an Order in Council', insert `a regulation'. 13
7. After section 11-- 14
insert-- 15
`Regulations 16
`12. The Governor in Council may make regulations for the purposes of 17
this Act.'. 18
19
Explanatory note
20
Amendments 1, 2 and 3 remove the need for orders in council of an administrative
21
character and recast a provision in accordance with current drafting practice.
22
Amendments 4 to 6 implement current drafting practice by providing that the
47
Statute Law (Miscellaneous Provisions)
1
statutory instruments of a legislative character to be used for the purposes of the Act
2
are regulations.
3
Amendment 7 provides for a general regulation making power.
OLLECTIONS ACT 1966 4
´C
Amendments 5
1. Sections 2 to 4-- 6
omit. 7
2. Section 5(1) (definitions "Art Union", "Director-General", 8
Minister" and "Part")-- 9
omit. 10
3. Section 5(1) (definition "Permanent building society")-- 11
omit. 12
4. Section 5(1)-- 13
insert-- 14
` "art union" has the meaning given by the Art Unions and Public 15
Amusements Act 1992;'. 16
5. Section 5(1) (definition "Appeal for support")-- 17
omit `:The term where used in relation to any art union means any 18
advertisement within the meaning of The Art Union Regulation Acts, 1964 19
to 1965'. 20
6. Section 25(3)(f)-- 21
omit `bank or building society', insert `financial institution'. 22
48
Statute Law (Miscellaneous Provisions)
7. Section 26(1)(d)-- 1
omit `bank or building society', insert `financial institution'. 2
8. Section 34(1)(c)-- 3
omit `bank, building society', insert `financial institution'. 4
9. Section 47(3)(xii)-- 5
omit `bank, building societies', insert `financial institution'. 6
7
Commencement
8
Amendments 3 and 6 to 9 of the Collections Act 1966 commence on a day to be fixed
9
by proclamation.
10
Explanatory note
11
Amendments 1 to 5 omit unnecessary provisions and update references.
12
Amendments 6 to 8 extend the range of financial institutions into which money
13
collected under Part 3 of the Collections Act may be deposited to include credit
14
unions (see definition "financial institution" proposed to be inserted into the Acts
15
Interpretation Act 1954 by this Bill).
ISTRICT COURTS ACT 1967 16
´D
Amendments 17
1. Section 10-- 18
omit, insert-- 19
`Chief Judge and Senior Judges 20
`10.(1) The Governor in Council may, by commission, appoint-- 21
(a) a District Court Judge as Chief Judge of District Courts; and 22
(b) 1 or more District Court Judges as Senior Judge or Senior Judges 23
of District Courts. 24
49
Statute Law (Miscellaneous Provisions)
`(2) The Governor in Council may, by Gazette notice, appoint a Judge to 1
act as Chief Judge or a Senior Judge during any period, or all periods, when 2
the Chief Judge or Senior Judge is, for any reason, unable to discharge the 3
person's office.'. 4
2. Section 101-- 5
omit `by Order in Council'. 6
7
Explanatory note
8
Amendment 1 provides for the replacement of the titles of `Chairman' and `Deputy
9
Chairman' by `Chief Judge' and `Senior Judge' respectively. The provisions relating
10
to acting appointments for the offices have also been updated.
11
Rules of Court
12
The District Courts Rules of Court are subordinate legislation under section 9 of the
13
Statutory Instruments Act 1992. It is unnecessary for the Governor in Council to
14
sanction the Rules by an instrument that is also subordinate legislation. The
15
amendment removes the requirement that the Governor in Council's sanction be by
16
way of an order in council.
DUCATION (GENERAL PROVISIONS) ACT 1989 17
´E
Amendments 18
1. Section 3(1) (definitions "company" and "Director-General")-- 19
omit. 20
2. Section 3(1)-- 21
insert-- 22
` "Director-General" means the chief executive of the department;'. 23
3. Section 3(1) (definition "Education Office Gazette")-- 24
omit `Department of Education', insert `department'. 25
50
Statute Law (Miscellaneous Provisions)
4. Section 3(1) (definition "State educational institution")-- 1
omit `, 15, 16 or 17', insert `or 15'. 2
5. Section 3(1) (definition "State school")-- 3
omit all words from `or such other'. 4
6. Section 3(2)-- 5
omit `prescribed by Order in Council', 6
insert `approved by the Governor in Council'. 7
7. Section 4(1)(d)-- 8
omit `companies' (1st mention), insert `a corporation or partnership'. 9
8. Section 4(1)(d)-- 10
omit `any company or companies', insert `a corporation or partnership'. 11
9. Sections 15 to 17-- 12
omit, insert-- 13
`Establishment of school support centres, student hostels and 14
residential colleges and other State educational institutions 15
`15.(1) If the Minister considers it necessary or convenient for the 16
purposes of this Act, the Minister may establish and conduct, in accordance 17
with guidelines approved by the Governor in Council-- 18
(a) centres for the support and development of teachers and other 19
officers of the department; or 20
(b) student hostels or student residential colleges; or 21
(c) other State educational institutions. 22
`(2) The Minister may provide resources for any association, person or 23
body, the objects of which are to provide for the support and development 24
of teachers and other officers of the department.'. 25
51
Statute Law (Miscellaneous Provisions)
10. Section 58(2)(a)(i)-- 1
omit `prescribed by Order in Council', 2
insert `approved by the Governor in Council'. 3
11. Heading to Part 6-- 4
omit `COMPANIES', 5
insert `CORPORATIONS, PARTNERSHIPS'. 6
12. Section 63 (heading)-- 7
omit `companies', insert `corporations'. 8
13. Section 63(1)-- 9
omit `company whether incorporated, established or entered into within 10
or outside the State,', 11
insert `corporation or partnership'. 12
14. Section 63(2)-- 13
omit `any company', insert ` a corporation or partnership'. 14
15. Section 65 (heading)-- 15
omit `Companies', insert `Corporations and partnerships'. 16
16. Section 65-- 17
omit `Any company', insert `A corporation or partnership'. 18
17. Section 65-- 19
omit `company's affairs', 20
insert `affairs of the corporation or partnership'. 21
52
Statute Law (Miscellaneous Provisions)
18. Section 66-- 1
omit `any company', insert `a corporation or partnership'. 2
19. Section 67(1)-- 3
omit `company', insert `corporation or partnership'. 4
20. Section 75-- 5
omit, insert-- 6
`Restriction on establishment of places for teaching overseas 7
curriculum 8
`75.(1) In this section-- 9
"international educational institution" means an institution, facility, 10
school, college or other place in Queensland that offers or proposes to 11
offer an overseas curriculum or something that purports to be an 12
overseas curriculum; 13
"overseas curriculum" means a curriculum that is, or is a variation of, the 14
whole or part of the primary or secondary curriculum of a foreign 15
country. 16
`(2) A person must not establish or conduct an international educational 17
institution without the approval of the Governor in Council. 18
`(3) The Governor in Council may impose conditions on the approval 19
that the Governor in Council considers appropriate. 20
`(4) The Minister may cause an international educational institution to be 21
inspected by the executive director of the region in which the institution is 22
situated at the intervals, and in the way, that the Minister determines. 23
`(5) The Minister may recover from the person who conducts an 24
international educational institution the reasonable costs incurred in relation 25
to an inspection. 26
`(6) Subject to an appropriation by the Parliament for the purpose, a 27
regulation may be made with respect to the payment of allowances to 28
persons enrolled in an international educational institution. 29
`(7) Subsection (6) does not apply to-- 30
53
Statute Law (Miscellaneous Provisions)
(a) a State educational institution; or 1
(b) a non-State school; or 2
(c) a place where instruction is received under section 58(2)(a).'. 3
21. Section 76-- 4
omit, insert-- 5
`Restriction on overseas persons receiving instruction 6
`76.(1) A person must not enrol or provide instruction to a person from a 7
foreign country on a fee-paying basis in any of the following educational 8
institutions unless the Governor in Council has given approval to the 9
institution to provide instruction to persons from foreign countries-- 10
(a) a non-State school; 11
(b) another institution (other than a State school) preparing students 12
for a junior or senior certificate; 13
(c) an international educational institution in respect of which an 14
approval is given under section 75. 15
`(2) The Governor in Council may impose conditions on the approval 16
that the Governor in Council considers appropriate.'. 17
22. Section 78-- 18
omit, insert-- 19
`Regulations 20
`78.(1) The Governor in Council may make regulations for the purposes 21
of this Act. 22
`(2) A regulation may be made with respect to the following matters-- 23
(a) the matters for which fees are payable under this Act, the 24
amounts of the fees, the persons who are liable to pay fees, when 25
the fees are payable, and the recovery of any unpaid amount of 26
fees; 27
(b) the management, administration and control of the operations of a 28
State educational institution; 29
54
Statute Law (Miscellaneous Provisions)
(c) prescribing offences for contraventions of a regulation and fixing 1
a maximum penalty of 10 penalty units for a contravention.'. 2
23. Section 80-- 3
omit. 4
24. After section 81-- 5
insert-- 6
`Savings--established centres, hostels, colleges and institutions 7
`81A.(1) This section applies to the following institutions-- 8
(a) a centre for the support and development of teachers and other 9
officers of the department; 10
(b) a student hostel or student residential college; 11
(c) another State educational institution. 12
`(2) An institution to which this section applies that-- 13
(a) was established under this Act before the commencement of this 14
section; and 15
(b) was maintained or carried on under this Act immediately before 16
the commencement; 17
is taken to be an institution established under this Act after the 18
commencement. 19
`(3) This section expires at the end of the day it commences.'. 20
25. Section 84-- 21
omit all words from `shall upon', 22
insert `is evidence of the matters contained in the certificate.'. 23
24
Explanatory Note
25
Amendment 1 omits a definition that contains a reference to an outdated Act and
26
also a definition replaced by amendment 2.
55
Statute Law (Miscellaneous Provisions)
1
Amendment 2 updates an existing definition in line with the Acts Interpretation Act
2
1954
3
Amendment 3 updates an existing definition in line with the Acts Interpretation Act
4
1954.
5
Amendment 4 makes a consequential amendment because of amendment 9.
6
Amendment 5 corrects a minor error by omitting reference to other means of
7
educational instruction that are dealt with in section 14.
8
Amendments 6 and 10 remove the requirement for an order in council prescribing
9
administrative guidelines.
10
Amendments 7, 8 and 11 to 19 makes consequential amendments because of
11
amendment 1 by omitting references to companies and replacing them with
12
references to corporations and partnerships.
13
Amendment 9 repeals and recasts the existing sections 15 to 17 in accordance with
14
current drafting practice. In addition the requirement for orders in council giving
15
authorisations and approvals under the provisions is removed.
16
Amendments 20 to 21 recast the existing sections 75 and 76 in accordance with
17
current drafting practice. In addition the requirement for orders in council giving
18
authorisations and approvals under the provisions is removed.
19
Amendment 22 remakes section 78 in the current drafting style for regulation making
20
powers.
21
Amendment 23 omits a redundant provision.
22
Amendment 24 saves the establishment of existing centres, hostels, colleges and
23
other State educational institutions.
24
Amendment 25 makes a minor change in accordance with current drafting practice.
LECTRICITY ACT 1976 25
´E
Amendments 26
1. Schedule 5 (before clause 4(1))-- 27
insert-- 28
`4.(1A) In this clause-- 29
"old fund" means a fund mentioned in clause 2(1); 30
"old fund contributor" means a person who was a contributor to an old 31
fund and has not made an election under subclause (1).'. 32
56
Statute Law (Miscellaneous Provisions)
2. Schedule 5, clause 4(1)-- 1
omit `a fund set out in clause 2(1)', insert `an old fund'. 2
3. Schedule 5 (after clause 4(4))-- 3
insert-- 4
`(5) The Articles may provide for an old fund contributor to elect to-- 5
(a) cease to have the benefits, rights, privileges and liabilities 6
provided for under subclause (2); and 7
(b) have the benefits, rights, privileges and liabilities provided for 8
under the Articles.'. 9
10
Explanatory note
11
The Act provides for a superannuation scheme for employees in the electricity supply
12
industry. The scheme commenced on 28 July 1980. The scheme is governed by
13
Articles made by the Governor in Council under s.371 of the Act.
14
When the new scheme commenced, employees who were already contributing to
15
certain other superannuation funds at the time became contributors to the new
16
scheme. These employees were given the opportunity to elect, in the time provided,
17
to convert their interests to interests in the new scheme. If an employee did not
18
make this election, his or her interests are determined under the rules of the relevant
19
old fund.
20
The purpose of the amendments is to enable the Governor in Council to provide, in
21
the Articles, for further opportunities for such employees to elect to convert to the
22
new scheme on equitable terms.
