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Queensland
STATUTE LAW
(MISCELLANEOUS
PROVISIONS) BILL (No. 2)
1992
Queensland
STATUTE LAW (MISCELLANEOUS
PROVISIONS) BILL (No. 2) 1992
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amended Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Declaratory provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Explanatory notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 7
MINOR AMENDMENTS
ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ADMINISTRATION OF COMMERCIAL LAWS ACT 1962 . . . . . . . . . . . 10
CANALS ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CASINO CONTROL ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
CHILDRENS COURT ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
COMMONWEALTH AND STATE HOUSING AGREEMENT
ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
CONTAMINATED LAND ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
CREDIT ACT 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
FAIR TRADING ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
FISHING INDUSTRY ORGANIZATION AND MARKETING
ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
FORESTRY ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
2
Statute Law (Miscellaneous Provisions)
(No. 2)
GURULMUNDI SECURE LANDFILL AGREEMENT ACT 1992 . . . . . . . 32
HARBOURS ACT 1955 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
JUDICIAL REVIEW ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
JUSTICES OF THE PEACE AND COMMISSIONERS FOR
DECLARATIONS ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
LAND ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
LAW REFORM COMMISSION ACT 1968 . . . . . . . . . . . . . . . . . . . . . . . . . 39
LEGISLATIVE STANDARDS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
MINERAL RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
MOTOR VEHICLES CONTROL ACT 1975 . . . . . . . . . . . . . . . . . . . . . . . . 45
PARLIAMENTARY COMMISSIONER ACT 1974 . . . . . . . . . . . . . . . . . . . 47
PEACE AND GOOD BEHAVIOUR ACT 1982 . . . . . . . . . . . . . . . . . . . . . . 56
PLANT PROTECTION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
PRIMARY PRODUCERS' ORGANISATION AND MARKETING
ACT 1926 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 . . . . . . 58
RENTAL BOND ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
REPRINTS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
RETIREMENT VILLAGES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
RURAL TRAINING SCHOOLS ACT 1965 . . . . . . . . . . . . . . . . . . . . . . . . . 66
SEWERAGE AND WATER SUPPLY ACT 1949 . . . . . . . . . . . . . . . . . . . . 68
SOCCER FOOTBALL POOLS ACT 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . 74
STATUTORY INSTRUMENTS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 74
SUPREME COURT ACT 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
TRAFFIC ACT 1949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
WORKPLACE HEALTH AND SAFETY ACT 1989 . . . . . . . . . . . . . . . . . . 79
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 89
AMENDMENTS BY WAY OF STATUTE LAW REVISION
BILLS OF SALE AND OTHER INSTRUMENTS ACT 1955 . . . . . . . . . . . 89
CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
FIRE SERVICE ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
GAMING MACHINE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
3
Statute Law (Miscellaneous Provisions)
(No. 2)
JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
LAND SALES ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
LEGAL AID ACT 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
LOCAL GOVERNMENT (PLANNING AND ENVIRONMENT)
ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
PICTURE THEATRES AND FILMS ACT REPEAL AND
OTHER ACTS AMENDMENT ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . 101
PROPERTY LAW ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
SOUTH BANK CORPORATION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . 112
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1991 . . . . . . 112
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1992 . . . . . . 113
SUPREME COURT OF QUEENSLAND ACT 1991 . . . . . . . . . . . . . . . . . 114
TRANSPORT INFRASTRUCTURE (RAILWAYS) ACT 1991 . . . . . . . . 114
TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 . . . . . . . . . . . . 119
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 124
ACTS REPEALED
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . 126
DECLARATORY PROVISIONS
FRUIT MARKETING ORGANISATION AMENDMENT
REGULATION 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
1992
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)
(No. 2)
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
PART 1--PRELIMINARY 4
title 5
Short
This Act may be cited as the Statute Law (Miscellaneous 6
Clause1.
Provisions) Act (No. 2) 1992. 7
8
Commencement
This Act commences on the date of assent except so far as is 9
Clause2.
otherwise expressly provided in the Schedules. 10
Acts 11
Amended
Each Act mentioned in Schedules 1 and 2 is amended as set out in 12
Clause3.
those Schedules. 13
14
Repeals
Clause4. Each Act mentioned in Schedule 3 is repealed. 15
provisions 16
Declaratory
Clause5. Schedule 4 has effect. 17
notes 18
Explanatory
Clause6. Matter appearing under the heading `Explanatory note' in this Act 19
does not form part of the Act. 20
7
Statute Law (Miscellaneous Provisions)
(No. 2)
CHEDULE 1 1
¡S
INOR AMENDMENTS 2
M
section 3 3
CTS INTERPRETATION ACT 1954 4
´A
Amendments 5
1. Long title-- 6
omit, insert-- 7
`An Act to assist in the shortening and interpretation of Queensland 8
Acts'. 9
2. Section 6 (definition "Act")-- 10
omit, insert-- 11
` "Act" means an Act of the Queensland Parliament, and includes-- 12
(a) a British or New South Wales Act that is in force in Queensland; 13
and 14
(b) an enactment of an earlier authority empowered to pass laws in 15
Queensland that has received assent.'. 16
3. Section 15D(2)-- 17
omit, insert-- 18
`(2) If the day or time fixed by a proclamation for the commencement of 19
an Act or a provision of an Act happens before the day on which the 20
proclamation is notified in the Gazette (the "notification day")-- 21
(a) the proclamation is valid; but 22
(b) the Act or provision commences on the notification day.'. 23
8
Statute Law (Miscellaneous Provisions)
(No. 2)
4. After section 27A(3)-- 1
insert-- 2
`(3A) If the delegator is a body of persons, the delegation-- 3
(a) may be revoked by resolution of the body (whether or not 4
constituted by the persons who constituted the body when the 5
power was delegated); and 6
(b) continues in force despite a change in the members of the body.'. 7
5. Section 35(2)-- 8
omit, insert-- 9
`(2) In an Act, a reference to an office or body established by or under an 10
Act need not include the words `Queensland' or `of Queensland' merely 11
because the words form part of its name or title.'. 12
6. Section 49 (heading)-- 13
omit, insert-- 14
`Forms'. 15
7. Section 49(2) (after `prescribed by')-- 16
insert `or under'. 17
8. After section 49(2)-- 18
insert-- 19
`(3) If-- 20
(a) a form may be prescribed by or under an Act for a purpose; and 21
(b) another form may be prescribed by or under the Act or another 22
Act for the same or another purpose; 23
then, if separate forms are prescribed for each purpose, a single form may 24
also be prescribed, and used by a person, for the purposes. 25
9
Statute Law (Miscellaneous Provisions)
(No. 2)
`(4) If, under an Act, a form is required or permitted to be filed with, or 1
served on, a person (whether the expression `file', `lodge', `deliver', `give', 2
`notify', `send' or `serve' or another expression is used), the form may be 3
filed with, or served on, another person under arrangements made between 4
the persons.'. 5
6
Explanatory note
7
Long title
8
Amendment 1 revises the long title to reflect more accurately (and briefly) the Act's
9
purpose.
10
Definition of Act
11
Amendment 2 replaces the definition of "Act". The new definition specifically
12
includes British and New South Wales Acts that still have force in Queensland.
13
These Acts form part of the law of Queensland.
14
Publication of Gazette notice
15
Amendment 3 makes a minor amendment consequential on the enactment of the
16
Statutory Instruments Act 1992. Under section 40(1) of that Act subordinate
17
legislation (including a proclamation that fixes the commencement of an Act or
18
provision of an Act) must be notified in the Gazette. Publication of a Gazette notice
19
of the making of subordinate legislation and of a place or places where copies can be
20
obtained is sufficient compliance with the requirement in section 40(2) of Statutory
21
Instruments Act 1992. Publication of the subordinate legislation in the Gazette is no
22
longer essential.
23
Delegation power
24
Amendment 4 makes it clear that a delegation given by a body of persons continues
25
in force, and may be revoked, despite a change in the members of the body.
26
Application of s.35(2) (References to Queensland implied) to statutory offices
27
Amendment 5 extends existing section 35(2) to statutory offices. The subsection
28
already applies to statutory bodies.
29
Common form
30
Amendment 8 gives effect to a recommendation of the Business Regulation Review
31
Unit to enable a common form to be prescribed and used under 1 or more Acts. Use
32
of a common form is to be optional and separate forms will continue to be available
33
to persons who wish to use them. The amendment should assist in achieving
34
significant savings to business in complying with Government regulation.
35
Amendment 6 is consequential on amendment 8.
10
Statute Law (Miscellaneous Provisions)
(No. 2)
1
Statute law revision
2
Amendment 7 makes a minor drafting improvement.
ADMINISTRATION OF COMMERCIAL LAWS ACT 3
´
1962 4
Amendments 5
1. Section 6(1)(d) and (h)-- 6
omit. 7
2. Section 7(1)(d) and (h)-- 8
omit. 9
10
Explanatory note
11
Appointment as inspectors
12
Amendments 1 and 2 remove provisions that provide that the Registrar and Deputy
13
Registrars of Commercial Acts are, by virtue of their office, inspectors under the
14
Hire-purchase Act 1959 and Registrar and Deputy Registrar under the repealed
15
Money Lenders Act 1916. In future, any appointments that are necessary will be made
16
under the Hire-purchase Act 1959.
CANALS ACT 1958 17
´
Amendments 18
1. Section 3(1)(b)-- 19
omit `identified in the Order in Council whereby', 20
insert `in respect of which'. 21
11
Statute Law (Miscellaneous Provisions)
(No. 2)
2. Section 3(1)(c)-- 1
omit, insert-- 2
`(c) construct a canal contrary to a term or condition of the final 3
approval to construct the canal; or'. 4
3. Section 7(3) (1st sentence)-- 5
omit `by Order in Council published in the Gazette'. 6
4. Section 7(3) (1st sentence)-- 7
omit `, the Governor in Council deeming fit, are specified in the Order in 8
Council', 9
insert `the Governor in Council considers appropriate'. 10
5. Section 7(3) (last sentence)-- 11
omit, insert-- 12
`(3A) The Director-General must, as soon as practicable after final 13
approval is given to the construction of a canal, give written notice of the 14
details of the approval to-- 15
(a) the applicant; and 16
(b) the Registrar of Titles.'. 17
6. Section 8(1)(a)-- 18
omit `identified in the Order in Council whereby', 19
insert `in respect of which'. 20
7. Section 8(1)(b)-- 21
omit `specified in such Order in Council', 22
insert `of the final approval'. 23
12
Statute Law (Miscellaneous Provisions)
(No. 2)
8. Section 8(2)-- 1
omit all words from `publication' to `canal', 2
insert `applicant receives notice of the final approval under section 7(3A) 3
in relation to the canal'. 4
9. Section 18-- 5
omit. 6
7
Explanatory note
8
Amendments 1 to 8 make further steps in rationalising the use of subordinate
9
legislation. The amendments remove the requirement for orders in council giving
10
final approvals in relation to the construction of canals.