IRE SERVICE ACT 1990 23
´F
Amendments 24
1. Section 66(2)(b)-- 25
omit, insert-- 26
`(b) in a State Forest, Timber Reserve or Forest Entitlement Area 27
without the approval of the chief executive of the department that 28
deals with matters arising under the Forestry Act 1959.'. 29
57
Statute Law (Miscellaneous Provisions)
2. Schedule 5 (clauses 7 to 9)-- 1
omit, insert-- 2
`7. A building other than a drive-in picture theatre used to accommodate 3
more than 200 persons attending for a public meeting or for recreational, 4
cultural or conference purposes. 5
`8. A building used as a workplace within the meaning of the Workplace 6
Health and Safety Act 1989 in which persons are employed to work in a 7
room or rooms-- 8
(a) below ground level; or 9
(b) at a floor level more than 1 floor level above ground level. 10
`9. A building used to provide office accommodation at a floor level 11
more than 6 floor levels above ground level.'. 12
13
Explanatory Note
14
Amendment 1 replaces a mention of the Conservator of Forests with the chief
15
executive of the department and recasts the paragraph.
16
Amendment 2 inserts the rest of clause 8, part of which was accidentally omitted
17
from the Fire Service Act Amendment and Fire Safety Act Repeal Act 1991, because of
18
a printing error.
FOREIGN GOVERNMENTS (TITLES TO LAND) ACT 19
´
1948 20
Amendments 21
1. Section 3-- 22
omit, insert-- 23
`Authority for foreign government to hold land in Queensland 24
`3. The government of a foreign country, or the accredited agent of a 25
government of a foreign country, may only hold an estate or interest in land 26
in Queensland for a purpose mentioned in section 2 if the Governor in 27
Council has, by Gazette notice, authorised the country or agent to hold the 28
estate or interest.'. 29
58
Statute Law (Miscellaneous Provisions)
2. Section 5-- 1
omit, insert-- 2
`Exemption from land tax and rates 3
`5. Despite any other Act, if-- 4
(a) the Commonwealth, or an accredited agent of the 5
Commonwealth, holds land in a foreign country for a diplomatic, 6
consular or official purpose of the Commonwealth; and 7
(b) the land is exempt from all or any of the taxes and rates charged 8
on land under the laws of the country; 9
the Governor in Council may, by regulation, exempt land held under an 10
authorisation under section 3 from liability to land tax or rates to the extent 11
specified in the regulation.'. 12
13
Explanatory Note
14
Amendments 1 and 2 rationalise the use of statutory instruments under the Act by
15
changing the types of instruments to be used in accordance with current drafting
16
practice.
REEDOM OF INFORMATION ACT 1992 17
´F
Amendments 18
1. Section 11(1)(j)-- 19
omit `Joint', insert `Defence'. 20
2. Section 11(1)(n)-- 21
omit, insert-- 22
`(n) Queensland Treasury Holdings Pty Ltd, its wholly owned 23
subsidiaries (within the meaning of the Corporations Law), and 24
the entities in which the subsidiaries have a controlling interest 25
(within the meaning of the Corporations Law), in relation to their 26
commercially competitive activities;'. 27
59
Statute Law (Miscellaneous Provisions)
3. Section 20(2) (after `The principal officer must')-- 1
insert `within 21 days of receiving the notice'. 2
4. Section 20(2)(a)-- 3
omit `within 21 days of receiving the notice'. 4
5. Section 27(4)-- 5
omit `determine an application', 6
insert `decide an application and notify the applicant under section 34'. 7
6. Section 52(1)-- 8
omit `of an agency'. 9
7. After section 52(3)(b)-- 10
insert-- 11
`(c) by a Minister.'. 12
8. Section 52(6)-- 13
omit `under this section', insert `and notify the applicant of the decision.'. 14
9. Section 71(1)(f)(ii)-- 15
omit, insert-- 16
`(ii) to disclose documents if an agency or Minister should have 17
taken, but has not taken, steps to obtain the views of a 18
person under section 51; and 19
(iii) not to amend information in accordance with applications 20
under section 53.'. 21
60
Statute Law (Miscellaneous Provisions)
10. Section 73(3)(a)-- 1
omit `the person has made an application', 2
insert `an application has been made (whether by the person or another 3
person)'. 4
11. Section 79(1)(b) (after `provided in section')-- 5
insert `20(2),'. 6
12. Section 79(1)-- 7
omit `refusing to grant access to the documents on the last day of the 8
relevant time period', 9
insert `on the last day of the relevant time period refusing-- 10
(d) to publish a statement of affairs under section 20, or to ensure that 11
a statement of affairs complies with Part 2; or 12
(e) to grant access to the document; or 13
(f) to amend the information'. 14
13. Section 79(2)-- 15
omit `(whether before or after the end of the time period provided in 16
section 27(4) or 57)'. 17
18
Explanatory note
19
Amendment 1 corrects a naming error.
20
Amendment 2 reflects changes in corporate structure.
21
Amendments 3 and 4 correct a drafting error.
22
Amendment 5 confirms that the Act also requires the applicant to be notified under
23
section 34 within the relevant time. (This requirement is already implicit in
24
section 79(1)).
25
Amendment 6 removes any doubt that decisions made by persons and bodies other
26
than an agency are reviewable. The Act contemplates decisions by other persons or
27
bodies e.g. Ministerial delegates under section 33.
61
Statute Law (Miscellaneous Provisions)
1
Amendment 7 confirms that a review of a Minister's decision may go to external
2
review. (This is already implicit in section 73(3).).
3
Amendment 8 has the same effect as amendment 5.
4
Amendment 9 corrects an anomaly in the Act that limited the right of a third party to
5
external review only to a third party who was actually consulted. The right is now
6
extended to a third party who should have been consulted but was not. (A person
7
who ought to have been consulted has a right of internal review under
8
section 52(7)(b) and therefore the right to external review is a necessary and logical
9
consequence under the scheme of the Act).
10
Amendment 10 corrects an anomaly in the Act that limited an original applicant's
11
right to external review. If an original applicant is aggrieved by the outcome of
12
internal review at the instance of a third party consultee, there is no right of internal
13
review for the original applicant because of section 52(3). Section 73(3) states that
14
a person cannot have external review unless the person has first sought internal
15
review. Accordingly, the original applicant cannot go to external review either. This
16
amendment rectifies that situation.
17
Amendment 11 corrects an error in the Act. The intention of section 79(1) was to
18
provide for the 3 situations under the Act where notice of decision was not received
19
by an applicant. The insertion of the reference to section 20(2) corrects this
20
omission in relation to a failure to publish a statement of affairs or ensure that a
21
statement of affairs complies with Part 2.
22
Amendment 12 is consequential on amendment 11 and also corrects another error in
23
the Act by inserting a reference to the refusal to amend information. This situation is
24
covered by section 57, which is already mentioned in section 79(1)(b).
25
Amendment 13 removes words that are meaningless because an application
26
mentioned in section 79(1) can not be made until after the relevant time period has
27
ended.
RAMMAR SCHOOLS ACT 1975 28
´G
Amendments 29
1. Section 20(3)-- 30
omit, insert-- 31
`(3) If the board receives the sanction of the Treasurer mentioned in 32
subsection (2), it may borrow the money after receiving the Governor in 33
Council's authority. 34
62
Statute Law (Miscellaneous Provisions)
`(4) An authority under subsection (3) may be given subject to 1
conditions the Governor in Council considers appropriate.'. 2
2. Section 37(3)(b)-- 3
omit `regulation', insert `the Governor in Council'. 4
3. Section 48-- 5
omit, insert-- 6
`Disposal of assets on discontinuing a school 7
`48.(1) If a school is discontinued, the Governor in Council may make a 8
regulation with respect to the way in which property held by the school's 9
board is to be disposed of or held. 10
`(2) Subsection (1) does not apply to Crown land granted in trust or 11
reserved and set apart for the school under the Land Act 1962. 12
`(3) If the Governor in Council does not make a regulation in relation to 13
property mentioned in subsection (1), the Minister may give directions with 14
respect to the way in which the property is to be disposed of or held. 15
`(4) The power to make a regulation, or give directions, includes the 16
power to vary the trustees, and the terms, of any trust created under this 17
section. 18
`(5) Subsections (1) and (3) do not authorise the Governor in Council 19
and the Minister to override a trust instrument that-- 20
(a) was created before the discontinuance of the school; and 21
(b) concerns property mentioned in subsection (1); and 22
(c) provides for the variation of the trust on the discontinuance of the 23
school.'. 24
4. Section 52-- 25
omit. 26
63
Statute Law (Miscellaneous Provisions)
1
Explanatory note
2
Amendment 1 recasts the provision in accordance with current drafting practice and
3
omits the need for a statutory instrument.
4
Amendment 2 omits the need for a statutory instrument.
5
Amendment 3 implements current drafting practice by providing that the statutory
6
instruments to be used for the purposes of section 48 are regulations and recasts the
7
section in accordance with current drafting practice.
8
Amendment 4 omits a redundant provision.
HARBOURS ACT 1955 9
´
Amendments 10
1. Section 168A(1)-- 11
omit `Order in Council', insert `regulation'. 12
2. Section 168A(1A)-- 13
omit `an Order in Council', insert `a regulation'. 14
3. Section 168A(1A)-- 15
omit `the Order in Council', insert `the regulation'. 16
4. Section 168A(2)-- 17
omit `An Order in Council issued pursuant to', 18
insert `A regulation made under'. 19
5. Section 168A(3)-- 20
omit `An Order in Council issued pursuant to', 21
insert `A regulation made under'. 22
64
Statute Law (Miscellaneous Provisions)
1
Explanatory note
2
Amendments 1 to 5 provide that the statutory instruments made under section 168A
3
are to be regulations.
INDUSTRIAL RELATIONS ACT 1990 4
´
Amendments 5
1. Section 2.1(1) (definition "industrial agreement")-- 6
omit `pursuant to', 7
insert `under section 12.4 (as in force immediately before the 8
commencement of section 6 of the Industrial Relations Amendment Act 9
1992) or'. 10
2. Section 13.73P(2)(a) and (b)-- 11
omit `Court' (wherever occurring), insert `Commission'. 12
3. Section 17.16(5)(c)-- 13
omit `award or industrial agreement', 14
insert `award, industrial agreement or certified agreement'. 15
16
Explanatory note
17
Amendment 1 corrects a minor error by replacing and updating a reference previously
18
omitted.
19
Amendment 2 corrects a reference.
20
Amendment 3 is consequential on the Industrial Relations Amendment Act 1992.
65
Statute Law (Miscellaneous Provisions)
JUPITERS CASINO AGREEMENT ACT 1983 1
´
Amendment 2
1. Section 4-- 3
omit, insert-- 4
`Variation of Agreement 5
`4.(1) The Agreement may be varied by a further agreement between the 6
Minister and the other parties to the Agreement. 7
`(2) The Minister may make a further agreement only if the proposed 8
further agreement has been approved by regulation. 9
`(3) The Minister must notify the date of the making of the further 10
agreement by Gazette notice. 11
`Regulations 12
`5.(1) The Governor in Council may make regulations for the purposes 13
of this Act. 14
`(2) For the purposes of subsection (1), a mention in the Agreement of 15
an order in council is taken to be a mention of a regulation.'. 16
17
Explanatory Note
18
The amendment implements current drafting practice by providing that the statutory
19
instruments to be used for the purposes of the Act are regulations.
UVENILE JUSTICE ACT 1992 20
´J
Amendments 21
1. Section 29(1) (after `taken')-- 22
insert `to'. 23
66
Statute Law (Miscellaneous Provisions)
2. Section 29(2)-- 1
omit `(b)', insert `(c)'. 2
3. Section 40(1)-- 3
omit `39', insert `39(2)(a) or (b)'. 4
4. Section 46(3)-- 5
omit `(1)(a) or (b)'. 6
5. Section 219(2)-- 7
omit, insert-- 8
`(2) A police officer may arrest, without warrant, a person who commits 9
an offence against subsection (1).'. 10
11
Explanatory note
12
Amendment 1 inserts a missing word.
13
Amendment 2 corrects an incorrect cross reference.
14
Amendment 3 ensures that the special release notice concerned need only be given
15
to a child if the child is released other than under ordinary bail arrangements.
16
Amendment 4 is a consequential amendment to the Bail Amendment Bill 1993.
17
Amendment 5 removes some doubt as to whether section 219(2), which currently
18
allows arrest without warrant of escapees and absentees, covers all offences under
19
section 219(1).
AND ACT 1962 20
´L
Amendments 21
1. Section 14(2)-- 22
omit `or vary'. 23
67
Statute Law (Miscellaneous Provisions)
2. Section 14(2)-- 1
omit `of a lease', 2
insert `of a lease or attach additional conditions to a lease'. 3
3. Section 14(2)-- 4
omit `variation', insert `addition'. 5
4. Section 14(2A) (after `deletion')-- 6
insert `, addition'. 7
5. Section 14(2B) (after `as')-- 8
insert `added or'. 9
6. Section 14(2C) (after `deletion')-- 10
insert `, addition'. 11
7. Section 14(2E)-- 12
omit `vary', insert `add to'. 13
8. Section 19(3)(b)-- 14
omit `Crown'. 15
9. After section 123(8)-- 16
insert-- 17
`(8A) Despite subsection (3)(b)(ii), if the prescribed rate of interest 18
included in each annual instalment changes, only the instalments due after 19
the day of the change of the prescribed rate of interest need to be of equal 20
amounts.'. 21
68
Statute Law (Miscellaneous Provisions)
10. After section 127(4)-- 1
insert-- 2
`(4A) If the number of instalments is reduced under subsection (4), the 3
term of the lease is reduced accordingly.'. 4
11. Section 127(5)(c)-- 5
omit. 6
12. After section 144A(9)-- 7
insert-- 8
`(9A) Despite subsection (5)(b)(ii), if the prescribed rate of interest 9
included in each annual instalment changes, only the instalments due after 10
the day of the change of the prescribed rate of interest need to be of equal 11
amounts.'. 12
13. After section 147(7)-- 13
insert-- 14
`(7A) Despite subsection (2), if the prescribed rate of interest included in 15
each annual instalment changes, only the instalments due after the day of the 16
change of the prescribed rate of interest need to be of equal amounts.'. 17
14. After section 176(10)-- 18
insert-- 19
`(10A) Despite subsection (4)(b), if the prescribed rate of interest 20
included in each annual instalment changes, only the instalments due after 21
the day of the change of the prescribed rate of interest need to be of equal 22
amounts.'. 23
15. Section 179-- 24
omit. 25
69
Statute Law (Miscellaneous Provisions)
16. After section 188(4)-- 1
insert-- 2
`(4A) If the number of instalments is reduced under subsection (4), the 3
term of the lease is reduced accordingly.'. 4
17. Section 188(6)(c)-- 5
omit. 6
18. After section 194(10)-- 7
insert-- 8
`(10A) Despite subsection (5)(b)(ii), if the prescribed rate of interest 9
included in each annual instalment changes, only the instalments due after 10
the day of the change of the prescribed rate of interest need to be of equal 11
amounts.'. 12
19. After section 196(7)-- 13
insert-- 14
`(7A) Despite subsection (2), if the prescribed rate of interest included in 15
each annual instalment changes, only the instalments due after the day of the 16
change of the prescribed rate of interest need to be of equal amounts.'. 17
20. Section 207B(1)(i)-- 18
omit `its unimproved value or'. 19
21. After section 207L(8)-- 20
insert-- 21
`(8A) Despite subsection (5)(b)(ii), if the prescribed rate of interest 22
included in each annual instalment changes, only the instalments due after 23
the day of the change of the prescribed rate of interest need to be of equal 24
amounts.'. 25
70
Statute Law (Miscellaneous Provisions)
22. After section 207M(6)-- 1
insert-- 2
`(6A) Despite subsection (2), if the prescribed rate of interest included in 3
each annual instalment changes, only the instalments due after the day of the 4
change of the prescribed rate of interest need to be of equal amounts.'. 5
23. After section 247(4)-- 6
insert-- 7
`(5) The lessee, licensee or permittee is not required to pay any accrued 8
penalty for the late payment of rent, instalment or other payments if the late 9
payment was the result of a failure to send proper notice to the lessee, 10
licensee or permittee.'. 11
24. Section 333-- 12
omit, insert-- 13
`Surrender of lease 14
`333.(1) A lessee may surrender the lessee's lease-- 15
(a) on giving the Minister 1 year's written notice of the intention to 16
surrender; or 17
(b) on paying 1 year's rent or instalment in advance; 18
and on paying all amounts due to the State up to the day of the surrender. 19
`(2) The Minister may approve the surrender of a lease even if the notice 20
required under subsection (1)(a) has not been given or the payment required 21
under subsection (1)(b) has not been made. 22
`(3) A lessee may surrender the whole or part only of the lessee's 23
lease-- 24
(a) either absolutely; or 25
(b) for the purpose of being granted a new lease over the whole or 26
part of the former lease (including over Crown land); 27
on terms and conditions agreed to between the Minister and the lessee.'. 28
71
Statute Law (Miscellaneous Provisions)
25. After section 339(6)-- 1
insert-- 2
`(6A) Subsection (6)(b) applies despite section 9(2)(a) of the Statutory 3
Instruments Act 1992.'. 4
26. Section 346-- 5
omit, insert-- 6
`Rent etc. to be used for purposes of trust 7
`346.(1) All rent, fees and other amounts received by the trustees of land 8
granted in trust or reserved and set apart for a public purpose (in respect of a 9
lease, authority to occupy or use of the trust land or reserve) must only be 10
used for the purposes of the trust. 11
`(2) Despite subsection (1), the Minister may approve that the rents, fees 12
or other amounts be used for some other purpose.'. 13
27. Section 371(1) (after `Crown land of')-- 14
insert `not more than'. 15
16
Explanatory note
17
Amendments 1 to 7 provide that developmental and improvement conditions and
18
other conditions can be added to the lease with the agreement of the lessee.
19
Amendment 8 provides that the delegation of the chief executive applies to all land
20
in respect of which the chief executive has been given powers.
21
Amendments 9 to 14, 18, 19, 21 and 22 ensure that the requirement for equal annual
22
instalments is not nullified by any change to the prescribed rate of interest.
23
Amendments 10 and 16 ensure that if the number of instalments in a lease are
24
reduced the term of the lease is reduced accordingly.
25
Amendments 11 and 16 omit a redundant requirement to surrender a lease before a
26
deed of grant can issue.
27
Amendment 15 removes a redundant provision.
28
Amendment 20 provides that the test relating to `reasonably improved' only applies
29
to "purposes for which a lease is used".
72
Statute Law (Miscellaneous Provisions)
1
Amendment 23 ensures that a lessee will not be required to make a penalty payment
2
if a late payment is the result of departmental delays in sending out rental notices.
3
Amendment 24 clarifies that a lessee can surrender part only of a lease.
4
Amendment 25 clarifies that statutory instruments made under the provisions are
5
subordinate legislation. This will result in the instruments being tabled in, and
6
subject to disallowance by, the Legislative Assembly.
7
Amendment 26 clarifies that fees collected by trustees under section 346 are to be
8
applied to the purposes of the trust unless the Minister approves otherwise.
9
Amendment 27 allows acquisitions by the department, with the agreement of an
10
owner, to be made by way of an exchange of land that has a value of not more than
11
the value of the land being acquired. This will be particularly useful in road
12
resumptions where it is often impossible to find 2 parcels of land of exactly the same
13
value.
LANG PARK TRUST ACT 1962 14
´
Amendments 15
1. After section 6(2)-- 16
insert-- 17
`(3) The trust is a statutory body for the purposes of the Financial 18
Administration and Audit Act 1977.'. 19
2. Section 13(3)-- 20
omit `$500', insert `10 penalty units'. 21
3. Section 13(5) to (7)-- 22
omit. 23
24
Explanatory Note
25
Amendment 1 will ensure that financial accountability for the Trust is the same as
26
other trusts administered by the Department.
27
Amendment 2 updates a cash penalty to penalty units.
28
Amendment 3 omits redundant provisions.
73
Statute Law (Miscellaneous Provisions)
LEGAL PRACTITIONERS ACTS AMENDMENT ACT 1
´
1968 2
Amendment 3
1. Section 7(2)(a)(iv)-- 4
omit `Department of the Attorney-General', insert `the department'. 5
6
Explanatory note
7
Amendment 1 implements current drafting practice by removing an unnecessary
8
reference to a department by name.
OTOR VEHICLES CONTROL ACT 1975 9
´M
Amendments 10
1. Section 4 (definitions "Minister" and "police force")-- 11
omit. 12
2. Section 4 (definition "owner")-- 13
omit `regulations made pursuant to the Main Roads Act 1920-1972', 14
insert `Transport Infrastructure (Roads) Act 1991'. 15
3. Section 4 (definition "public place")-- 16
omit `Order in Council', insert `regulation'. 17
4. Section 4 (definition "public place", paragraph (b))-- 18
omit, insert-- 19
`(b) a place that is a road within the meaning of the Transport 20
Infrastructure (Roads) Act 1991 or the Traffic Act 1949;'. 21
74
Statute Law (Miscellaneous Provisions)
5. Section 4 (definition "recreation vehicle")-- 1
omit `and in accordance with the Main Roads Act 1920-1972', 2
insert `the Transport Infrastructure (Roads) Act 1991'. 3
6. Section 5(1)(a)-- 4
omit, insert-- 5
`(a) a police officer; or'. 6
7. Section 10(a)-- 7
omit `and in accordance with the Main Roads Act 1920-1972', 8
insert `the Transport Infrastructure (Roads) Act 1991'. 9
8. Section 10 (penalty)-- 10
omit, insert-- 11
`Maximum penalty--4 penalty units.'. 12
9. Section 12(1) (penalty)-- 13
omit, insert-- 14
`Maximum penalty--4 penalty units.'. 15
10. Section 13 (penalty)-- 16
omit, insert-- 17
`Maximum penalty--4 penalty units.'. 18
11. Section 14(1)(a)-- 19
omit `and in accordance with the Main Roads Act 1920-1972', 20
insert `the Transport Infrastructure (Roads) Act 1991'. 21
75
Statute Law (Miscellaneous Provisions)
12. Section 14(1) (penalty)-- 1
omit, insert-- 2
`Maximum penalty--10 penalty units.'. 3
13. Section 15(1)(a)-- 4
omit `and in accordance with the Main Roads Act 1920-1972', 5
insert `the Transport Infrastructure (Roads) Act 1991'. 6
14. Section 15(1) (penalty)-- 7
omit, insert-- 8
`Maximum penalty--10 penalty units.'. 9
15. Section 16 (penalty)-- 10
omit, insert-- 11
`Maximum penalty--10 penalty units.'. 12
16. Section 22(1) (penalty)-- 13
omit, insert-- 14
`Maximum penalty--10 penalty units or imprisonment for 6 months.'. 15
17. Section 22(2) (penalty)-- 16
omit, insert-- 17
`Maximum penalty--10 penalty units.'. 18
18. Section 22(3)-- 19
omit `penalty of $500', insert `maximum penalty of 10 penalty units'. 20
76
Statute Law (Miscellaneous Provisions)
19. Section 23(2)-- 1
omit, insert-- 2
`(2) A person must not drive dangerously a motor vehicle to which this 3
section applies. 4
Maximum penalty--10 penalty units or imprisonment for 6 months.'. 5
20. Section 23(3)-- 6
omit `drives', insert `drive'. 7
21. Section 24 (penalty)-- 8
omit, insert-- 9
`Maximum penalty--4 penalty units.'. 10
22. Section 30(2) (penalty)-- 11
omit, insert-- 12
`Maximum penalty--4 penalty units.'. 13
23. Section 31(4) (penalty)-- 14
omit, insert-- 15
`Maximum penalty--10 penalty units.'. 16
24. Section 32(1) (penalty)-- 17
omit, insert-- 18
`Maximum penalty--10 penalty units.'. 19
25. Section 33(1)-- 20
omit `penalty of $200', insert `maximum penalty of 4 penalty units'. 21
77
Statute Law (Miscellaneous Provisions)
26. Section 33(2)(b)-- 1
omit `member of the police force', insert `police officer'. 2
27. Section 34(b) to (f)-- 3
omit `and, in the absence of evidence to the contrary, conclusive 4
evidence'. 5
28. Section 34(c)-- 6
omit `and conclusive evidence'. 7
29. Section 34(d)-- 8
omit all words from `pursuant to' to `commissioner of Main Roads', 9
insert `under the Transport Infrastructure (Roads) Act 1991 or another 10
person authorised by the chief executive of the department within the 11
meaning of the Act.'. 12
30. Section 36(1) and (2)-- 13
omit `member of the police force', insert `police officer'. 14
31. Section 38-- 15
omit `The Governor in Council may make regulations, not inconsistent 16
with this Act, with respect to--', 17
insert-- 18
`(1) The Governor in Council may make regulations for the purposes of 19
the Act. 20
`(2) A regulation may be made with respect to any of the following 21
matters--'. 22
78
Statute Law (Miscellaneous Provisions)
32. Section 38(1)(f)-- 1
omit `$100', insert `2 penalty units'. 2
33. Section 38(1)(k) and (l)-- 3
omit. 4
5
Explanatory note
6
Amendment 1 omits redundant definitions.