11
Amendment 9 omits a redundant provision.
ASINO CONTROL ACT 1982 12
´C
Amendments 13
1. Section 4(1) (definitions "game" and "the Minister")-- 14
omit. 15
2. Section 4(1)-- 16
insert-- 17
` "game" means a game that is-- 18
(a) notified under section 63(1); or 19
(b) a machine game; 20
"gaming machine" means a device that is designed so that-- 21
(a) it may be used for the purpose of playing a game of chance or a 22
game of mixed chance and skill; and 23
(b) it may be operated, wholly or partly-- 24
13
Statute Law (Miscellaneous Provisions)
(No. 2)
(i) by the insertion of Australian currency or a chip into the 1
device; or 2
(ii) by the use of gaming machine credits; or 3
(iii) by the electronic transfer of gaming machine credits to the 4
device; or 5
(iv) by the use of gaming machine credits held, stored or 6
accredited by the device or elsewhere; 7
"gaming machine credit" means a credit of Australian currency, or chips, 8
registered by a gaming machine; 9
"machine game" means a game that-- 10
(a) is designed to be played on a gaming machine and identifiable 11
from all other games by differences in rules or programming; and 12
(b) is approved by the Director under section 62(3)(a);'. 13
3. Section 51(3)-- 14
omit, insert-- 15
`(3) Subject to subsection (4), the amount of the casino tax is to be-- 16
(a) the percentage of the casino gross revenue for the month in 17
question that is applicable under the agreement (as mentioned in 18
section 19) under which the casino licence issues; or 19
(b) if the agreement provides that an amount is to be payable in 20
specified circumstances and the circumstances have arisen--that 21
amount. 22
`(4) If the Governor in Council considers that the percentage specified in 23
the agreement should be varied, the Governor in Council may, by 24
regulation, determine a higher or lower percentage for the purposes of 25
subsection (3)(a). 26
`(5) A regulation determining a higher or lower percentage for the 27
purposes of subsection (3)(a) takes effect-- 28
(a) if the regulation is notified in the Gazette on the first day of the 29
month--on that day; or 30
14
Statute Law (Miscellaneous Provisions)
(No. 2)
(b) in any other case--on the first day of the next month.'. 1
4. After section 62(3)-- 2
insert-- 3
`(3A) The Director's approval of a gaming machine under subsection 4
(3)(a) must include approval of the machine game to be played on the 5
machine.'. 6
5. Section 63(7) and (8)-- 7
omit, insert-- 8
`(7) Subject to subsection (8), the casino operator may, having regard to 9
the apparent gaming requirements of casino patrons, at any time conduct a 10
number of games less than the maximum number approved for the 11
particular type of that game. 12
`(8) The Minister may, by written notice given to the casino operator, 13
direct that a minimum number of a particular type of game must be played. 14
`(9) The casino operator must ensure that each game conducted in the 15
casino is conducted according to the account of the rules notified under 16
subsection (2) for the playing of the game. 17
`(10) A notification under subsection (1) is subordinate legislation. 18
`(11) In this section-- 19
"game" does not include a machine game.'. 20
6. Section 77-- 21
omit, insert-- 22
`Keeping of bank accounts 23
`77.(1) A casino operator must keep and maintain separate bank accounts 24
approved by the Minister for use for all banking transactions relating to the 25
operations of the hotel-casino complex or the casino. 26
`(2) The operator must not use an account approved under subsection (1) 27
15
Statute Law (Miscellaneous Provisions)
(No. 2)
for other purposes.'. 1
7. Section 127-- 2
omit, insert-- 3
`Regulations 4
`127.(1) The Governor in Council may make regulations for the 5
purposes of this Act. 6
`(2) A regulation may be made with respect to any of the following 7
matters-- 8
(a) the types of work a casino key employee or casino employee may 9
be licensed to perform and the compilation of lists in relation to 10
the work; 11
(b) arrangements and procedures for the taking of finger prints and 12
palm prints of an applicant for a casino key employee licence or a 13
casino employee licence; 14
(c) the forms to be used for the purposes of this Act and the printing 15
of the forms; 16
(d) the fees payable for the purposes of this Act; 17
(e) the control of advertising by casino licensees, lessees under 18
casino leases and casino operators under casino management 19
agreements; 20
(f) the casino tax mentioned in section 51; 21
(g) gaming machines and machine games; 22
(h) creating offences and prescribing penalties of not more than 10 23
penalty units for the offences.'. 24
8. Section 128-- 25
omit. 26
16
Statute Law (Miscellaneous Provisions)
(No. 2)
9. After section 127-- 1
insert-- 2
`Existing regulations 3
`128. A regulation in force under this Act immediately before the 4
commencement of this section continues to have effect, after the 5
commencement, as if it had been made under this Act, as in force 6
immediately after the commencement.'. 7
8
Commencement
9
All amendments of the Casino Control Act 1982 commence on a day to be fixed by
10
proclamation.
11
Explanatory note
12
General Comment
13
The opportunity has been taken in making the amendments outlined below to recast
14
certain existing provisions in Plain English.
15
Amendment 5
16
Under section 62 of the Casino Control Act 1982, all gaming equipment is approved
17
by the Director. Gaming machines have a description of play, and schedule of
18
payouts, displayed as part of the machine's artwork. The artwork is considered
19
sufficient notice of the description of play for the purposes of the Gaming Machine
20
Act 1991. Proposed section 63(11) excludes games played on gaming machines from
21
the process by which the Minister notifies in the Gazette the games to be conducted
22
or played in a casino together with an account for playing the games. The effect of
23
the amendment is to treat gaming machines in the same way for the purposes of both
24
Acts. Except as outlined by the relevant provisions, the effect of the Act has not
25
been altered.
26
Amendments 1, 2 and 4
27
These amendments are largely consequential on Amendment 5.
28
Amendments 3 and 7
29
These amendments are statute revision amendments. Amendment 3 changes the
30
method of varying the percentage of casino tax from an Order in Council to a
31
regulation. Amendment 7 remakes section 127 in current drafting style for regulation
32
making powers.
33
Amendment 6
34
Amendment 6 allows a casino operator to keep or maintain a bank account outside of
17
Statute Law (Miscellaneous Provisions)
(No. 2)
1
the State with the Minister's approval.
2
Amendment 8
3
This amendment omits a provision that is redundant because of Amendment 3.
4
Amendment 9
5
This amendment saves existing regulations.
HILDRENS COURT ACT 1992 6
´C
Amendments 7
1. After section 27-- 8
insert-- 9
`References to Childrens Court 10
`28.(1) A reference in another Act to the Childrens Court or a Childrens 11
Court (whether the expression `the Childrens Court', `a Children's Court' 12
or `a Childrens Court' or another expression is used) is, in relation to 13
anything done, or proposed to be done, after the commencement of section 14
4, taken to be a reference to the Childrens Court established under this Act. 15
`(2) Subsection (1) applies to a reference in an Act passed before the 16
commencement of section 4 despite the reference being expressly to the 17
Childrens Court or a Childrens Court constituted under an Act other than 18
this Act.'. 19
2. Section 28-- 20
renumber as section 29. 21
22
Explanatory note
23
Saving of references to Childrens Court
24
Amendment 1 inserts a new section designed to ensure that existing references to the
25
Childrens Court or a Childrens Court will be taken to be references to the Childrens
26
Court established under the Childrens Court Act 1992. The new section applies only
27
to things done, or proposed to be done, after the establishment of the new Childrens
28
Court.
18
Statute Law (Miscellaneous Provisions)
(No. 2)
1
Amendment 2 is consequential on amendment 1.
OMMONWEALTH AND STATE HOUSING 2
´C
AGREEMENT ACT 1990 3
Amendment 4
1. After section 3-- 5
insert-- 6
`Variation of agreement 7
`4.(1) Nothing in this Act or the agreement prevents any provision of the 8
agreement (including subclause 39(1) or a provision mentioned in the 9
subclause) from being varied under the agreement as between the State and 10
the Commonwealth. 11
`(2) The agreement as varied has the force of law as if it were an 12
enactment of this Act.'. 13
14
Explanatory note
15
This amendment will clarify the ability of the State and the Commonwealth to vary
16
the original agreement, including the provisions of the agreement mentioned in
17
subclause 39(1) that were excluded from variation.
CONTAMINATED LAND ACT 1991 18
´
Amendments 19
1. Section 4 (definitions "Director" and "local authority")-- 20
omit. 21
2. Section 4-- 22
insert-- 23
` "chief executive" means the chief executive of the department;'. 24
19
Statute Law (Miscellaneous Provisions)
(No. 2)
3. Section 12-- 1
omit `, if any,'. 2
4. Section 54-- 3
omit, insert-- 4
`Delegation 5
`54. The chief executive may delegate all or any of the powers of the 6
chief executive under this Act or the Local Government (Planning and 7
Environment) Act 1990 to an officer or employee of the department.'. 8
5. Sections 4 (definitions "approved", "authorised person" and 9
"contaminated land"), 6(1), 13(2) and (3), 14(2) to (4), 16(2) and (3), 10
17 to 25, 28, 30(4), 40, 41(2), 42(2), 44, 45, 46(2), 48(1), 49(1), 50, 53 11
and 57-- 12
omit `Director' (wherever occurring), insert `chief executive'. 13
14
Explanatory note
15
References to Director
16
The amendments bring the Act into line with current drafting practice by omitting
17
references to the Director (formerly this was a reference to the Director of the Bureau
18
of Emergency Services) and substituting references to the chief executive of the
19
department. The Act is now administered by the Minister for Environment and
20
Heritage.
21
Delegation
22
Amendment 4 also broadens the delegation provision of the Act to allow the chief
23
executive to delegate powers under the Local Government (Planning and
24
Environment) Act 1990.
25
Statute law revision
26
Amendment 1 also omits a redundant definition.
27
Amendment 3 omits unnecessary words.
20
Statute Law (Miscellaneous Provisions)
(No. 2)
REDIT ACT 1987 1
´C
Amendments 2
1. Long title-- 3
omit, insert-- 4
`An Act relating to the provision of credit and the regulation of 5
contracts providing credit, and for related purposes'. 6
2. Section 21(5)-- 7
omit, insert-- 8
`(5) An order in council made under this section is subordinate 9
legislation.'. 10
3. Section 122(8) (definitions "commercial broadcasting station", 11
"commercial television station" and "licensee")-- 12
omit. 13
14
Explanatory note
15
Long title
16
Amendment 1 amends the long title to reflect the present purposes of the Act.
17
Subordinate legislation
18
Amendment 2 omits a redundant provision and makes it clear that orders in council
19
made under section 21 are subordinate legislation.
20
Definitions
21
Amendment 3 omits definitions that do not require specific definition in the Act. The
22
omission of those definitions also avoids references to a Commonwealth Act that
23
may be amended or repealed in the future.
21
Statute Law (Miscellaneous Provisions)
(No. 2)
VIDENCE ACT 1977 1
´E
Amendment 2
1. After section 134-- 3
insert-- 4
`Production of documents by agencies in relation to civil proceedings 5
`134A.(1) A person who is a party to a civil proceeding may make 6
written application to the principal officer of an agency to produce for 7
inspection a document that-- 8
(a) is in the possession of, or under the power of, the agency; and 9
(b) is relevant to an issue in the proceeding; 10
if the agency, the principal officer, or a member, officer or employee of the 11
agency, could be ordered, on the application of the person, to produce the 12
document in the proceeding. 13
`(2) The principal officer may permit the person, on payment of the 14
prescribed fee, to inspect the document, and take a copy of, or an extract 15
from, the document, at a time and place nominated by the principal officer. 16
`(3) If the principal officer permits the person to inspect and take a copy 17
of, or an extract from, the document, the principal officer, and all persons 18
acting on behalf of the principal officer, are entitled to the same protection as 19
they would have had if the acts concerned had been carried out in obedience 20
to a process of the Supreme Court. 21
`(4) The principal officer is not required to notify another party to the 22
proceeding of-- 23
(a) the making of the application; or 24
(b) any action taken in relation to the application. 25
`(5) Subject to subsection (6), this section does not affect-- 26
(a) the operation of any law relating to the disclosure or non- 27
disclosure of information; or 28
(b) the operation of another law that authorises the inspection or 29
copying of a document otherwise than as provided in this section; 30
22
Statute Law (Miscellaneous Provisions)
(No. 2)
or 1
(c) the power of a court to order the inspection or production of a 2
document. 3
`(6) If a document mentioned in subsection (1) is a document that 4
contains information to which section 5.1 of the Health Services Act 1991 5
applies, the document is, for the purposes of section 5.1(2)(a) of that Act, 6
information that is expressly authorised or permitted to be given under this 7
Act. 8
`(7) In this section-- 9
"agency" means-- 10
(a) a department; or 11
(b) a public authority within the meaning of the Freedom of 12
Information Act 1992; or 13
(c) a person or body declared by regulation to be an agency; 14
but does not include a person or body declared by regulation not to be 15
an agency; 16
"principal officer" means-- 17
(a) in relation to a department--the chief executive of the department; 18
or 19
(b) in relation to an agency for which a regulation declares an officer 20
to be the principal officer--the holder of the office; or 21
(c) in relation to another agency-- 22
(i) if it is an incorporated body that has no members--the 23
person who manages the body's affairs; or 24
(ii) if it is a body (whether or not incorporated) that is 25
constituted by 1 person--the person; or 26
(iii) if it is a body (whether or not incorporated) that is 27
constituted by 2 or more persons--the person who is 28
entitled to preside at a meeting of the body at which the 29
person is present.'. 30
23
Statute Law (Miscellaneous Provisions)
(No. 2)
1
Commencement
2
This amendment commences on a day to be fixed by proclamation.
3
Explanatory note
4
Simpler procedure for third party discovery
5
The amendment provides an administrative mechanism for third party discovery. It
6
will permit an alternative to court-ordered discovery and should result in cost savings
7
to users. A litigant will be able to make a direct application to a department or
8
public authority and only in contentious cases will it be necessary for a litigant to
9
seek a court order.
AIR TRADING ACT 1989 10
´F
Amendments 11
1. Section 5(1) (definitions "Assistant Commissioner", 12
"Commissioner" and "supply")-- 13
omit. 14
2. Section 5(1)-- 15
insert-- 16
` "Assistant Commissioner" means an Assistant Commissioner for 17
Consumer Affairs; 18
"Commissioner" means the Commissioner for Consumer Affairs; 19
"supply" includes-- 20
(a) in relation to goods--supply (including resupply) by way of sale, 21
exchange, lease, hire or hire-purchase; and 22
(b) in relation to services--provide, grant or confer;'. 23
3. Section 5(1) (definition "services")-- 24
omit `without limiting the generality of the foregoing, includes', 25
insert `includes, for example,'. 26
24
Statute Law (Miscellaneous Provisions)
(No. 2)
4. Section 5(11)-- 1
omit, insert-- 2
`(11) For the purposes of this Act, a corporation is related to another 3
corporation if it is related to the other corporation for the purposes of the 4
Corporations Law.'. 5
5. Section 10(1)-- 6
omit `by Order in Council', insert `, by Gazette notice,'. 7
6. Section 10(2)(c)-- 8
omit `by Order in Council', insert `by Gazette notice'. 9
7. Section 10(2)-- 10
omit `whereupon he shall cease to be chairman of the Council'. 11
8. Section 10(3)-- 12
omit `, on the recommendation of the Minister,'. 13
9. Section 11(2)-- 14
omit `whereupon he shall cease to be deputy chairman and the office 15
shall fall vacant'. 16
10. Section 13(1)(d)-- 17
omit `by Order in Council', insert `by Gazette notice'. 18
11. Section 13(2)-- 19
omit `, on the recommendation of the Minister,'. 20
25
Statute Law (Miscellaneous Provisions)
(No. 2)
12. Section 51(3) (definition "prescribed information provider")-- 1
omit, insert-- 2
` "prescribed information provider" means a person who carries on a 3
business of providing information, and includes-- 4
(a) a person to whom, or each of the members of a consortium to 5
which, a broadcasting or television licence has been granted under 6
a law of the Commonwealth; and 7
(b) the Australian Broadcasting Corporation; and 8
(c) the Special Broadcasting Service Corporation;'. 9
13. Section 52(9) (definition "directory")-- 10
omit `Australian Telecommunications Commission', 11
insert `Australian and Overseas Telecommunications Corporation'. 12
14. Section 85(1)-- 13
omit `published in the Gazette'. 14
15. Section 85(2)-- 15
omit, insert-- 16
`(2) An order made under subsection (1) is subordinate legislation.'. 17
16. Section 90(3)(e)-- 18
omit `made in accordance with the Oaths Act 1867-1988'. 19
17. Section 94(4)(c)-- 20
omit, insert-- 21
`(c) the maximum term of imprisonment to which a person may be 22
sentenced for an offence against this Act is 1 year.'. 23
26
Statute Law (Miscellaneous Provisions)
(No. 2)
18. Section 94(5)-- 1
omit, insert-- 2
`(5) The maximum term of imprisonment that a court may order in 3
default of payment of a penalty imposed under this Act is 1 year.'. 4
19. Section 103(1)-- 5
omit `a Judge thereof', insert `a District Court or Supreme Court Judge'. 6
20. Section 109(2)-- 7
omit `derogating from the foregoing provisions', 8
insert `limiting subsection (1)'. 9
21. Section 111(3)-- 10
omit, insert-- 11
`(3) The provisions of this section are in addition to the provisions of 12
section 220 of the Corporations Law.'. 13
14
Explanatory note
15
Statutory instruments to be subordinate legislation
16
Amendment 15 recasts subsection 85(2) of the Act to provide that an order made
17
under section 85(1) is subordinate legislation. This will result in the order being
18
tabled in, and subject to disallowance by, the Legislative Assembly.
19
Amendment 14 is consequential on amendment 15.
20
Consequential amendments
21
Amendments 17 and 18 make amendments consequential on the Penalties and
22
Sentences Bill 1992.
23
Statute law revision
24
The remaining amendments make amendments by way of statute revision.
27
Statute Law (Miscellaneous Provisions)
(No. 2)
FISHING INDUSTRY ORGANIZATION AND 1
´
MARKETING ACT 1982 2
Amendments 3
1. Section 1-- 4
omit `organization', insert `organisation'. 5
2. Section 6(1) (definition "fish")-- 6
omit `Order in Council', insert `regulation'. 7
3. Section 7-- 8
omit `Order in Council' (wherever occurring) , insert `regulation'. 9
4. Section 45AE-- 10
omit `, by notification published in the Gazette,' (twice occurring). 11
5. Section 45AG-- 12
omit, insert-- 13
`Closed season 14
`45AG. The Governor in Council may, by regulation, declare a closed 15
season in relation to specified Queensland waters.'. 16
6. Section 45AH-- 17
omit, insert-- 18
`Closed waters 19
`45AH. The Governor in Council may, by regulation, declare specified 20
Queensland waters to be closed waters.'. 21
28
Statute Law (Miscellaneous Provisions)
(No. 2)
7. Section 45AHA-- 1
omit `published in the Gazette'. 2
8. Section 45AHA (at the end)-- 3
insert-- 4
`(2) A notification under subsection (1) is subordinate legislation.'. 5
9. Section 87(4)-- 6
omit `Order in Council', insert `regulation'. 7
10. Section 87(6)-- 8
omit `Order in Council', insert `regulation'. 9
11. Section 88(2)-- 10
omit `Order in Council' (wherever occurring), insert `regulation'. 11
12. Section 90(3) (2nd and 3rd sentences)-- 12
omit, insert-- 13
`(3A) An authority under subsection (3) may be given subject to the 14
conditions that the Governor in Council considers appropriate.'. 15
13. Section 90(4)-- 16
omit all words from `generally', insert `by regulation.'. 17
14. Section 110(3)(b)-- 18
omit `by Order in Council'. 19
29
Statute Law (Miscellaneous Provisions)
(No. 2)
15. Section 112(1)-- 1
omit all words from `Order in Council', insert `regulation determines.'. 2
16. Section 117-- 3
omit, insert-- 4
`Exemptions 5
`117. The Governor in Council may, by regulation, exempt a person 6
from this Act or any of the provisions of this Act, subject to any conditions 7
specified in the regulation.'. 8
17. Section 123-- 9
omit `an Order in Council or'. 10
18. Section 131(2)-- 11
omit `, by Order in Council,'. 12
19. Section 132A-- 13
omit. 14
20. After section 133-- 15
insert-- 16
`Existing orders in council 17
`134. An order in council in force under section 6, 7, 45AG, 45AH, 87, 18
88, 112 or 117 immediately before the commencement of this section 19
continues to have effect after the commencement, and may be repealed or 20
amended, as if it were a regulation.'. 21
22
Explanatory note
23
Amendment 1 applies the current spelling convention.