7
Amendments 2, 4 to 7, 11, 13, 26, 29 and 30 update references.
8
Amendment 3 implements current drafting practice by providing that the statutory
9
instruments to be used for the purposes of the Act are regulations.
10
Amendments 8 to 10, 12, 14 to 25 and 32 convert a penalty expressed as a monetary
11
amount to penalty units. Amendment 19 recasts a provision as a consequence, and
12
amendment 20 alters a word because of the recasting.
13
Amendments 27 and 28 remove provisions that unnecessarily offend against
14
fundamental legislative principles.
15
Amendment 31 updates the regulation making power in accordance with current
16
drafting practice.
17
Amendment 33 is consequential on amendment 31.
OTOR VEHICLES SECURITIES ACT 1986 18
´M
Amendment 19
1. Section 17 (at the end)-- 20
insert-- 21
`Maximum penalty--5 penalty units.'. 22
23
Explanatory note
24
Recent amendments of the Act repealed the general offences provision and inserted
25
specific penalty provisions. Section 17 was overlooked at the time.
79
Statute Law (Miscellaneous Provisions)
T GRAVATT SHOWGROUNDS ACT 1988 1
´M
Amendment 2
1. After section 15-- 3
insert-- 4
`Application of Financial Administration and Audit Act 1977 5
`15A. The trust is a statutory body for the purposes of the Financial 6
Administration and Audit Act 1977.'. 7
8
Explanatory Note
9
The amendment will ensure that financial accountability for the Trust is the same as
10
other trusts administered by the Department.
UTUAL RECOGNITION (QUEENSLAND) ACT 1992 11
´M
Amendment 12
1. Section 7-- 13
omit `Governor', insert `Governor in Council'. 14
15
Explanatory note
16
The amendment is required to correct an error about how regulations are made under
17
the Act.
LANT PROTECTION ACT 1989 18
´P
Amendments 19
1. Section 3(1) (definitions "Minister", "notification" and "this 20
Act")-- 21
omit. 22
80
Statute Law (Miscellaneous Provisions)
2. Section 2-- 1
omit. 2
3. Section 3(2) and (3)-- 3
omit, insert-- 4
`(2) If the Governor in Council is satisfied that-- 5
(a) an organism of the plant or animal kingdom (other than 6
vertebrates); or 7
(b) a virus or viroid; or 8
(c) a disorder, condition or cause of specified symptoms in plants; 9
(an "undeclared pest") is harmful to the growth or quality (including the 10
commercial or marketable quality) of crop plants, the Governor in Council 11
may, by regulation, prescribe the undeclared pest to be a pest for the 12
purposes of this Act. 13
`(3) If the Minister is of the opinion-- 14
(a) that-- 15
(i) an organism of the plant or animal kingdom (other than 16
vertebrates); or 17
(ii) a virus or viroid; or 18
(iii) a disorder, condition or cause of specified symptoms in 19
plants; 20
(an "undeclared pest") is harmful to the growth or quality 21
(including the commercial or marketable quality) of crop plants; 22
and 23
(b) that the circumstances require that urgent action should be taken 24
to declare the undeclared pest to be a pest; 25
the Minister may, by notice, declare the undeclared pest to be a pest for the 26
purposes of this Act. 27
`(3A) A notice under subsection (3) remains in force until whichever of 28
the following first happens-- 29
(a) the commencement of a regulation prescribing the undeclared 30
81
Statute Law (Miscellaneous Provisions)
pest to be a pest for the purposes of this Act; 1
(b) the end of 21 days. 2
`(3B) A notice under subsection (3) is subordinate legislation.'. 3
4. Section 3(6) and (7)-- 4
omit. 5
5. Section 7-- 6
omit, insert-- 7
`Registration of certain places 8
`7.(1) For the purpose of preventing, controlling or eradicating pest 9
infestation of plants, the Governor in Council may, by regulation, require 10
that every farm or other place of a specified type where a specified type of 11
plant is grown must be registered under the regulation. 12
`(2) The regulation may specify-- 13
(a) who must register the farm or place; and 14
(b) the way in which the farm or place must be registered; and 15
(c) a registration fee; and 16
(d) any other matter that is necessary or convenient to achieve the 17
objects of subsection (1).'. 18
6. Section 8(1)(a)-- 19
omit `Order in Council', insert `regulation'. 20
7. Section 8(1)(b)-- 21
omit `notification published in the Gazette', insert `notice'. 22
8. Section 8(1)(e)-- 23
omit `by or under an Order in Council', insert `under a regulation'. 24
82
Statute Law (Miscellaneous Provisions)
9. After section 8(1)-- 1
insert-- 2
`(1A) A notice under subsection (1)(b) is subordinate legislation.'. 3
10. Section 8(3)-- 4
omit, insert-- 5
`(3) A notice under subsection (1)(b) remains in force until whichever of 6
the following first happens-- 7
(a) the commencement of a regulation under subsection (1)(b) in 8
relation to the same matter; 9
(b) the end of 21 days.'. 10
11. Section 8(4)-- 11
omit, insert-- 12
`(4) A person must not contravene a regulation or notice made for the 13
purposes of this section. 14
Maximum penalty--1 000 penalty units.'. 15
12. Section 9-- 16
omit, insert-- 17
`Control over spread of pest infestations within Queensland 18
`9.(1) For the purpose of preventing, controlling or eradicating pest 19
infestation of plants-- 20
(a) the Governor in Council, by regulation; or 21
(b) if the Minister is of the opinion that the circumstances require that 22
urgent action should be taken under this section--the Minister, by 23
notice; 24
may prohibit, either generally or in specified circumstances or except under 25
specified conditions, the movement of any plant, soil, appliance or other 26
specified matter-- 27
83
Statute Law (Miscellaneous Provisions)
(c) from a place in Queensland to another place in Queensland; or 1
(d) from a place within a specified part of Queensland to another 2
place in that part of Queensland; or 3
(e) into or out of a specified part of Queensland; or 4
(f) to or from a specified place; or 5
(g) from a place within a farm, orchard, holding or other specified 6
place to another specified place. 7
`(2) A notice under subsection (1)(b) is subordinate legislation. 8
`(3) A notice under subsection (1)(b) remains in force until whichever of 9
the following first happens-- 10
(a) the commencement of a regulation under subsection (1)(a) in 11
relation to the same matter; 12
(b) the end of 21 days.'. 13
13. Section 10(1)-- 14
omit `Order in Council', insert `regulation'. 15
14. Section 10(2)-- 16
omit `by notification published in the Gazette, may give such directions 17
as in his opinion', 18
insert `by notice, may give directions that the Minister considers'. 19
15. Section 10(2)(a), (b) and (f)-- 20
omit `notification', insert `notice'. 21
16. Section 10(3)-- 22
omit `the provisions of a notification made under this section', 23
insert `notice under subsection (2)'. 24
84
Statute Law (Miscellaneous Provisions)
17. After section 10(3)-- 1
insert-- 2
`(3A) A notice under subsection (2) is subordinate legislation.'. 3
18. Section 11(1)(a)-- 4
omit `Order in Council', insert `regulation'. 5
19. Section 11(1)(b)-- 6
omit `by notification published in the Gazette', insert `by notice'. 7
20. Section 11(2)-- 8
omit `by notification published in the Gazette', insert `, by notice,'. 9
21. After section 11(2)-- 10
insert-- 11
`(2A) A notice under subsection (1)(b) or (2) is subordinate legislation.'. 12
22. Section 11(4)-- 13
omit `any notification made', insert `a notice'. 14
23. Sections 11(5) and(6)-- 15
omit, insert-- 16
`(5) A notice under subsection (1)(b) remains in force until whichever of 17
the following first happens-- 18
(a) the commencement into effect of a regulation under 19
subsection (1)(a) in relation to the same matter; 20
(b) the end of 21 days. 21
`(6) A person must not-- 22
(a) contravene a regulation or notice made for the purposes of this 23
85
Statute Law (Miscellaneous Provisions)
section; or 1
(b) contravene a condition imposed by the Minister under 2
subsection (3); or 3
(c) contravene a direction given by an inspector under subsection (4); 4
or 5
(d) obstruct an inspector in the exercise of powers under this section. 6
Maximum penalty--1 000 penalty units.'. 7
24. Section 12(1)-- 8
omit `by Order in Council', insert `, by regulation,'. 9
25. Section 34-- 10
omit, insert-- 11
`Regulations 12
`34.(1) The Governor in Council may make regulations for the purposes 13
of this Act. 14
`(2) A regulation may be made with respect to a matter mentioned in 15
Schedule 2.'. 16
26. After section 34-- 17
insert-- 18
`Transitional on commencement of this Act 19
`35.(1) On the commencement of this Act, a person appointed and 20
holding office as an inspector under an Act repealed by this Act is taken to 21
have been appointed as an inspector for the purposes of this Act. 22
`(2) This section expires at the end of the day it commences. 23
`Transitional on Statute Law (Miscellaneous Provisions) Act 1993 24
`36.(1) An instrument that, immediately before the commencement of 25
this section, because of section 2(2) as then in force, was having effect as if 26
86
Statute Law (Miscellaneous Provisions)
it were an order in council under section 8 is taken, after the 1
commencement, to be a regulation under section 8. 2
`(2) A notification published in the Gazette under section 3(3), 8(1)(b), 3
9(1)(b) or 11(1)(b), and in force immediately before the commencement of 4
this section, continues to have effect after the commencement until 5
whichever of the following first happens (the "relevant event")-- 6
(a) the commencement of a regulation in relation to the same matter; 7
(b) the end of 21 days after the day the notification is published in the 8
Gazette. 9
`(3) Subsection (1) and this subsection expire at the end of the day they 10
commence. 11
`(4) Subsection (2) and this subsection expire at the end of the day on 12
which the relevant event happens.'. 13
27. Schedule 1-- 14
omit. 15
28. Schedule 2, item 7-- 16
omit. 17
18
Explanatory Note
19
Amendment 1 omits redundant definitions.
20
Amendment 2 omits exhausted material and, with amendment 26, shifts continuing
21
transitional provisions to the end of the Act in an updated form.
22
Amendment 25 replaces an outmoded general regulation making power.
23
Amendment 26 omits exhausted repeals.
24
The other amendments--
25
(a) replace orders in council with regulations; and
26
(b) declare various ministerial notices to be subordinate legislation, ensuring
27
tabling and scrutiny under the Statutory Instruments Act 1992; and
28
(c) recasts provisions significantly affected by the amendments mentioned in
29
paragraphs (a) and (b).
87
Statute Law (Miscellaneous Provisions)
ROPERTY LAW ACT 1974 1
´P
Amendments 2
1. Section 20(5)-- 3
omit `Governor in Council', insert `Minister'. 4
2. Section 20(5)-- 5
omit `order in council', insert `Gazette notice'. 6
3. Section 20(7)-- 7
omit `, the Governor in Council by the order in council making the 8
waiver or by a further order in council may', 9
insert `the Minister, by the Gazette notice or a further Gazette notice, 10
may'. 11
4. Section 20(7)(a)-- 12
omit `Governor in Council', insert `Minister'. 13
5. Section 20(7)(c)-- 14
omit, insert-- 15
`(c) give directions that the Minister considers necessary or desirable 16
to give effect to the waiver (including the terms of the waiver) and 17
the directions are to be given effect.'. 18
6. Schedule 1, clause 7-- 19
omit `order in council', insert `instrument'. 20
21
Explanatory Note
22
As a waiver to State property is not considered an instrument of a legislative
88
Statute Law (Miscellaneous Provisions)
1
character, `orders in council' has been replaced. The Minister will now exercise the
2
power to waive.