30
Statute Law (Miscellaneous Provisions)
(No. 2)
1
Amendments 2 to 19 rationalise and update provisions relating to statutory
2
instruments made under the Act. Instruments of a legislative nature will in future be
3
made by regulation.
4
Amendment 20 omits a redundant provision.
5
Amendment 21 saves the operation of existing orders in council.
FORESTRY ACT 1959 6
´
Amendments 7
1. Section 25(1)-- 8
omit `by Order in Council', insert `, by regulation,'. 9
2. Section 26(2)(ii)-- 10
omit `Order in Council', insert `regulation'. 11
3. After section 26(2)-- 12
insert-- 13
`(3) Subsection (2) does not apply to a regulation that merely-- 14
(a) sets apart and declares a State Forest and an area of Crown land, 15
or a Timber Reserve, as a State Forest; or 16
(b) sets apart and declares contiguous State Forests as a single State 17
Forest; or 18
(c) divides a State Forest into 2 or more State Forests.'. 19
4. Section 27-- 20
omit, insert-- 21
`Amalgamation etc. of State Forests 22
`27. The Governor in Council may, by regulation-- 23
(a) set apart and declare a State Forest and an area of Crown land, or 24
31
Statute Law (Miscellaneous Provisions)
(No. 2)
a Timber Reserve, as a State Forest; or 1
(b) set apart and declare contiguous State Forests as a single State 2
Forest; or 3
(c) divide a State Forest into State Forests.'. 4
5. Section 28(1)-- 5
omit, insert-- 6
`28.(1) The Governor in Council may, by regulation-- 7
(a) set apart any Crown land as a Timber Reserve; or 8
(b) set apart a Timber Reserve and an area of Crown land as a 9
Timber Reserve; or 10
(c) set apart contiguous Timber Reserves as a single Timber 11
Reserve.'. 12
6. Section 28(4)-- 13
omit `by Order in Council', insert `, by regulation,'. 14
7. Section 28(5)-- 15
omit. 16
8. Section 32-- 17
omit `by Proclamation', insert `, by regulation,'. 18
9. Section 34A-- 19
omit `Order in Council', insert `regulation'. 20
10. Section 99-- 21
omit. 22
32
Statute Law (Miscellaneous Provisions)
(No. 2)
11. After section 102-- 1
insert-- 2
`Existing orders in council 3
`103.(1) An order in council in force under section 25, 27, 28 or 34A 4
immediately before the commencement of this section continues to have 5
effect after the commencement, and may be repealed or amended as if it 6
were a regulation. 7
`(2) Without limiting subsection (1), but despite section 26(2), an order 8
in council setting apart and declaring a State Forest may be repealed by a 9
regulation without the resolution of the Legislative Assembly if the area of 10
land comprising the State Forest is set apart and declared as a State Forest 11
under the regulation.'. 12
13
Explanatory note
14
Amendments 1 to 9 implement current drafting practice by providing that the
15
statutory instruments to be used for the purposes of the Act are regulations.
16
Amendment 3 also makes it clear that a resolution of the Legislative Assembly is not
17
required when a regulation is made declaring additional land to be part of a State
18
Forest or amalgamating or dividing State Forests.
19
Amendment 10 omits a redundant provision.
20
Amendment 11 saves the operation of existing orders in council.
URULMUNDI SECURE LANDFILL AGREEMENT 21
´G
ACT 1992 22
Amendment 23
1. Section 8-- 24
omit, insert-- 25
`By-laws are subordinate legislation 26
`8. By-laws under this Act are subordinate legislation.'. 27
33
Statute Law (Miscellaneous Provisions)
(No. 2)
1
Explanatory note
2
This amendment is consequential on the enactment of the Statutory Instruments Act
3
1992. As a result of the amendment, by-laws will continue to be subject to tabling
4
and disallowance.
HARBOURS ACT 1955 5
´
Amendments 6
1. After section 81(4)-- 7
insert-- 8
`(5) An order in council under this section is not subordinate legislation.'. 9
2. Section 91 (heading)-- 10
omit `by special Act or Order in Council'. 11
3. Section 91(2)(a)-- 12
omit `from time to time, by Order in Council published in the Gazette,'. 13
4. Section 91(2)(aa)-- 14
omit `Order in Council', insert `authority'. 15
5. Section 91(2)(c)-- 16
omit all words from `and set out in the Order in Council' to `fixed for 17
different terms and conditions'. 18
6. Section 92 (heading)-- 19
omit `Order in Council authorizing reclamation', 20
insert `authority to reclaim'. 21
34
Statute Law (Miscellaneous Provisions)
(No. 2)
7. Section 92(1)-- 1
omit `Order in Council' (1st occurring), insert `authority'. 2
8. Section 92(1)-- 3
omit `under and for the purpose of that Order in Council'. 4
9. Section 93-- 5
omit `Order in Council to authorize reclamations of', 6
insert `authority to reclaim'. 7
10. Section 136A(1)-- 8
omit `by Order in Council'. 9
11. Section 136A(3)-- 10
omit `by Order in Council'. 11
12. Section 136A(4) and (5)-- 12
omit, insert-- 13
`(4) An agreement, or a variation of an agreement, under this section 14
takes effect from the day of its approval by the Governor in Council or, if a 15
later day is specified in the agreement or variation, the later day.'. 16
13. After section 142(4)-- 17
insert-- 18
`(5) An order in council under this section is not subordinate legislation.'. 19
14. After section 166(6)-- 20
insert-- 21
35
Statute Law (Miscellaneous Provisions)
(No. 2)
`(7) This section does not apply to an order in council under section 81, 1
142 or 195.'. 2
15. Section 195 (1st sentence)-- 3
number as subsection (1). 4
16. Section 195 (2nd sentence)-- 5
number as subsection (2). 6
17. After section 195-- 7
insert-- 8
`(3) An order in council under this section is not subordinate legislation.'. 9
10
Commencement
11
Amendments 2 to 9 commence on a day to be fixed by proclamation.
12
Explanatory note
13
Amendments 1 and 13 to 17 provide that an order in council vesting Crown land in,
14
or divesting Crown land from, a Harbour Board or the Harbours Corporation, is not
15
subordinate legislation.
16
Amendments 2 to 12 remove the requirement for a statutory instrument in relation to
17
authorities to reclaim land and agreements in relation to payments instead of harbour
18
dues.
JUDICIAL REVIEW ACT 1991 19
´
Amendments 20
1. Section 34-- 21
omit, insert-- 22
36
Statute Law (Miscellaneous Provisions)
(No. 2)
`Content of statement 1
`34. The statement must contain the reasons for the decision.'. 2
2. Schedule 2, clause 9(c)-- 3
omit, insert-- 4
`(c) an appeal against a police officer's promotion or selection for the 5
temporary performance of duties.'. 6
3. Schedule 4, rule 5(a)-- 7
omit `rule 2 or 3', insert `rule 2 or 4'. 8
4. Schedule 4, rule 7(b)(ii)(A) (after `findings')-- 9
insert `on material questions'. 10
11
Explanatory note
12
Clarification of provision
13
Amendment 2 adds the words `a police officer's' to the existing paragraph to make it
14
clear that reasons are not required only in relation to appeals against a promotion of
15
the type mentioned in clause 9(a) or a selection for the temporary performance of
16
duties mentioned in clause 9(b)(ii). These decisions relate only to police officers.
17
Statute law revision
18
Amendment 1 recasts the provision for the sake of greater clarity and to avoid
19
possible overlap with the definition `reasons' in section 3 of the Act.
20
Amendments 3 and 4 correct minor errors.
JUSTICES OF THE PEACE AND COMMISSIONERS 21
´
FOR DECLARATIONS ACT 1991 22
Amendments 23
1. Section 3.05(6)(a)-- 24
37
Statute Law (Miscellaneous Provisions)
(No. 2)
omit, insert-- 1
`(a) a justice of the peace or a commissioner for declarations; or'. 2
2. Section 3.16(4) (Table)-- 3
omit ` "J.P. (Q)" ', insert ` "J.P. (Qual.)" '. 4
3. After section 6.05-- 5
insert-- 6
`Validation of oaths and affirmations 7
`6.06 To remove any doubt, it is declared that the oath or affirmation 8
mentioned in section 3.05 (5) could be taken before a justice of the peace 9
from the commencement of the subsection.'. 10
11
Explanatory note
12
JPs can swear in commissioners for declarations
13
Amendment 1 makes it clear that the oath or affirmation that must be made before a
14
commissioner for declarations can perform the functions of that office can be taken
15
or made before a justice of the peace. Amendment 3 validates any oaths or
16
affirmations that were made before a justice of the peace before amendment 1 takes
17
effect.
18
Clarification of meaning of abbreviation
19
Amendment 2 removes any suggestion that the omitted abbreviation, read by itself,
20
might stand for Justice of the Peace (Queensland).