UEENSLAND LAW SOCIETY ACT 1952 3
´Q
Amendments 4
1. Section 5(2) (2nd sentence)-- 5
omit, insert-- 6
`(2A) The Council may appoint a person who is the immediate past 7
president to be a member of the Council. 8
`(2B) The appointment may be for a term of not longer than 1 year. 9
`(2C) The appointment may be made despite the following-- 10
(a) that there are already 17 members of the Council; 11
(b) that the person was not elected as a member of the Council, 12
although eligible for nomination and election as a member of the 13
Council.'. 14
2. Section 5(9) to (11)-- 15
renumber as sections 5A to 5D respectively. 16
3. Section 5A (as renumbered)-- 17
renumber the paragraphs in the series (i) to (x) as subsections (1) to (10) 18
respectively. 19
4. Section 5A(2) (as renumbered) (heading)-- 20
omit. 21
5. Section 5A(2) (as renumbered)-- 22
omit-- 23
89
Statute Law (Miscellaneous Provisions)
`by Order in Council, and shall be published in the Gazette', 1
insert `by regulation'. 2
6. Section 5A(3) (as renumbered) (heading)-- 3
omit. 4
7. Section 5A(3) (as renumbered)-- 5
omit-- 6
`by the Governor in Council by Order in Council published in the 7
Gazette', 8
insert `by regulation'. 9
8. Section 5A(4) (as renumbered)-- 10
omit, insert-- 11
`(4) Rules made under subsection (1)(ha) are the "Indemnity Rules".'. 12
9. Section 5A(6) (as renumbered)-- 13
omit `subparagraph (ha) of paragraph (i) or paragraph (v)', 14
insert `subsection (1)(ha) or subsection (5)'. 15
10. Section 5A(6)(d) (as renumbered)-- 16
omit `subparagraph (c) of paragraph (v)', insert `subsection (5)(c)'. 17
11. Section 5A(9) (as renumbered)-- 18
omit, insert-- 19
`(a) Rules made under subsection (1)(hb) are the "Continuing Legal 20
Education Rules".'. 21
90
Statute Law (Miscellaneous Provisions)
12. Section 5A(10) (as renumbered)-- 1
omit `subsection (hb) of paragraph (i)', insert `subsection (1)(hb)'. 2
13. Section 6A(2) and (3)-- 3
omit, insert-- 4
`(2) The Tribunal consists of the following 12 members-- 5
(a) 9 persons selected from a panel of 18 practitioners eligible for 6
membership of the statutory committee and nominated by the 7
Council; 8
(b) 3 lay persons. 9
`(3) The members of the Tribunal are to be appointed by the Governor in 10
Council. 11
`(3A) A member mentioned in subsection (2)(a) is to be appointed the 12
chairperson by the Governor in Council.'. 13
14. Section 6A(4)-- 14
omit `therefor in the Order in Council by which the appointment is 15
made', 16
insert `in the instrument of appointment'. 17
15. Section 6J(6)-- 18
omit, insert-- 19
`(6) The power to make an order varying an order includes the power-- 20
(a) to revoke an original order and to make an order that could be 21
made in the first instance under subsection (1); and 22
(b) to make an order that the practitioner, clerk or servant must pay to 23
the Society a reasonable amount that the Tribunal considers 24
appropriate for the costs and expenses of and incidental to the 25
application for variation.'. 26
91
Statute Law (Miscellaneous Provisions)
16. Section 6K(3)-- 1
omit. 2
17. After section 6K-- 3
insert-- 4
`Hearings to be in public unless Tribunal otherwise orders 5
`6KA.(1) Hearings of the Tribunal must be held in public unless the 6
Tribunal orders otherwise. 7
`(2) The Tribunal may make an order under subsection (3) if it is 8
satisfied that it is desirable to do so-- 9
(a) because of the confidential nature of the evidence or other matter; 10
or 11
(b) for any other reason. 12
`(3) The Tribunal may, by order-- 13
(a) direct that a hearing (or part of a hearing) is to be held in private; 14
and 15
(b) give directions as to the persons who may be present at a hearing 16
held in private. 17
`(4) The Tribunal may, by order, prohibit or restrict the publication-- 18
(a) of evidence given before the Tribunal (whether the hearing was in 19
public or in private); and 20
(b) of a matter contained in documents filed with, or received in 21
evidence by, the Tribunal.'. 22
18. Section 6M(2)-- 23
omit `by Order in Council', insert `by regulation'. 24
19. Section 6O(1)-- 25
omit `, by Order in Council, on the recommendation of the Minister,'. 26
92
Statute Law (Miscellaneous Provisions)
20. Section 6O(3)(a)-- 1
omit `therefore in the Order in Council by which the appointment is 2
made', 3
insert `in the instrument of appointment'. 4
21. Section 6Q(1)-- 5
omit `, by Order in Council, on the recommendation of the Minister,'. 6
22. Section 20(5)-- 7
omit, insert-- 8
`(5) In this section-- 9
"the prescribed amount" means $5 000 000 or another amount 10
prescribed by regulation.'. 11
23. Section 24(1)(i), (ii) and (iii)-- 12
renumber as section 24(1)(a), (b) and (c) respectively. 13
24. Section 24(1)-- 14
omit `Provided that the', insert `(1A) The'. 15
25. Section 24(1A) (as renumbered)-- 16
renumber section 24(1A)(g) and (h) as section 24(1A)(a) and (b) 17
respectively. 18
26. Section 24(1A)(b) (as renumbered)-- 19
omit `Order in Council', insert `regulation'. 20
93
Statute Law (Miscellaneous Provisions)
27. Section 36H(2)-- 1
omit `Order in Council on the recommendation of the Minister', 2
insert `the Governor in Council'. 3
28. Section 36H(4)-- 4
omit `Order in Council', insert `the Governor in Council'. 5
29. Section 36H(5)-- 6
omit `therefor in the Order in Council by this which the appointment is 7
made', 8
insert `in the instrument of appointment'. 9
30. Section 46(1)-- 10
omit `from time to time by Order in Council'. 11
31. Section 46(2) and (3)-- 12
omit, insert-- 13
`(2) A rule may (without prejudice to any other method of revocation) be 14
revoked by regulation.'. 15
32. After section 51-- 16
insert-- 17
`Existing rules 18
`52. Rules in force under section 46(1) immediately before the 19
commencement of this section continue to have effect after the 20
commencement as if made under the provision as amended.'. 21
22
Explanatory note
23
Amendments 1, 15, 16 and 17 have been requested by the Law Society. Amendment
24
1 allows the immediate past president to be part of the council and his or her
94
Statute Law (Miscellaneous Provisions)
1
expertise formally retained. Amendment 15 makes it clear that when an order is
2
varied, costs can be given. Amendments 16 and 17 make Tribunal hearings open to
3
the public except in certain circumstances.
4
All other amendments (except amendment 32) either carry out necessary
5
renumbering or deal with orders in council. Those orders in council of a legislative
6
nature will now be dealt with by regulation. Orders in council of an administrative
7
nature will now be dealt with by other types of instruments.
8
Amendment 32 saves the existing rules.
UEENSLAND MARINE ACT 1958 9
´Q
Amendment 10
1. Section 219(7)-- 11
omit `by Order in Council', insert `, by regulation,'. 12
13
Explanatory note
14
Amendment 1 ensures consistent use of regulations for subordinate legislation.
UEENSLAND TEMPERANCE LEAGUE LANDS ACT 15
´Q
1985 16
Amendments 17
1. Section 2 (definitions "the League" and "the Minister")-- 18
omit. 19
2. Section 2-- 20
insert-- 21
` "League" means the Queensland Temperance League and, if it changes 22
its name, the body whatever it is subsequently called;'. 23
95
Statute Law (Miscellaneous Provisions)
1
Explanatory note
2
Amendment 1 omits 2 definitions. The definition "the League" is replaced by
3
amendment 2 and the replacement definition provides for a change of name. The
4
definition "the Minister" is omitted because it is superfluous.
REPRINTS ACT 1992 5
´
Amendments 6
1. After section 20-- 7
insert-- 8
`Correct year in statutory instrument's short title etc. 9
`20A. If-- 10
(a) a statutory instrument is made in a particular year (the "year of 11
making"); and 12
(b) the statutory instrument's citation includes a single year other than 13
the year of making; 14
the citation of, and a reference to, the statutory instrument may be given by 15
omitting the other year and substituting the year of making.'. 16
2. Section 21 (heading)-- 17
omit, insert-- 18
`Other changes relating to citation'. 19
3. Section 22-- 20
omit, insert-- 21
`Remade law or provision 22
`22.(1) A reference to a law that has been repealed and remade (with or 23
without modification) since the reference was made may be given using the 24
law as remade. 25
`(2) A reference to a law, part of which has been repealed and remade 26
96
Statute Law (Miscellaneous Provisions)
(with or without modification) in another law since the reference was made, 1
may be given using the first law and the other law. 2
`(3) A reference to a provision of a law that has been omitted and remade 3
(with or without modification and whether in the law or another law) may 4
be given using the provision as remade. 5
`(4) In this section-- 6
"law" includes a law of the Commonwealth, another State or a Territory. 7
"make" includes enact.'. 8
4. Section 24 (item 1 of examples)-- 9
omit, insert-- 10
`1.`The commissioner may, by writing signed by him (signed notice), 11
delegate any of his (the commissioner's) powers.'.'. 12
5. Section 29 (example 19, column 1 of the table and in column 2 13
opposite)-- 14
insert-- 15
`of its own motion on its own initiative'. 16
6. Section 29 (at the end)-- 17
insert-- 18
`Example 22 (plural to singular)-- 19
`another area' 20
may replace 21
`other areas'. 22
Example 23 (plural to singular)-- 23
`In this regulation' 24
may replace 25
`In these regulations'. 26
97
Statute Law (Miscellaneous Provisions)
Example 24 (outdated terms)-- 1
`employer' and `employee' 2
may replace 3
`master' and `servant'.'. 4
7. After section 30 (in Division 4)-- 5
insert-- 6
`Order of other provisions 7
`30A. If a provision of a law contains provisions in a particular order, the 8
provision may be expressed so that the provisions are in an order that is 9
consistent with current legislative drafting practice.'. 10
8. Section 31-- 11
omit, insert-- 12
`References to type of statutory instrument 13
`31.(1) If-- 14
(a) a statutory instrument has, or could be given, a citation indicating 15
the type of instrument in the singular; and 16
(b) the instrument or another law contains referential words or other 17
words that refer to the instrument in the plural; 18
the words may be replaced by appropriate words in the singular. 19
`(2) If-- 20
(a) a statutory instrument was made as an instrument of a particular 21
type (the "original type"); and 22
(b) under a law, the instrument continues to have effect and is taken 23
to be an instrument of a different type (the "new type"); and 24
(c) the instrument contains a citation, referential words or other 25
words that refer to the instrument as an instrument of the original 26
type; 27
98
Statute Law (Miscellaneous Provisions)
the words may be replaced by appropriate words that refer to the instrument 1
as an instrument of the new type.'. 2
9. Section 49-- 3
omit, insert-- 4
`Amendment of and reference to reprinted law etc. 5
`49.(1) A law may be amended or referred to as set out in this section. 6
`(2) If a reprint of the law has been produced and no amendments of the 7
law have commenced on or after the reprint date specified in the latest 8
reprint, the law may be amended or referred to having regard to the text of 9
the law as shown in the latest reprint. 10
`(3) If a reprint of the law has been produced and amendments of the law 11
have commenced on or after the reprint date specified in the latest reprint, 12
the law may be amended or referred to having regard to the text of the 13
law-- 14
(a) as shown in the latest reprint; and 15
(b) as the text would be required to be shown in a subsequent reprint 16
because of Part 3 (Amendments must be included in reprints). 17
`(4) If a reprint of the law has not been produced, the law may be 18
amended or referred to having regard to the text of the law-- 19
(a) as it would be required to be shown in a reprint because of Part 3 20
(Amendments must be included in reprints); and 21
(b) as the text could be shown if the following provisions were 22
used-- 23
(i) Division 2 (Updated citations and references to law) of Part 24
4 (Editorial changes may be included in reprints); 25
(ii) section 29 (Expression of number, year, date, time, amount 26
of money, quantity etc.) but only to express the designation 27
of provision units in the law, and references to the 28
designation of provision units in another law, in a way that is 29
consistent with current legislative drafting practice; 30
(iii) Division 5 (Updated naming conventions within statutory 31
instruments) of Part 4 (Editorial changes may be included in 32
99
Statute Law (Miscellaneous Provisions)
reprints). 1
Example of subsection (4)(b)(ii)-- 2
An expression in column 1 of the following table may be amended or 3
referred to as if it were the corresponding bolded expression in column 2. 4
TABLE 5
Column 1 Column 2 6
Part II Part 2 7
First Schedule Schedule 1'. 8
9
Explanatory note
10
Amendment 1 complements the proposed section 20B of the Statutory Instruments
11
Act 1992.
12
Amendment 2 provides a more helpful section heading.
13
Amendment 3 remakes existing section 22 (Substituted law or provision) consistent
14
with proposed section 14H (References taken to be included in citation of law) of the
15
Acts Interpretation Act 1954.
16
Amendment 4 makes a minor improvement to the example by replacing `written
17
notice' with `signed notice'.