AND ACT 1962 21
´L
Amendments 22
1. Section 339-- 23
omit, insert-- 24
38
Statute Law (Miscellaneous Provisions)
(No. 2)
`By-laws 1
`339.(1) The trustees of land granted in trust or of a reserve may make 2
by-laws for the following purposes-- 3
(a) regulating their meetings and the management of trust business; 4
(b) protecting trust property; 5
(c) regulating the use and enjoyment of trust property; 6
(d) imposing fees and charges for the use and enjoyment of trust 7
property; 8
(e) imposing a penalty of not more than 100 penalty units for a 9
contravention of a by-law; 10
(f) defining the powers and duties of authorised officers; 11
(g) generally, for carrying out the objects and purposes of the trust. 12
`(2) A by-law may declare that specified land is a public place for the 13
purposes of an Act-- 14
(a) that confers on a police officer a power in relation to a public 15
place; or 16
(b) that provides for an offence committed in a public place. 17
`(3) The land must be specified with reasonable certainty. 18
`(4) If the land is not a public place, the land becomes a public place in 19
accordance with the terms of the declaration. 20
`(5) If the trustee of a reserve is a local authority, the local authority may 21
make by-laws under this Act or another Act under which it is authorised to 22
make by-laws for the purpose of the management of the reserve. 23
`(6) A by-law made under this section-- 24
(a) must be approved by the Governor in Council; and 25
(b) is subordinate legislation. 26
`(7) In this section-- 27
"by-law", in relation to the Brisbane City Council, includes ordinance; 28
"trust property" includes a property placed under the control of trustees.'. 29
39
Statute Law (Miscellaneous Provisions)
(No. 2)
2. Section 383A-- 1
omit, insert-- 2
`Fees 3
`383A.(1) A regulation may be made with respect to fees to be paid in 4
relation to matters and proceedings in the Land Court or the Land Appeal 5
Court and the purposes and documents in relation to which the fees are 6
payable, whether the matters and proceedings concern the jurisdiction 7
conferred by this Act or another Act. 8
`(2) An order in council in force under this section immediately before 9
the commencement of this subsection continues to have effect after the 10
commencement, and may be repealed or amended as if it were a 11
regulation.'. 12
13
Explanatory note
14
Statutory instruments to be subordinate legislation
15
Amendments 1 and 2 recast the provisions in accordance with current drafting
16
practice and provide that the statutory instruments made under the provisions are
17
subordinate legislation. This will result in the instruments being tabled in, and
18
subject to disallowance by, the Legislative Assembly.
AW REFORM COMMISSION ACT 1968 19
´L
Amendments 20
1. Section 4(1)(b)-- 21
omit, insert-- 22
`(b) be appointed by the Governor in Council by Gazette notice-- 23
(i) in the case of the holder of judicial office--for a term fixed 24
by the Governor in Council; and 25
(ii) in any other case--for a term of not more than 3 years fixed 26
by the Governor in Council. 27
`(1A) A member holds office on the terms not provided for by this Act 28
40
Statute Law (Miscellaneous Provisions)
(No. 2)
as are determined by the Governor in Council.'. 1
2. Section 4(3) and (4)-- 2
omit, insert-- 3
`(3) The Public Service Management and Employment Act 1988 does not 4
apply to the appointment or duties of a person as a member. 5
`(4) An officer of the public service who is appointed as a member may 6
hold the appointment in conjunction with the public service office held by 7
the officer.'. 8
3. Section 7(1)(c)-- 9
omit `The Mental Health Acts 1962 to 1964', 10
insert `the Mental Health Act 1974'. 11
4. Section 7(1)(d)-- 12
omit, insert-- 13
`(d) the member is convicted of an indictable offence punishable by 14
imprisonment of at least 1 year; or'. 15
5. Section 7(2)-- 16
omit. 17
6. Section 11(2)-- 18
omit `mutatis mutandis', insert `with necessary changes'. 19
7. Section 14-- 20
omit, insert-- 21
41
Statute Law (Miscellaneous Provisions)
(No. 2)
`Secretary and other staff 1
`14. The secretary and other staff of the Commission are to be appointed 2
under the Public Service Management and Employment Act 1988.'. 3
4
Explanatory note
5
Terms and conditions of Law Reform Commissioners
6
Amendment 1 allows the Governor in Council to determine the terms of appointment
7
of members of the Law Reform Commission as and when required.
8
Statute law revision
9
The remaining amendments effect statute law revision by updating and recasting
10
provisions and replacing a Latin term with its English equivalent.
LEGISLATIVE STANDARDS ACT 1992 11
´
Amendments 12
1. Section 4(5)(e)(ii)-- 13
omit, insert-- 14
`(ii) if authorised by an Act.'. 15
2. Section 7(f)-- 16
omit, insert-- 17
`(f) draft, on request, other instruments for use in or in connection 18
with the Legislative Assembly (whether or not in relation to a Bill 19
or amendment); and'. 20
3. Section 20 (after `staff')-- 21
insert `or another officer of, or person employed in, the public service'. 22
23
Explanatory note
24
Amendment 1 amends the provision relating to subdelegation of legislative power to
42
Statute Law (Miscellaneous Provisions)
(No. 2)
1
cover cases where subdelegation is authorised not by the Act itself, but by another
2
Act or the Act itself and another Act (eg. the Statutory Instruments Act 1992).
3
Amendment 2 clarifies the Office's role in relation to the drafting of instruments that
4
are not subordinate legislation, but are for use in connection with the Legislative
5
Assembly. The amendment may, for example, assist in clarifying the Office's role in
6
relation to the drafting of certain documents necessary to enable a new Parliament to
7
be formed.
8
Amendment 3 clarifies the Parliamentary Counsel's power to delegate. The
9
amendment will, for example, put beyond doubt the Parliamentary Counsel's power
10
to delegate powers to officers of the department to which the Office of the
11
Queensland Parliamentary Counsel is attached who are providing support services to
12
the Office.
INERAL RESOURCES ACT 1989 13
´M
Amendments 14
1. Section 2.1-- 15
omit `from time to time by Order in Council', insert `, by regulation'. 16
2. Section 4.6(2)(b)-- 17
omit `Order in Council', insert `regulation'. 18
3. Section 4.57(1)-- 19
omit `from time to time as he thinks fit, by Order in Council', 20
insert `by regulation,'. 21
4. Section 4.57(2)-- 22
omit, insert-- 23
`(2) A person purporting to act under a mining claim to which a 24
declaration under subsection (1) applies must comply with the declaration.'. 25
43
Statute Law (Miscellaneous Provisions)
(No. 2)
5. Section 4.57(3)-- 1
omit `Order in Council', insert `regulation'. 2
6. Section 4.58-- 3
omit `, from time to time as he thinks fit, by Order in Council,', 4
insert `by regulation'. 5
7. Section 4.59-- 6
omit, insert-- 7
`Mining registrar may authorise use of prohibited machinery for 8
purposes other than mining etc. 9
`4.59(1) Despite section 4.58, the mining registrar may authorise the use 10
of prohibited machinery for purposes other than prospecting, exploring or 11
mining in, on or under land the subject of a mining claim within an area 12
specified in a declaration under that section. 13
`(2) In subsection (1)-- 14
"prohibited machinery" means machinery, mechanical devices and other 15
equipment specified in the declaration under section 4.58.'. 16
8. Section 4.60-- 17
omit all words from `in an Order in Council' to `in the Order in Council', 18
insert `by a declaration under section 4.58 in, on or under land the subject 19
of a mining claim within an area specified in the declaration.'. 20
9. Section 7.45(2)(b)-- 21
omit, insert-- 22
`(b) in a defined area of the State declared by regulation, by a method 23
detailed in the regulation; or'. 24
44
Statute Law (Miscellaneous Provisions)
(No. 2)
10. Section 10.9(1)-- 1
omit `from time to time may by Order in Council', insert `may'. 2
11. Section 10.24(2)-- 3
omit, insert-- 4
`(2) The Governor in Council may make rules of court for the purpose of 5
regulating practice and procedure in the Wardens Court.'. 6
12. Section 11.5-- 7
omit, insert-- 8
`Restriction on grants etc. 9
`11.5 The Governor in Council may, by regulation-- 10
(a) prohibit the grant, or applications for the grant, of prospecting 11
permits, mining claims, exploration permits, mineral 12
development licences or mining leases; or 13
(b) determine that a prospecting permit, mining claim, exploration 14
permit, mineral development licence or mining lease must not be 15
granted over an area that exceeds a specified area; or 16
(c) provide that a single person must not, at any time, be the holder 17
(whether alone or with others) of more than a specified number 18
of exploration permits, mineral development licences or mining 19
leases; or 20
(d) provide that a single person must not, at any time, be the holder 21
(whether alone or with others) of-- 22
(i) mining leases the aggregate area of which exceeds a 23
specified area; or 24
(ii) mineral development licences the aggregate area of which 25
exceeds a specified area; or 26
(iii) exploration permits the aggregate area of which exceeds a 27
specified area; or 28
(e) determine that an application for the grant of a prospecting permit, 29
45
Statute Law (Miscellaneous Provisions)
(No. 2)
mining claim, exploration permit, mineral development licence or 1
mining lease is to be referred to a specified Commonwealth 2
Government department, local authority or statutory body, 3
seeking its views on the application.'. 4
13. Section 11.32-- 5
omit, insert-- 6
`Existing orders in council and rules of court 7
`11.32(1) An order in council in force under section 2.1, 4.6, 4.57, 4.58, 8
4.60, 7.45 or 11.5 immediately before the commencement of this section 9
continues to have effect after the commencement, and may be repealed or 10
amended as if it were a regulation. 11
`(2) Rules of court in force under section 10.24 immediately before the 12
commencement of this section continue to have effect after the 13
commencement, and may be repealed and amended, as if they had been 14
made under that section immediately after that commencement. 15
14. Schedule 2, clause 19-- 16
omit. 17
18
Explanatory note
19
Amendments 1 to 12 implement current drafting practice by providing that the
20
statutory instruments to be used for the purposes of the Act are regulations or rules of
21
court.
22
Amendment 13 saves the operation of existing orders in council.
23
Amendment 14 omits a redundant provision.