18
Amendments 5 and 6 clarify further the scope of section 29 by providing additional
19
examples of its operation in relation to outdated expressions.
20
Amendment 7 complements section 30 (Order of definitions), as well as proposed
21
section 22A (Insertion of provisions by amending Act) of the Acts Interpretation Act
22
1954.
23
Amendment 8 replaces existing section 31 which deals with the updating of
24
references to types of instruments. Proposed section 31 will facilitate the reprinting
25
of subordinate legislation in a form that reflects the simplification of the types of
26
subordinate legislation.
27
Amendment 9 remakes section 49 (Amendment of law may be made in accordance
28
with reprint etc.). Proposed section 49 permits a reprint of a law to be used to refer
29
to the law as well as amend the law. In addition, proposed section 49(4)(b) enables
30
updated citations and references to laws, updated designation of provision units and
31
updated naming conventions within statutory instruments to be taken into account. It
32
is not intended that proposed section 49(b)(ii) be relied on to compress references
33
such as `paragraph (a) of subsection (1) of section 37' to `section 37(1)(a)'. The
34
proposed section will facilitate the modernising of Queensland legislation by
100
Statute Law (Miscellaneous Provisions)
1
ensuring that modern Plain English drafting style can be used in relation to
2
legislation drafted in older styles.
ETURNED SERVICEMEN'S BADGES ACT 1956 3
´R
Amendments 4
1. Long title-- 5
omit, insert-- 6
`An Act relating to the unauthorised use or possession of membership 7
badges issued by the corporation currently named the Returned 8
& Services League of Australia (Queensland Branch) and by 9
other associations'. 10
2. Section 2 (definition "The League")-- 11
omit. 12
3. Section 2-- 13
insert-- 14
` "League" means the corporation-- 15
(a) formerly named The Returned Sailors', Soldiers' and Airmen's 16
Imperial League of Australia, Queensland Branch; and 17
(b) subsequently named the Returned Services League of Australia 18
(Queensland Branch); and 19
(c) now named the Returned & Services League of Australia 20
(Queensland Branch);'. 21
4. Section 3 (Penalty)-- 22
omit, insert-- 23
`Maximum penalty-- 24
101
Statute Law (Miscellaneous Provisions)
(a) for a first offence--1 penalty unit; and 1
(b) for a subsequent offence--2 penalty units.'. 2
5. Section 4(1) (definition "prescribed returned servicemen's 3
association", paragraph (d))-- 4
omit `pursuant to an Order in Council made hereunder', 5
insert `under a regulation under subsection (2)'. 6
6. Section 4(2)(a)-- 7
omit, insert-- 8
`(2) Subject to section (2A), the Governor in Council may, by regulation, 9
declare that this Act applies to a specified association, body, or organisation 10
of persons.'. 11
7. Section 4(2)(b)-- 12
omit. 13
8. Section 4(2)(c)-- 14
renumber as subsection (2A). 15
9. Section 4(2A) (as renumbered)-- 16
omit `Order in Council', insert `regulation'. 17
10. Section 4(2)(d)-- 18
omit. 19
11. Section 4(4) (Penalty)-- 20
omit, insert-- 21
`Maximum penalty-- 22
102
Statute Law (Miscellaneous Provisions)
(a) for a first offence--1 penalty unit; and 1
(b) for a subsequent offence--2 penalty units.'. 2
3
Commencement
4
All amendments of the Returned Servicemen's Badges Act 1956 commence on a day
5
to be fixed by proclamation.
6
Explanatory note
7
Amendments 1, 2 and 3 are for the purposes of the change of name from the
8
Returned Services League of Australia (Queensland Branch) to the Returned &
9
Services League of Australia (Queensland Branch).
10
Amendments 4 and 11 replaces cash penalties with penalty units.
11
Amendments 5 to 10 ensure consistent use of regulations for subordinate legislation.
ETURNED SERVICES LEAGUE OF AUSTRALIA 12
´R
(QUEENSLAND BRANCH) ACT 1956 13
Amendments 14
1. Long title-- 15
omit `the Returned Services League of Australia (Queensland 16
Branch) and formerly named the Returned Sailor's, Soldiers' and 17
Airmen's Imperial League of Australia, Queensland Branch', 18
insert `the Returned & Services League of Australia (Queensland 19
Branch)'. 20
2. Preamble-- 21
omit `named the Returned Services League of Australia (Queensland 22
Branch) and formerly named The Returned Sailors', Soldiers' and 23
Airmen's Imperial League of Australia, Queensland Branch', 24
insert `formerly named The Returned Sailors', Soldiers' and Airmen's 25
Imperial League of Australia, Queensland Branch, subsequently named the 26
Returned Services League of Australia (Queensland Branch) and now 27
103
Statute Law (Miscellaneous Provisions)
named the Returned & Services League of Australia (Queensland 1
Branch),'. 2
3. Section 1-- 3
omit, insert-- 4
`Short title 5
`1. This Act may be cited as the Returned & Services League of 6
Australia (Queensland Branch) Act 1956.'. 7
4. Section 2 (all words after heading and before definition "acting 8
authorised representative")-- 9
omit, insert-- 10
`2. In this Act--'. 11
5. Section 2 (definition "State Branch")-- 12
omit, insert-- 13
` "State Branch" means the corporation-- 14
(a) formerly named The Returned Sailors', Soldiers' and Airmen's 15
Imperial League of Australia, Queensland Branch; and 16
(b) subsequently named the Returned Services League of Australia 17
(Queensland Branch); and 18
(c) now named the Returned & Services League of Australia 19
(Queensland Branch);'. 20
6. Section 2 (2nd sentence commencing `Legal proceedings')-- 21
omit. 22
7. Section 3 (heading)-- 23
insert-- 24
`Vesting of property'. 25
104
Statute Law (Miscellaneous Provisions)
8. Section 3(1) (heading)-- 1
omit. 2
9. Section 3(1)-- 3
omit `The Returned Services', insert `The Returned & Services'. 4
10. Section 3(2) (heading)-- 5
omit. 6
11. Section 3(3)-- 7
omit. 8
12. Section 7-- 9
omit, insert-- 10
`Register of trustees to be kept 11
`7.(1) The authorised representative of the State Branch must keep a 12
register of trustees of property held subject to the Act on behalf of the 13
District Branches and Sub-Branches. 14
`(2) The register must-- 15
(a) be in the form approved by the chief executive; and 16
(b) kept in duplicate; and 17
(c) be called and inscribed the `Returned & Services League of 18
Australia (Queensland Branch) Register of Trustees for 19
Queensland'. 20
`(3) If a District Branch or Sub-Branch appoints a new trustee, the 21
authorised representative must update the register by inserting the following 22
information and signing each amendment-- 23
(a) the name and address of the new trustee; 24
(b) the reason for the appointment; 25
105
Statute Law (Miscellaneous Provisions)
(c) the date of the appointment; 1
(d) the date of the amendment of the register.'. 2
13. Section 11-- 3
omit `legal'. 4
14. After section 13-- 5
insert-- 6
`Transitional provision because of name change of trustees 7
`14.(1) In this section-- 8
"new name" means the official name mentioned in section 3(1) after the 9
commencement of this section; 10
"previous name" means the official name mentioned in section 3(1) before 11
the commencement of this section. 12
`(2) If the previous name is recorded in a register including, for example, 13
the land registry, the person whose duty it is to keep the register must 14
change the previous name to the new name on production of instruments 15
that the person considers proper for the purpose of recording the change of 16
name. 17
`(3) No fee may be charged for the change to a register as mentioned in 18
subsection (3). 19
`(4) An instrument mentioned in subsection (3) does not create a liability 20
on any person for stamp duty. 21
`Transitional provision for register 22
`15.(1) This section applies to a register kept for the purposes of 23
section 7 before the commencement of this section. 24
`(2) As soon as possible after the commencement of this section, the 25
register is to be inscribed with the name `Returned & Services League of 26
Australia (Queensland Branch), Register of Trustees for Queensland'. 27
106
Statute Law (Miscellaneous Provisions)
`(3) On compliance with subsection (2), the register becomes the register 1
for the purposes of section 7.'. 2
15. Schedule-- 3
omit. 4
5
Commencement
6
All amendments of the Returned Services League of Australia (Queensland Branch)
7
Act 1956 commence on a day to be fixed by proclamation.
8
Explanatory note
9
Amendments 1 to 3, 5, 9 and 12 are for the purposes of the change of name from the
10
Returned Services League of Australia (Queensland Branch) to the Returned &
11
Services League of Australia (Queensland Branch).
12
Amendment 14 deals with transitional matters because of the change of name.
13
The other amendments are statute revision matters, including the replacement of a
14
form in the schedule with a form approved by the chief executive.
URAL TRAINING SCHOOLS ACT 1965 15
´R
Amendments 16
1. Section 20(1) and (2)-- 17
omit. 18
2. After section 38-- 19
insert-- 20
`Driving motor vehicle as part of training 21
`38A.(1) In this section-- 22
"driver's licence" means a driver's licence within the meaning of the 23
Traffic Act 1949; 24
"motor vehicle" means a motor vehicle within the meaning of the Traffic 25
Act 1949; 26
107
Statute Law (Miscellaneous Provisions)
"road" means a road within the meaning of the Traffic Act 1949. 1
`(2) Despite the Traffic Act 1949, a student at a school who is required to 2
drive a motor vehicle on a road in the school grounds as part of the 3
student's training at the school is, while so driving the motor vehicle, taken 4
to be the holder of a driver's licence to drive the motor vehicle.'. 5
6
Explanatory note
7
Amendment 1 omits provisions that are now unnecessary because the matters
8
provided for in them are covered by the Financial Administration and Audit Act 1977.
9
Amendment 2 removes legal difficulties that would arise if a student who is required
10
to drive a motor vehicle on a road in the school grounds as part of the student's
11
training at school did not hold a licence to drive the vehicle (if for example, the
12
student was not old enough to obtain a licence) and was involved in an accident
13
while driving the motor vehicle.
EWERAGE AND WATER SUPPLY ACT 1949 14
´S
Amendment 15
1. After section 7-- 16
insert-- 17
`Entitlements of Board members 18
`7A.(1) The Board members are to be paid the fees and allowances that 19
may be approved by the Governor in Council. 20
`(2) A Board member is entitled to be reimbursed out of pocket expenses 21
that-- 22
(a) are necessarily incurred by the member in the performance of the 23
functions of the office; and 24
(b) are approved by the Board.'. 25
26
Explanatory note
27
Amendment 1 provides for the payment of fees and allowances, and reimbursement
28
of out of pocket expenses, to Board members.