OTOR VEHICLES CONTROL ACT 1975 24
´M
Amendments 25
1. Section 4 (definition "Local Authority")-- 26
46
Statute Law (Miscellaneous Provisions)
(No. 2)
omit. 1
2. Section 4 (definition "Public place", paragraph (c))-- 2
omit, insert-- 3
`(c) a place that is declared under section 25 not to be a public place;'. 4
3. Section 6 (paragraph (c))-- 5
omit, insert-- 6
`(c) a vehicle of a type that is declared under section 25 to be a type of 7
vehicle to which this Part does not apply.'. 8
4. Section 18-- 9
omit `Order in Council', insert `regulation'. 10
5. Section 19-- 11
omit `Order in Council' (wherever occurring), insert `regulation'. 12
6. Section 20(1)-- 13
omit `Order in Council' (wherever occurring), insert `regulation'. 14
7. Section 20(2)-- 15
omit `Order', insert `regulation'. 16
8. Section 25-- 17
omit, insert-- 18
`Declarations in relation to public places and exempt vehicles 19
`25.(1) The Governor in Council may, by regulation, declare that a 20
specified place is, or is not, a public place for the purposes of this Act. 21
47
Statute Law (Miscellaneous Provisions)
(No. 2)
`(2) The Minister may, by Gazette notice, declare that a specified place is 1
not a public place for the purposes of this Act. 2
`(3) A declaration under subsection (2) may operate for a specified 3
period not longer than 3 days. 4
`(4) The Governor in Council may, by regulation, declare that Part 2 does 5
not apply to-- 6
(a) a specified type of vehicle; or 7
(b) any vehicle other than a specified type of vehicle.'. 8
9. Section 38(2) and (3)-- 9
omit. 10
10. After section 38-- 11
insert-- 12
`Existing orders in council 13
`39. An order in council in force under section 6(c), 18 or 25 14
immediately before the commencement of this section continues to have 15
effect after the commencement, and may be repealed or amended, as if it 16
were a regulation.'. 17
11. Part 7-- 18
omit. 19
20
Explanatory note
21
"Local authority" defined elsewhere
22
Amendment 1 omits a definition that is defined in the Acts Interpretation Act 1954.
23
Current drafting practice
24
Amendments 2 to 8 implement current drafting practice by providing that the
25
statutory instruments to be used for the purposes of the Act are regulations.
26
Amendment 9 omits matters that are dealt with in the Acts Interpretation Act 1954.
48
Statute Law (Miscellaneous Provisions)
(No. 2)
1
Amendment 10 saves the operation of existing orders in council.
2
Amendment 11 omits a redundant Part of the Act.
ARLIAMENTARY COMMISSIONER ACT 1974 3
´P
Amendments 4
1. Long title-- 5
omit `Government Departments and Authorities', insert `agencies'. 6
2. Section 4-- 7
omit, insert-- 8
`Interpretation 9
`4.(1) In this Act-- 10
"administrative action" means any action relating to a matter of 11
administration, and includes-- 12
(a) a decision and an act; and 13
(b) the failure to make a decision or do an act (including the failure to 14
provide a written statement of reasons in relation to a decision); 15
and 16
(c) the formulation of a proposal or intention; and 17
(d) the making of a recommendation (including a recommendation 18
made to a Minister); 19
"agency" means-- 20
(a) a department; or 21
(b) a local authority; or 22
(c) a public authority; or 23
(d) a person or body declared by regulation to be an agency; 24
but does not include a person or body declared by regulation not to be 25
an agency; 26
49
Statute Law (Miscellaneous Provisions)
(No. 2)
"appropriate agency", in relation to an investigation, means the agency 1
by, in which or on behalf of which the administrative action that is the 2
subject of investigation was taken; 3
"Commissioner" means the Parliamentary Commissioner for 4
Administrative Investigations; 5
"enactment" means an Act or subordinate legislation; 6
"function" includes a power; 7
"officer", in relation to an agency, includes-- 8
(a) the agency's principal officer; and 9
(b) a member of the agency; and 10
(c) a member of the agency's staff; and 11
(d) a person employed by or for the agency; 12
"officer of the Commissioner" has the meaning given by section 10(1); 13
"person aggrieved", in relation to a complaint, means the person or body 14
of persons (whether incorporated or unincorporated) that appears from 15
the complaint to be the person or body directly affected by the 16
administrative action to which the complaint relates; 17
"principal officer" means-- 18
(a) in relation to a department--the chief executive of the department; 19
or 20
(b) in relation to a local authority--the chairperson or mayor 21
(however described) of the authority; or 22
(c) in relation to an agency for which a regulation declares an officer 23
to be the principal officer--the holder of the office; or 24
(d) in relation to another agency-- 25
(i) if it is an incorporated body that has no members--the 26
person who manages the body's affairs; or 27
(ii) if it is a body (whether or not incorporated) that is 28
constituted by 1 person--the person; or 29
(iii) if it is a body (whether or not incorporated) that is 30
50
Statute Law (Miscellaneous Provisions)
(No. 2)
constituted by 2 or more persons--the person who is 1
entitled to preside at a meeting of the body at which the 2
person is present; 3
"public authority" has the same meaning as in the Freedom of 4
Information Act 1992; 5
"responsible Minister"-- 6
(a) in relation to a department, local authority or public 7
authority--has the same meaning as in the Freedom of 8
Information Act 1992; or 9
(b) in relation to any other agency--means the Minister declared by 10
regulation to be the responsible Minister in relation to the agency; 11
"tribunal" includes the person constituting a tribunal consisting of a single 12
person. 13
`(2) In this Act, a reference to an agency includes a reference to a body 14
that-- 15
(a) forms part of the agency; or 16
(b) exists mainly for the purpose of enabling the agency to perform 17
its functions.'. 18
3. Section 5(8)-- 19
omit `Section 25', insert `Section 25(1)(b)'. 20
4. Section 7(5)-- 21
omit `Public Service Act 1922-1973', 22
insert `Public Service Management and Employment Act 1988'. 23
5. Section 7(6)-- 24
omit. 25
51
Statute Law (Miscellaneous Provisions)
(No. 2)
6. Section 7(7)-- 1
omit `and who immediately before his appointment as the Commissioner 2
was not an officer of the Public Service'. 3
7. Section 7(7)-- 4
omit `after consideration of a report by the Treasurer'. 5
8. Section 8(4)-- 6
omit `Public Service Act 1922-1973', 7
insert `Public Service Management and Employment Act 1988'. 8
9. Section 10(2)-- 9
omit `Public Service Act 1922-1973', 10
insert `Public Service Management and Employment Act 1988'. 11
10. Section 10(12)-- 12
omit `Public Service Act 1922-1973' (1st occurring), 13
insert `Public Service Management and Employment Act 1988'. 14
11. Section 10(12)(c)-- 15
omit `within the meaning of the Public Service Act 1922-1973', 16
insert `of the public service'. 17
12. Section 10(13)-- 18
omit `Public Service Board', 19
insert `Public Sector Management Commission or, if another person or 20
body is prescribed by regulation, that person or body'. 21
52
Statute Law (Miscellaneous Provisions)
(No. 2)
13. Section 11-- 1
omit, insert-- 2
`Delegation 3
`11. The Commissioner may delegate the Commissioner's powers under 4
this Act (other than the power to make a report or recommendation) to an 5
officer of the Commissioner.'. 6
14. Section 12-- 7
omit, insert-- 8
`Agencies subject to investigations 9
`12.(1) This Act applies to all agencies and their officers. 10
`(2) This Act does not apply to a person who is a police officer in the 11
person's capacity as a police officer. 12
`(3) Administrative action by, in or on behalf of an officer of an agency 13
is taken to be administrative action of the agency.'. 14
15. Section 13(1)-- 15
omit `any Government Department or an Authority to which this Act 16
applies', 17
insert `an agency'. 18
16. Section 13(3)-- 19
omit `Her Majesty's', insert `the royal'. 20
17. Section 13(7) to (10)-- 21
omit, insert-- 22
`(7) The powers of the Commissioner under this Act may be exercised 23
in relation to administrative action of an agency even though the action was 24
taken on behalf of, or in the exercise of functions conferred on, an authority 25
or body that is not an agency. 26
53
Statute Law (Miscellaneous Provisions)
(No. 2)
`(8) However, the Commissioner is not authorised or required to 1
question the merits of a decision taken by an authority or body that is not an 2
agency. 3
`(9) If administrative action of an authority or body that is not an agency 4
is taken under functions conferred on, or instructions given by, an agency, 5
the action is taken, for the purposes of this Act, to be the action of the 6
agency. 7
`(10) The Commissioner may investigate administrative action despite a 8
provision in an enactment to the effect that action of that kind is final or 9
must not be appealed against, challenged, reviewed, quashed or called in 10
question. 11
`(11) The Commissioner may investigate administrative action taken 12
before the commencement of this Act.'. 13
18. Section 18(1)-- 14
omit `a Government Department or an Authority he', 15
insert `an agency, the Commissioner'. 16
19. Section 18(4)-- 17
omit `any Government Department or Authority to which this Act 18
applies he', 19
insert `an agency, the Commissioner'. 20
20. Section 18(5) and (6)-- 21
omit `of the Crown' (wherever occurring). 22
21. Section 18(7)-- 23
omit `any member, officer or employee of any Government Department 24
or Authority to which this Act applies', 25
insert `an officer of an agency'. 26
54
Statute Law (Miscellaneous Provisions)
(No. 2)
22. Section 18(7)(a)-- 1
omit `that Government Department or Authority', insert `the agency'. 2
23. Section 19(2)-- 3
omit `members, officers or employees of any Government Department 4
or Authority to which this Act applies', 5
insert `officers of an agency'. 6
24. Section 19(3)-- 7
omit `The Crown or a Government Department or an Authority to which 8
this Act applies', 9
insert `The State or an agency'. 10
25. Section 20(1)-- 11
omit `Commission', insert `Commissioner'. 12
26. Section 20(1)-- 13
omit `any Government Department or Authority to which this Act 14
applies', 15
insert `an agency'. 16
27. Section 20(2)-- 17
omit `a Government Department or an Authority', 18
insert `an agency'. 19
28. Section 21(2)-- 20
omit `Under Secretary, Premier's Department', 21
insert `chief executive of the department administered by the Premier'. 22
55
Statute Law (Miscellaneous Provisions)
(No. 2)
29. Section 24(2)-- 1
omit `Government Department or Authority'(wherever occurring), 2
insert `agency'. 3
30. Section 24(3) and (4)-- 4
omit `a Government Department or Authority', insert `an agency'. 5
31. Section 27-- 6
omit `Government Department, Authority', insert `agency'. 7
32. Section 28(3)-- 8
omit `a Government Department or an Authority', insert `an agency'. 9
33. Section 28(3)-- 10
omit `that Department or Authority', insert `the agency'. 11
34. Section 30(1)-- 12
omit `one thousand dollars', insert `a fine of 100 penalty units'. 13
35. Section 32-- 14
omit, insert-- 15
`Regulations 16
`32. The Governor in Council may make regulations for the purposes of 17
this Act.'. 18
36. Schedule-- 19
omit. 20
56
Statute Law (Miscellaneous Provisions)
(No. 2)
1
Commencement
2
All amendments of the Parliamentary Commissioner Act 1974 commence on a day to
3
be fixed by proclamation.
4
Explanatory note
5
Agencies
6
The list of Government Departments and Authorities in the Schedule to the Act is
7
considerably out of date. The amendments provide mechanisms to update the
8
agencies to which the Act applies and ensure that they will be kept up-to-date in the
9
future. The amendments take the approach of allowing the Acts Interpretation Act
10
1954 definitions of department and local authority to apply. The amendments also
11
adopt the Freedom of Information Act 1992 definition of public authority. In general
12
terms, under the amendments an agency is a department, local authority or public
13
authority. However, the amendments include power to add persons and bodies to, or
14
exclude persons or bodies from, the Act by regulation. Any regulation would, of
15
course, be subject to tabling and disallowance. A similar power exists in the present
16
Act but is exercised by order in council.
17
Increase in monetary penalty
18
Amendment 34 converts a penalty expressed as a monetary amount to penalty units
19
and increases the penalty to an amount that better reflects the term of imprisonment
20
that may be imposed.
21
Consequential amendments and amendments by way of statute law revision
22
The amendments also include a large number of amendments of a consequential
23
nature or by way of statute law revision. The amendments will enable the Act to be
24
reprinted in a more modern drafting style.
EACE AND GOOD BEHAVIOUR ACT 1982 25
´P
Amendments 26
1. Section 8-- 27
omit `such modifications, if any, as are requisite', 28
insert `any necessary modifications and any modifications prescribed by 29
regulation'. 30
57
Statute Law (Miscellaneous Provisions)
(No. 2)
2. Section 10(1) (penalty)-- 1
omit, insert-- 2
`Maximum penalty--100 penalty units, imprisonment for 1 year or both.'. 3
3. Section 14-- 4
omit, insert-- 5
`Regulations 6
`14. The Governor in Council may make regulations for the purposes of 7
this Act.'. 8
9
Explanatory note
10
Filing fee
11
At present a filing fee is payable for the filing of a complaint under this Act because
12
of the interaction between this Act and the Justices Act 1886. Amendment 1 will
13
enable a regulation to be made to overcome the automatic imposition of a filing fee.
14
Increase in monetary penalty
15
Amendment 2 converts a penalty expressed as a monetary amount to penalty units
16
and increases the penalty to an amount that better reflects the term of imprisonment
17
that may be imposed.
18
Statute law revision
19
Amendment 3 brings the regulation making section of the Act into line with current
20
drafting practice.
LANT PROTECTION ACT 1989 21
´P
Amendment 22
1. After section 6-- 23
insert-- 24
`Delegation 25
`6A. The Minister may delegate the Minister's power under section 6 to 26
58
Statute Law (Miscellaneous Provisions)
(No. 2)
the chief executive of the department.'. 1
2
Explanatory note
3
Delegation
4
Amendment 1 gives a power of delegation to the Minister.
RIMARY PRODUCERS' ORGANISATION AND 5
´P
MARKETING ACT 1926 6
Amendment 7
1. After section 30F-- 8
insert-- 9
`(13) A prescribed instrument made under subsection (10)(b) is 10
subordinate legislation.'. 11
12
Explanatory note
13
Subordinate legislation
14
This amendment provides that a prescribed instrument made under subsection
15
(10)(b) is subordinate legislation. This will result in the instrument being subject to
16
tabling and disallowance.
QUEENSLAND BUILDING SERVICES AUTHORITY 17
´
ACT 1991 18
Amendments 19
1. Section 4(1) (definition "engineer")-- 20
omit, insert-- 21
` "engineer" means a person who is a registered professional engineer 22
under the Professional Engineers Act 1988;'. 23
59
Statute Law (Miscellaneous Provisions)
(No. 2)
2. Section 91-- 1
omit, insert-- 2
`Registration and enforcement of determinations 3
`91.(1) A person (the "applicant") may register a determination made 4
by the Tribunal in a District Court by filing in a District Court registry-- 5
(a) a copy of the determination certified as true by the chairperson; 6
and 7
(b) the applicant's affidavit deposing to-- 8
(i) service of a certified copy of the determination on the party 9
against whom the determination has been made (the 10
"respondent"); and 11
(ii) noncompliance, or the extent of noncompliance, with the 12
determination by the respondent. 13
`(2) On registration of the determination in the District Court-- 14
(a) the determination has, for the purposes of enforcement, the same 15
force and effect; and 16
(b) proceedings may be taken on the determination; and 17
(c) the amount (if any) for which the determination is registered 18
carries interest; and 19
(d) the District Court has the same control over the enforcement of 20
the determination; 21
as if the determination had been originally given as a judgment of the 22
District Court and entered on the day of registration. 23
`(3) No court fee is payable for filing the determination and affidavit in 24
the District Court registry.'. 25
3. After section 101(4)(c)-- 26
insert-- 27
`(d) if-- 28
(i) a respondent's licence is cancelled or suspended; and 29
60
Statute Law (Miscellaneous Provisions)
(No. 2)
(ii) the sole ground for taking disciplinary action was that the 1
respondent was no longer able to satisfy the prescribed 2
financial requirements for the licence; and 3
(iii) the respondent is not otherwise disqualified from holding 4
another specified licence; 5
an order that the respondent be issued with another specified 6
licence.'. 7
4. After section 101(4)-- 8
insert-- 9
`(5) The Authority may recover an amount ordered by the Tribunal to be 10
imposed as a penalty as a debt due to it.'. 11
5. After section 114-- 12
insert-- 13
`Rules 14
`115.(1) The chairperson of the Tribunal may make rules with respect 15
to-- 16
(a) the practice and procedure in the Tribunal; and 17
(b) the conduct of the business of the Tribunal. 18
`(2) A rule made under subsection (1) is subordinate legislation.'. 19
6. Section 115-- 20
renumber as section 116. 21
22
Explanatory note
23
Definition of "engineer"
24
Amendment 1 updates the cross reference to the Professional Engineers Act 1988 as
25
the present definition refers to a repealed Act.
26
Enforcement of Tribunal determinations
61
Statute Law (Miscellaneous Provisions)
(No. 2)
1
Amendment 2 clarifies the enforcement procedures in relation to determinations
2
made by the Tribunal.
3
Power of Tribunal to substitute one class of licence for another
4
Amendment 3 allows the Tribunal to order that a person who holds one kind of
5
licence be issued with another specified licence if that person can no longer meet
6
the financial requirements placed on a holder of the first licence and is not otherwise
7
disqualified from holding the second licence.
8
Recovery of unpaid penalties
9
Amendment 4 allows the Authority to recover unpaid penalties in the same way an
10
unpaid debt may be recovered.
11
Rule-making power
12
Amendment 5 provides power to the chairperson of the Tribunal to make rules (that
13
are subject to tabling and disallowance) in relation to proceedings before the
14
Tribunal. Amendment 6 is consequential on amendment 5.
RENTAL BOND ACT 1989 15
´
Amendments 16
1. Section 4(1) (definition "residential premises", paragraph (c))-- 17
omit `Order in Council', insert `regulation'. 18
2. Section 6-- 19
omit, insert-- 20
`Act's application in declared areas 21
`6. A regulation may-- 22
(a) declare a specified area of the State to be a declared area; and 23
(b) declare that this Act, or a specified provision of this Act, does not 24
apply to residential premises in the area.'. 25
3. Section 6B-- 26
omit, insert-- 27
62
Statute Law (Miscellaneous Provisions)
(No. 2)
`Exemption from operation of Act 1
`6B. A regulation may exempt a person from this Act, or a specified 2
provision of this Act, subject to any specified conditions.'. 3
4. Section 56A-- 4
omit. 5
5. Part 8-- 6
omit, insert-- 7
`PART 8--SAVINGS AND TRANSITIONAL 8
`Existing orders in council 9
`57. An order in council in force under section 6 or 6B immediately 10
before the commencement of this section continues to have effect after the 11
commencement, and may be repealed or amended as if it were a 12
regulation.'. 13
14
Explanatory note
15
Use of regulations
16
Amendments 1 to 4 implement current drafting practice by providing that the
17
statutory instruments to be used for the purposes of the Act are regulations.
18
Amendment 5 saves the operation of existing orders in council.
REPRINTS ACT 1992 19
´
Amendments 20
1. Section 5(c) (after `that commenced')-- 21
insert `on or'. 22
63
Statute Law (Miscellaneous Provisions)
(No. 2)
2. After section 23-- 1
insert-- 2
`Replacement of body etc. 3
`23A.(1) If-- 4
(a) reference is made in a law to a body, office, person, place or other 5
thing (the "first thing"); and 6
(b) the first thing has been replaced, either generally or in a relevant 7
respect, by another body, office, person, place or other thing (the 8
"second thing"); 9
the reference may be given using the second thing. 10
`(2) Subsection (1) has effect according to its tenor, and has that effect 11
despite section 35 of the Acts Interpretation Act 1954. 12
`(3) If a law provides that reference to a body, office, person, place or 13
other thing (the "first thing") is a reference to another body, office, person, 14
place or other thing (the "second thing"), the first thing is taken to have 15
been replaced by the second thing in all appropriate contexts. 16
`(4) In subsection (3)-- 17
"law" includes a law of the Commonwealth, another State, a Territory or a 18
foreign country.'. 19
3. Section 29 (after Example 18)-- 20
insert-- 21
`Example 19 (preferred expressions)--In the following table, an expression 22
in column 1 may be replaced, in appropriate contexts, by a 23
corresponding bolded expression in column 2 or another 24
expression more suitable in the context. 25
TABLE 26
Column 1 Column 2 27
as a result because 28
by reason because 29
64
Statute Law (Miscellaneous Provisions)
(No. 2)
by reason only merely because 1
by virtue of under 2
firstmentioned first 3
forthwith immediately 4
hereby then 5
in accordance with under 6
in lieu instead 7
notwithstanding despite, even though or even if 8
pursuant to under 9
save other than 10
save as prescribed by subject to 11
thereafter afterwards 12
therefrom from it 13
therewith in the 14
whereby under which 15
16
17
`Example 20 (use of `therein')-- 18
`the direction is taken to have the extended time specified in it' 19
may replace 20
`the direction is taken to have the extended time specified therein' 21
`Example 21 (use of `thereto')-- 22
`to bring to the Commission's notice any matter arising before 23
the Review Committee and to make such recommendations with 24
respect to the matter as it considers appropriate' 25
may replace 26
`to bring to the Commission's notice any matter arising before 27
the Review Committee and to make such recommendations with 28
65
Statute Law (Miscellaneous Provisions)
(No. 2)
respect thereto as it considers appropriate'.'. 1
2
Explanatory note
3
Reprint to include amendments to day of reprint
4
Amendment 1 allows amendments of an Act made on the day that the Act is to be
5
reprinted to be included in the reprint.