108
Statute Law (Miscellaneous Provisions)
STATUTORY INSTRUMENTS ACT 1992 1
´
Amendments 2
1. Section 15(f)(ii)-- 3
omit, insert-- 4
`(ii) by the Clerk of the Parliament or the member who laid the 5
statutory instrument before the Legislative Assembly; and'. 6
2. Section 20A (at the end)-- 7
insert-- 8
`(3) If subsection (1) applies to a provision of an Act, a reference in a law 9
(including the Act) to subordinate legislation of a particular type made under 10
the provision, or the Act generally, includes a reference to a regulation that 11
makes provision with respect to a matter for the purposes of the provision. 12
Example-- 13
If a provision of an Act refers to orders in council made under section 6 14
of the Act and subsection (1) applies in relation to section 6, the reference 15
includes a reference to a regulation that makes provision with respect to a 16
matter for the purposes of section 6.'. 17
3. After section 20A (in Subdivision A)-- 18
insert-- 19
`Correct year in statutory instrument's short title etc. 20
`20B. If-- 21
(a) a statutory instrument is made in a particular year (the "year of 22
making"); and 23
(b) apart from this section, the statutory instrument's citation would 24
include a single year other than the year of making; 25
the citation of, and a reference to, the statutory instrument may be given by 26
omitting the other year and inserting the year of making. 27
109
Statute Law (Miscellaneous Provisions)
`Continuance etc. of statutory instruments made under amended 1
provisions 2
`20C.(1) This section applies if-- 3
(a) a provision of a law expressly or impliedly authorises or requires 4
a statutory instrument to be made for a purpose; and 5
(b) the provision is amended; and 6
(c) under the amended provision-- 7
(i) a type of instrument is no longer specified for the purpose; 8
or 9
(ii) another type of instrument is specified for the purpose; or 10
(iii) the same type of instrument is specified for the purpose. 11
`(2) If subsection (1)(c)(i) applies, a statutory instrument that was in 12
force immediately before the commencement of the amendment-- 13
(a) continues to have effect after the commencement; and 14
(b) may be amended or repealed by an instrument of the type 15
specified in the provision before the amendment. 16
`(3) If subsection (1)(c)(ii) applies, a statutory instrument that was in 17
force immediately before the commencement of the amendment-- 18
(a) continues to have effect after the commencement; and 19
(b) is taken to be an instrument of the type specified in the amended 20
provision. 21
`(4) If subsection (1)(c)(iii) applies, a statutory instrument that was in 22
force immediately before the commencement of the amendment continues 23
to have effect after the commencement as if it had been made under the 24
amended provision. 25
`(5) In this section-- 26
"amend" includes omit and re-enact in the same law (with or without 27
modification), but does not include omit and re-enact in another law.'. 28
110
Statute Law (Miscellaneous Provisions)
4. Section 21-- 1
omit, insert-- 2
`Statutory instrument to be interpreted not to exceed powers 3
conferred by authorising law 4
`21.(1) A statutory instrument is to be interpreted as operating-- 5
(a) to the full extent of, but not to exceed, the power conferred by the 6
law under which it is made (the "authorising law"); and 7
(b) distributively. 8
`(2) Without limiting subsection (1), if a provision of a statutory 9
instrument would, apart from this section, be interpreted as exceeding 10
power-- 11
(a) the provision is valid to the extent to which it does not exceed 12
power; and 13
(b) the remainder of the statutory instrument is not affected. 14
`(3) Without limiting subsection (1), if the application of a provision of a 15
statutory instrument to a person, matter or circumstance would, apart from 16
this section, be interpreted as exceeding power, the provision's application 17
to other persons, matters or circumstances is not affected. 18
`(4) This section applies to a statutory instrument in addition to, and 19
without limiting, any provision of the statutory instrument or authorising 20
law.'. 21
5. After section 30-- 22
insert-- 23
`Reasonable cost etc. may be prescribed as fee 24
`30A. If a power is conferred by a law for a statutory instrument to be 25
made with respect to a fee for doing a thing, the power includes a power to 26
prescribe the fee as an amount-- 27
(a) that a specified person or body considers to be reasonable; and 28
(b) that is not more than the reasonable cost of doing the thing.'. 29
111
Statute Law (Miscellaneous Provisions)
6. Section 40(2) and (3)-- 1
omit, insert-- 2
`(2) In the case of subordinate legislation that is not an exempt 3
instrument under the Legislative Standards Act 1992, subsection (1) may be 4
complied with in either of the following ways-- 5
(a) by publication in the Gazette of a notice of-- 6
(i) the making of the subordinate legislation; and 7
(ii) a place or places where copies can be obtained (by purchase 8
or otherwise); 9
(b) by publication in the Gazette of the subordinate legislation. 10
`(3) In the case of subordinate legislation that is an exempt instrument 11
under the Legislative Standards Act 1992, subsection (1) may only be 12
complied with by publication in the Gazette of the subordinate legislation.'. 13
7. Schedule 1-- 14
insert `section 7'. 15
8. Schedule 1-- 16
omit `14I', insert `14J'. 17
9. Schedule 1-- 18
omit `49', insert `48A'. 19
20
Explanatory note
21
Amendment 1 amends section 15 (Modified application--s.14B) which defines
22
"extrinsic material" for statutory instruments. The inclusion of the Clerk in proposed
23
15(f)(ii) reflects current Parliamentary practice.
24
Amendment 2 clarifies the application of section 20A(1) to references to subordinate
25
legislation that may be replaced by a regulation.
26
Amendment 3 inserts 2 new sections. Proposed section 20B enables statutory
27
instruments to be cited by a short title that correctly reflects the year in which they
28
are made. Proposed section 20C provides for the continuance of statutory
112
Statute Law (Miscellaneous Provisions)
1
instruments made under amended provisions. The proposed section will be
2
particularly relevant to cases where a provision is amended to provide for a changed
3
instrument type as part of the process of rationalising the types of Queensland
4
statutory instruments, or where a regulation making power is replaced by a standard
5
regulation making power.
6
Amendment 4 remakes section 21 (Statutory instruments to be construed not to
7
exceed powers conferred by law under which made) consistent with proposed
8
section 9 (Act to be interpreted not to exceed Parliament's legislative power) of the
9
Acts Interpretation Act 1954.
10
Amendment 5 enables an authorised fee, for example, a fee for the inspection and
11
taking copies of documents, to be expressed as a fee reflecting the reasonable costs
12
incurred, rather than as a fixed dollar amount.
13
Amendment 6 ensures easy access through the Gazette to the small number of
14
legislative instruments that are exempt from being drafted by the Office of the
15
Queensland Parliamentary Counsel under the Legislative Standards Act 1992 and
16
that, because of this, are not included in the new Subordinate Legislation Series.
17
Exempt instruments must now be published in full in the Gazette. Other subordinate
18
legislation may merely be noted in the Gazette and will be included in the
19
Subordinate Legislation Series.
20
Amendments 7 to 9 amend Schedule 1 to include section 7 (Act includes statutory
21
instruments under Act etc.) and proposed sections 14J (References to repealed or
22
expired laws) and 48A (Verification of documents) of the Acts Interpretation Act
23
1954 in the list of provisions of that Act that apply to statutory instruments.
STIPENDIARY MAGISTRATES ACT 1991 24
´
Amendments 25
1. After section 10(2)-- 26
insert-- 27
`(2A) Subsection (2) does not authorise the Chief Stipendiary Magistrate 28
to promote a Magistrate.'. 29
2. Section 15(4)(a)-- 30
omit, insert-- 31
`(a) has been convicted of an indictable offence; or'. 32
113
Statute Law (Miscellaneous Provisions)
3. Section 16(3)-- 1
omit `section 15(3)', insert `section 15(4)'. 2
4. Section 18(1)(b)-- 3
omit `by order in council'. 4
5. After section 18(1)-- 5
insert-- 6
`(1A) A Magistrate may be promoted only in accordance with a 7
determination of the Governor in Council.'. 8
6. Section 18(2)-- 9
omit `by order in council'. 10
7. Section 22-- 11
omit, insert-- 12
`Regulations 13
`22. The Governor in Council may make regulations for the purposes of 14
this Act.'. 15
16
Explanatory note
17
Amendment 1 expressly provides that the powers of the Chief Stipendiary Magistrate
18
under section 10(2) do not extend to the promotion of Magistrates.
19
Amendment 2 omits matter that is redundant because of the Acts Interpretation Act
20
1954.
21
Amendment 3 corrects a cross reference.
22
Amendments 4 and 6 remove the requirement for orders in council in relation to the
23
determination of terms and conditions of employment of Magistrates.
24
Amendment 5 expressly extends the terms and conditions of Magistrates that are to
25
be determined by the Governor in Council to promotions.
114
Statute Law (Miscellaneous Provisions)
1
Amendment 7 remakes section 22 in the current drafting style for regulation making
2
powers.
URVEYORS ACT 1977 3
´S
Amendments 4
1. Section 6A-- 5
omit, insert-- 6
`Delegation 7
`6A. The chief executive may delegate the chief executive's powers 8
under this Act, or the chief executive's powers under another Act with 9
respect to surveys or surveying, to an officer or employee of the 10
department.'. 11
2. Section 19(1)-- 12
omit, insert-- 13
`19.(1) The Board must employ a secretary and may employ or appoint 14
other officers that are necessary for the effective administration of this Act.'. 15
3. Section 19(2)-- 16
omit. 17
18
Explanatory note
19
Amendment 1 permits the chief executive's delegation to encompass a considerably
20
wider scope than just surveying land. e.g. astronomical observations, calibration of
21
instruments and surveys at sea.
22
Amendments 2 and 3 permit the Board to employ a secretary and other officers who
23
are not public servants.
115
Statute Law (Miscellaneous Provisions)
TRAFFIC ACT 1949 1
´
Amendments 2
1. Section 9(1) (definitions "B-Double" and "Road train")-- 3
omit. 4
2. Section 9(1)-- 5
insert-- 6
` "B-Double" means a combination of vehicles consisting of a prime 7
mover towing 2 semitrailers, with 1 semitrailer superimposed on, and 8
connected to the semitrailer directly connected to the prime mover; 9
"road train" means a combination of vehicles (other than a B-Double) 10
consisting of a motor vehicle towing 2 or more trailers;'. 11
12
Explanatory Note
13
Amendments 1 and 2 replace existing definitions to facilitate national uniformity of
14
transport regulations in areas such as vehicle dimensions ahead of the introduction of
15
national legislation.
VALUATION OF LAND ACT 1944 16
´
Amendments 17
1. Section 11(7)(a)-- 18
omit `(10)', insert `(9)'. 19
2. Section 11(9)-- 20
omit `, under this section (except subsection (7)), the', insert `a'. 21
116
Statute Law (Miscellaneous Provisions)
3. After section 14-- 1
insert-- 2
`(2) Despite section 15, subsection (1) applies to valuations used for 3
rating and land tax purposes and does not apply to valuations for rental 4
purposes.'. 5
6
Explanatory note
7
Amendments 1 corrects an incorrect cross-reference.
8
Amendment 2 corrects a minor drafting error made by the Lands Legislation
9
Amendment Act 1992. Under the Valuation of Land Act 1944 (as amended by that
10
Act), section 11(7) (as corrected by Amendment 1) applies section 11(9) in making
11
a valuation for the purposes of section 11(7), but the application of section 11(9) to
12
section 11(7) is presently expressly excluded by the terms of section 11(9).
13
Amendment 3 clarifies that aggregation of certain lands for the purposes of a
14
valuation does not prevent a separate valuation being made for rental purposes.
ATER RESOURCES ACT 1989 15
´W
Amendment 16
1. After section 10.35-- 17
insert-- 18
`Validation of agreement 19
10.36 It is declared that the agreement made on 29 September 1992 and 20
set out in the Schedule to the Water Resources (Gordonstone Water Supply 21
Agreement) Order 1992 (the "order") is taken to have been validly 22
approved by the Governor in Council for the purpose of section 3.20 of the 23
Water Resources Act 1989 on and from the date of notification of the order 24
in the Gazette.'. 25
26
Explanatory note
27
Because the order in council did not make it sufficiently clear that the approval of
28
the Governor in Council was in fact given to the agreement, the validation is
29
necessary to remove any doubt about the question.
117
Statute Law (Miscellaneous Provisions)
CHEDULE 2 1
¡S
MENDMENTS BY WAY OF STATUTE LAW 2
A
REVISION ONLY 3
section 3 4
DRUGS MISUSE ACT 1986 5
´
Amendments 6
1. Section 4(1) (definition "educational institution")-- 7
omit `Education Act 1964-1988', 8
insert `Education (General Provisions) Act 1989'. 9
2. Section 52A-- 10
omit `Director-General of Health and Medical Services', 11
insert `Chief Health Officer, Department of Health'. 12
13
Explanatory note
14
Amendments 1 and 2 update references.
DUCATION (SENIOR SECONDARY SCHOOL 15
´E
STUDIES) ACT 1988 16
Amendment 17
1. Section 7(6)-- 18
omit. 19
118
Statute Law (Miscellaneous Provisions)
1
Explanatory Note
2
The amendment effects statute law revision by omitting a redundant provision now
3
provided for by the Statutory Instruments Act 1992.
EDUCATION (TEACHER REGISTRATION) ACT 1988 4
´
Amendment 5
1. Section 7(6)-- 6
omit. 7
8
Explanatory note
9
The amendment effects statute law revision by omitting a redundant provision now
10
provided for by the Statutory Instruments Act 1992.
EDUCATION (TERTIARY ENTRANCE 11
´
PROCEDURES AUTHORITY) ACT 1990 12
Amendment 13
1. Section 7(6)-- 14
omit. 15
16
Explanatory note
17
The amendment effects statute law revision by omitting a redundant provision now
18
provided for by the Statutory Instruments Act 1992.
119
Statute Law (Miscellaneous Provisions)
JUDGES (SALARIES AND ALLOWANCES) ACT 1967 1
´
Amendments 2
1. Section 2 (heading)-- 3
omit, insert-- 4
`Salary and allowances of Supreme Court Judges'. 5
2. Section 2-- 6
omit `Part 6', insert `Part 5'. 7
3. Section 3-- 8
insert (as heading)-- 9
`Salary and allowances of District Court Judges'. 10
4. Section 3-- 11
omit `Part 6', insert `Part 5'. 12
5. Part IV-- 13
omit. 14
6. Part 3A and Part VI-- 15
renumber as Parts 4 and 5 respectively. 16
7. Section 4-- 17
omit `Part 6', insert `Part 5'. 18
8. Sections 20 to 27 and 29 to 32-- 19
renumber as sections 5 to 16 respectively. 20
120
Statute Law (Miscellaneous Provisions)
9. Section 5(2) (as renumbered)-- 1
omit `notification published in the Gazette', insert `Gazette notice'. 2
10. Section 10(1) and (2) (as renumbered)-- 3
omit `notification published in the Gazette', insert `Gazette notice'. 4
11. Section 12(4) (as renumbered)-- 5
omit, insert-- 6
`(4) Determinations made by the Tribunal are subordinate legislation.'. 7
8
Explanatory note
9
The amendments effect statute law revision by recasting provisions in accordance
10
with current drafting practice and renumbering part of the Act with consequential
11
amendments to cross references.
STAMP ACT 1894 12
´
Amendment 13
1. Section 53A (2nd paragraph)-- 14
omit `the provisions of subsection five of section fifty-three of this Act', 15
insert `section 53(11)'. 16
17
Explanatory note
18
Amendment 1 amends an incorrect cross reference.
121
Statute Law (Miscellaneous Provisions)
TATUTE LAW (MISCELLANEOUS PROVISIONS) 1
´S
ACT 1992 2
Amendment 3
1. Schedule 2, amendment of Local Government (Planning and 4
Environment) Act 1990, item 45 (after `thereto')-- 5
insert `(wherever occurring)'. 6
7
Commencement
8
Amendment 1 commences on 7 December 1992.
9
Explanatory note
10
Amendment 1 clarifies an earlier statute revision amendment.
ORKPLACE HEALTH AND SAFETY ACT 1989 11
´W
Amendment 12
1. Section 114(2)(b)(i)-- 13
omit `Director of Accident Prevention appointed or taken to be appointed 14
under and for the purposes of this Act,', 15
insert `Director'. 16
17
Explanatory note
18
Amendment 1 corrects a reference.
122
Statute Law (Miscellaneous Provisions)
CHEDULE 3 1
¡S
CTS REPEALED 2
A
section 4(1) 3
. OBSOLETE ACTS 4
´A
1. Acts Amendment and Construction Act 1988 5
Acts Repeal Act 1991 6
Administration of Commercial Laws Act and Other Acts Amendment 7
Act 1981 8
Agricultural Bank Act Amendment Act 1929 9
Agricultural Bank Acts Amendment Act 1931 10
Agricultural Bank (Loans) Act Amendment Act 1981 11
Agricultural Bank (Loans) Act and Another Act Amendment Act 1980 12
Agricultural Bank (Special Ratification) Act 1959 13
Agricultural Bank (Special Ratification) Act 1963 14
Appropriation Act 1988-1989 (No. 1) 15
Appropriation Act 1988-1989 (No. 2) 16
Appropriation Act 1989-1990 (No. 1) 17
Appropriation Act 1989-1990 (No. 2) 18
Appropriation Act 1990-1991 (No. 1) 19
Appropriation Act 1990-1991 (No. 2) 20
Associated General Contractors Insurance Company Limited (Motor 21
Vehicles Insurance) Act 1980 22
Brands Acts Amendment Act 1932 23
Brands Acts and Diseases in Stock Acts Amendment Act 1941 24
123
Statute Law (Miscellaneous Provisions)
Brisbane and Area Water Board Act Amendment Act 1991 1
City of Brisbane Market Act Amendment Act 1982 2
City of Brisbane (Water Supply) Act and Another Act Amendment Act 3
1978 4
Clean Air Act Amendment Act 1981 5
Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1942 6
Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970 7
Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 8
1947 9
Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 10
1948 11
Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 12
1950 13
Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 14
1952 15
Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 16
1954 17
Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 18
1958 19
Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 20
1960 21
Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 22
1968 23
Common Law Practice Act Amendment Act 1978 24
Constitution (Cancellation of Referendum) Act 1989 25
Constitution (Duration of Legislative Assembly) Referendum Act 1990 26
Co-ordination of Rural Advances and Agricultural Bank Act 27
Amendment Act 1943 28
Co-ordination of Rural Advances and Agricultural Bank Acts 29
Amendment Act 1945 30
124
Statute Law (Miscellaneous Provisions)
Co-ordination of Rural Advances and Agricultural Bank Acts 1
Amendment Act 1946 2
Co-ordination of Rural Advances and Agricultural Bank Acts 3
Amendment Act 1947 4
Co-ordination of Rural Advances and Agricultural Bank Acts 5
Amendment Act 1951 6
Co-ordination of Rural Advances and Agricultural Bank Act 7
Amendment Act 1969 8
Co-ordination of Rural Advances and Agricultural Bank Acts and 9
Other Acts Amendment Act 1944 10
Daylight Saving Act 1989 11
Diseases in Plants Acts and Another Act Amendment Act 1937 12
Diseases in Stock Acts Amendment Act 1948 13
Diseases in Stock Acts Amendment Act 1952 14
Diseases in Stock Acts and Another Act Amendment Act 1944 15
Diseases in Stock Acts and Other Acts Amendment Act 1940 16
Drainage of Mines Act Repeal Act 1988 17
Education (General Provisions) Act Amendment Act 1989 18
Education (Subordinate Instruments Ratification) Act 1984 19
Evangelical Lutheran Church, Wickham Terrace, Act 1910 20
Explosives Act Amendment Act 1980 21
Farm Water Supplies Assistance Act and Another Act Amendment Act 22
1989 23
Farmers' Assistance Act Amendment Act 1971 24
Farmers' Assistance Act Amendment Act 1971 (No. 2) 25
Farmers' Assistance Act (Amendment) and Reconstruction Agreements 26
(Ratification) Act 1974 27
Farmers' Assistance Act (Amendment) and Rural Adjustment 28
Agreement (Ratification) Act 1980 29
Farmers' Assistance (Debts Adjustment) Act Amendment Act 1970 30
125
Statute Law (Miscellaneous Provisions)
Fruit and Vegetables Act and Other Acts Amendment Act 1988 1
Health Act Amendment Act 1973 2
Health Acts Amendment Act 1945 3
Health Acts Amendment Act 1967 4
Hen Quotas Act Amendment Act 1985 5
Honourable Angelo Vasta (Validation of Office) Act 1989 6
Honourable Jack Lawrence Kelly Enabling Act 1976 7
Imperial Acts (Termination of Application) Act 1968 8
Income Tax Act 1936 9
Income Tax Adjustment Act 1946 10
Income Tax Assessment Act 1936 11
Income Tax Assessment Act Amendment Act 1941 12
Intellectually Handicapped Citizens Act Amendment Act 1989 13
Irrigation Acts and Another Act Amendment Act 1957 14
Irrigation Acts and Other Acts Amendment Act 1954 15
Irrigation and Water Supply Acts Amendment Act 1931 16
Irrigation and Water Supply Commission Act and Other Acts 17
Amendment Act 1949 18
Judges' Validating Act 1888 19
Judicature Act Amendment Act 1900 20
Justices Acts and Real Property Fees Act 1932 21
Licensed Victuallers' Licenses (Validation of Removals) Act 1973 22
Liquefied Petroleum Gas Subsidy Act Commencement Act 1981 23
Liquor Act Amendment and Liquor License Fees Adjustment Act 1979 24
Liquor Act Amendment and Spirit Merchant's Licenses (Validation of 25
Transfers) Act 1987 26
Local Authorities (1991 Elections) Act 1990 27
Local Government (Aboriginal Lands) Act Amendment Act 1978 28
126
Statute Law (Miscellaneous Provisions)
Local Government (Adjustment of Boundaries) Act 1978 1
Maintenance and Alimony Relief Act 1935 2
Meat Industry Act Amendment Act 1977 3
Meat Industry Act Amendment Act 1981 4
Medical Act and Other Acts Amendment Act 1981 5
Metropolitan Water Supply and Sewerage Acts Amendment Act 1918 6
Metropolitan Water Supply and Sewerage Acts Amendment Act 1921 7
Mines Department (Administration) Act 1982 8
Mining Acts Amendment Act 1929 9
Mining Machinery Advances Act Repeal Act 1988 10
Motor Vehicles Insurance Act Amendment Act 1969 11
Motor Vehicles Insurance Acts Amendment Act 1945 12
Motor Vehicles Insurance Acts Amendment Act 1968 13
Northumberland Insurance Company Limited (Motor Vehicles 14
Insurance) Act 1974 15
Parliamentary Committee Transitional Act 1977 16
Patriotic Funds Act Repeal Act and Other Acts Amendment Act 1988 17
Picture Theatres and Films Act Repeal and Other Acts Amendment Act 18
1990 19
Police Act Amendment Act 1944 20
Public Accountants Registration (Repeal and Consequential 21
Amendments) Act 1990 22
Public Trustee Regulations (Continuation) Act 1988 23
Queensland Law Society Act Amendment Act 1980 24
Queensland Law Society Acts Amendment Act 1967 25
Queensland Meat Inspection Agreement Act Repeal Act 1988 26
Racing and Betting Act Amendment Act 1984 27
Racing and Betting Act Amendment Act 1985 28
127
Statute Law (Miscellaneous Provisions)
Save the Steam Car Fund Act 1985 1
Seven Seas Insurance Company Limited (Motor Vehicles Insurance) 2
Act 1962 3
State Advances Act and Other Acts Relief Amendment Act 1934 4
State Enterprises Acts Repeal Act 1983 5
Statistics Act 1935 6
Stock Act and Another Act Amendment Act 1984 7
Stock Act and Other Acts Amendment Act 1973 8
Stock Acts Amendment Act 1965 9
Student Education (Work Experience) Act Amendment Act 1989 10
Summer Time Repeal Act 1992 11
Trade Coupons Act Repeal Act 1978 12
Trade Descriptions (Textile Products) Act Repeal, and Other Acts 13
Amendment Act 1964 14
Upper Burdekin Co-operative Association Limited Validation Act 1979 15
Vehicle & General Insurance Company (Australia) Ltd. (Motor 16
Vehicles Insurance) Act 1971 17
V.I.P. Insurances Limited (Motor Vehicles Insurance) Act 1978 18
V.I.P. Insurances Limited (Motor Vehicles Insurance) Act Amendment 19
Act 1981 20
War Service Land Settlement Act 1946 21
War Service Land Settlement Acts Amendment Act 1967 22
War Service Land Settlement Acts Amendment Act 1959 23
War Service Land Settlement Validation Act 1950 24
Water Acts and Another Act Amendment Act 1940 25
Weekend Detention Act 1970 26
Weekend Detention Act Amendment Act 1983 27
Weekend Detention Act Amendment Act 1984 28
Wine Industry Act and Another Act Amendment Act 1978 29
128
Statute Law (Miscellaneous Provisions)
1
Explanatory note
2
These Acts are Acts that have been identified as obsolete.
B. OTHER ACTS 3
´
2. Coal Mining Industry Long Service Leave Act 1951 4
Coal Mining Industry Long Service Leave Act Amendment Act 1990 5
6
Commencement
7
27 June 1993
8
Explanatory note
9
These Acts will be redundant with the commencement of the Coal Mining Industry
10
(Long Service Leave Funding) Act 1992 of the Commonwealth.
3. Sporting Bodies' Loans Guarantee Act 1973 11
12
Explanatory note
13
This Act is no longer required as it is proposed not to make further guarantees under
14
it.
4. Treaties Commission Act 1974 15
16
Explanatory note
17
No work has been undertaken by the Commission since 1977. The functions of the
18
Commission are no longer required.
129
Statute Law (Miscellaneous Provisions)
CHEDULE 4 1
¡S
MPERIAL LAWS THAT CEASE TO BE IN FORCE 2
I
section 4(2) 3
Appellate Jurisdiction Act 1887 4
Appellate Jurisdiction Act 1908 5
Habeas Corpus Act 1862 6
Judicial Committee Act 1843 7
Judicial Committee Act 1881 8
Judicial Committee Act 1915 9
Judicial Committee Amendment Act 1895 10
Privy Council Registrar Act 1853 11
Rules Regulating Appeals from Queensland 12
13
Explanatory note
14
These Imperial laws have been identified as obsolete.
130
Statute Law (Miscellaneous Provisions)
CHEDULE 5 1
¡S
DECLARED LAWS WHOSE REPEAL DOES NOT END 2
THEIR EFFECT 3
section 4(3) 4
Acts Amendment and Construction Act 1988, sections 4, 5, 7 and 9 5
Common Law Practice Act Amendment Act 1978, sections 3 and 4 6
Fruit and Vegetables Act and Other Acts Amendment Act 1988, section 10 7
Local Government (Adjustment of Boundaries) Act 1978 8
Local Government (Planning and Environment) Act 1990, section 8.12(4) 9
Weekend Detention Act 1970 10
Weekend Detention Act Amendment Act 1983 11
Weekend Detention Act Amendment Act 1984 12
13
© State of Queensland 1993
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