6
Power to update references
7
Amendment 2 allows for the updating of outdated references.
8
Use of contemporary expressions in reprint
9
Amendment 3 clarifies further the scope of section 29 of the Act by providing other
10
examples of its operation in relation to outdated expressions.
ETIREMENT VILLAGES ACT 1988 11
´R
Amendments 12
1. Section 12-- 13
omit, insert-- 14
`Exemptions 15
`12.(1) The Governor in Council may, whether or not an application has 16
been made under section 11, declare, by regulation-- 17
(a) that an organisation of a kind mentioned in section 11(2) is an 18
exempt organisation; or 19
(b) that a retirement village is an exempt retirement village. 20
`(2) An exemption under subsection (1)-- 21
(a) may be unconditional or subject to conditions; or 22
(b) may be for a limited or unlimited time; or 23
(c) may be an exemption from the application of all or specified 24
provisions of this Act.'. 25
66
Statute Law (Miscellaneous Provisions)
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2. Section 13-- 1
omit, insert-- 2
`Withdrawal or variation of exemption 3
`13.(1) In this section-- 4
"exempt organisation" means an organisation named in a declaration 5
under section 12; 6
"exempt retirement village" means a retirement village named in a 7
declaration under section 12. 8
`(2) The Minister may, by written notice, call on-- 9
(a) an organisation that is an exempt organisation; or 10
(b) a person who operates or proposes to operate an exempt 11
retirement village; 12
on a specified day and at a specified time and place to show cause why the 13
exemption should not be withdrawn or varied. 14
`(3) If the person or body does not show cause to the satisfaction of the 15
Minister, the Governor in Council may, by regulation, withdraw the 16
exemption or vary the terms of the exemption.'. 17
3. After section 60-- 18
insert-- 19
`Existing orders in council 20
`61. An order in council in force under section 12 or 13 immediately 21
before the commencement of this section continues to have effect after the 22
commencement, and may be repealed or amended as if it were a 23
regulation.'. 24
25
Explanatory note
26
Use of regulations
27
Amendments 1 and 2 recast the provisions and implement current drafting practice
28
by providing that the statutory instruments to be used for the purposes of the Act are
29
regulations.
67
Statute Law (Miscellaneous Provisions)
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1
Amendment 3 is a savings provision consequential on amendments 1 and 2.
URAL TRAINING SCHOOLS ACT 1965 2
´R
Amendments 3
1. Section 3(1) (definitions "Financial Year" and "Local Authority")-- 4
omit. 5
2. Section 9(1)(g)-- 6
omit, insert-- 7
`(g) to make, with the approval of the Minister, rules with respect to-- 8
(i) fees and charges to be paid in relation to students enrolled or 9
to be enrolled at the school; and 10
(ii) the management and control of the school; and 11
(iii) the discipline and conduct of students enrolled at the 12
school;'. 13
3. Section 9(1)(i)-- 14
omit, insert-- 15
`(i) to perform, in relation to the school, other functions that are 16
prescribed by regulation.'. 17
4. Sections 39 and 40-- 18
omit, insert-- 19
`Regulations 20
`39.(1) The Governor in Council may make regulations for the purposes 21
of this Act. 22
`(2) A regulation may create offences and prescribe penalties of not more 23
than 2 penalty units for the offences. 24
68
Statute Law (Miscellaneous Provisions)
(No. 2)
`Orders in council 1
`40. An order in council made under this Act is-- 2
(a) subordinate legislation; and 3
(b) an exempt instrument for the purposes of the Legislative 4
Standards Act 1992.'. 5
6
Commencement
7
Amendments 2 and 3 commence on a day to be fixed by proclamation.
8
Explanatory note
9
Provisions relating to statutory instruments
10
Amendments 3 and 4 rationalise and update provisions relating to statutory
11
instruments made under the Act. Instruments of a non-legislative nature will continue
12
to be made by order in council. Orders in council will continue to be subject to
13
tabling and disallowance, but will not be drafted by the Office of the Queensland
14
Parliamentary Counsel. Instruments of a legislative nature will in future be made by
15
regulation.
16
Power of boards to make rules
17
Amendment 2 removes a requirement that rules must first be approved by the
18
Governor in Council before they can be made by the Board. However, ministerial
19
control over the making of the rules remains to ensure that the level of fees is
20
scrutinised. The amendment also clarifies the fee making power and recasts the
21
paragraph.
22
Statute law revision
23
Amendment 1 removes redundant definitions.
EWERAGE AND WATER SUPPLY ACT 1949 24
´S
Amendments 25
1. Long title-- 26
omit, insert-- 27
`An Act to provide standard by-laws for local authorities in relation to 28
sewerage and water supply and to provide for the constitution of 29
69
Statute Law (Miscellaneous Provisions)
(No. 2)
a board for the examination and licensing of plumbers and 1
drainers'. 2
2. Section 2 (2nd sentence)-- 3
omit. 4
3. Section 4 (definitions "Area", "By-law", "Local Authority", 5
"Minister", "Prescribed", "Regulations", "Standard By-laws", 6
"Standard Sewerage By-laws", "Standard Water Supply By-laws" 7
and "This Act")-- 8
omit. 9
4. Section 4-- 10
insert-- 11
` "area" has the same meaning as in the Local Government Act 1936, and 12
includes the area of the City of Brisbane; 13
"by-law" means a by-law or ordinance made by a local authority; 14
"standard by-laws" means the standard sewerage by-laws and the 15
standard water supply by-laws; 16
"standard sewerage by-laws" means the standard sewerage by-laws 17
made under this Act; 18
"standard water supply by-laws" means the standard water supply 19
by-laws made under this Act;'. 20
5. Section 5-- 21
omit, insert-- 22
`Standard by-laws 23
`5.(1) The Governor in Council may make-- 24
(a) standard sewerage by-laws; and 25
(b) standard water supply by-laws. 26
70
Statute Law (Miscellaneous Provisions)
(No. 2)
(2) Standard by-laws may be made with respect to any of the following 1
matters-- 2
(a) the powers of inspectors to enter premises and inspect drainage or 3
plumbing works; 4
(b) the performance of works by, or on behalf of, local authorities 5
and the recovery of reasonable costs in relation to the works; 6
(c) the creation of offences and prescribing of penalties of not more 7
than 40 penalty units for the offences.'. 8
6. Section 6-- 9
omit, insert-- 10
`Operation of standard by-laws 11
`6.(1) The standard by-laws apply to all areas. 12
`(2) The standard by-laws are to be administered in an area by the local 13
authority for the area. 14
`(3) If a by-law of a local authority is inconsistent with a standard 15
by-law, the standard by-law prevails and the by-law of the local authority is 16
invalid to the extent of the inconsistency. 17
`(4) The by-law of the local authority is taken to have been repealed to the 18
extent of the inconsistency.'. 19
7. Section 7(2)(i)-- 20
omit `Queensland Water Resources Commission', 21
insert `the department that deals with matters arising under the Local 22
Government (Planning and Environment) Act 1990;'. 23
8. Section 7(2)(ii)-- 24
omit all words from `Employment, Vocational Education and Training 25
Department', 26
insert `department that deals with matters arising under the Vocational 27
71
Statute Law (Miscellaneous Provisions)
(No. 2)
Education, Training and Employment Act 1991;'. 1
9. Section 7(2)(iii)-- 2
omit all words from `Department of Health', 3
insert `department that deals with matters arising under the Health Act 4
1937'. 5
10. Section 7(2)-- 6
omit all words from `On and from'. 7
11. Section 10-- 8
omit. 9
12. Section 11-- 10
omit, insert-- 11
`Licences 12
`11. A person is entitled to be granted a licence if the person satisfies the 13
Board that the person has the prescribed practical experience and 14
qualifications.'. 15
13. Section 12A-- 16
omit, insert-- 17
`Duration of licence 18
`12A. A licence remains in force for the period prescribed.'. 19
14. Section 13-- 20
omit. 21
72
Statute Law (Miscellaneous Provisions)
(No. 2)
15. Section 14A-- 1
omit `first granted by the Board after the commencement of the 2
Sewerage and Water Supply Act Amendment Act 1982', 3
insert `granted by the Board'. 4
16. Section 16(1)-- 5
omit, insert-- 6
`16.(1) A person must not perform work regulated by the standard by- 7
laws unless the person holds a licence or interim licence that entitles the 8
person to perform the work. 9
Maximum penalty--1 penalty unit.'. 10
17. Section 16(2)(b)-- 11
omit `Industry and Commerce Training Act 1979-1980', 12
insert `Vocational Education, Training and Employment Act 1991'. 13
18. Section 17(2)-- 14
omit `$10', insert `1 penalty unit'. 15
19. Section 18(2)-- 16
omit `$200', insert `4 penalty units'. 17
20. Section 18(2) (2nd sentence)-- 18
omit. 19
21. Section 18(4)(a)-- 20
omit `pursuant to By-law 5 of', insert `under'. 21
73
Statute Law (Miscellaneous Provisions)
(No. 2)
22. Section 18A(1)-- 1
omit, insert-- 2
`18A.(1) A person must not obtain or attempt to obtain a licence or an 3
interim licence by a false statement or misrepresentation. 4
Maximum penalty--4 penalty units.'. 5
23. Section 19(2)(iii) (after `examiners,')-- 6
insert `exemptions from examinations'. 7
24. Section 19(2)(ix)-- 8
omit `$40', insert `1 penalty unit'. 9
25. Section 19(2)(ixa)-- 10
omit `pursuant to By-law 5 of', insert `under'. 11
26. Section 20-- 12
omit, insert-- 13
`Savings and transitional 14
`20.(1) The standard sewerage by-laws in force immediately before the 15
commencement of this section continue to have effect after the 16
commencement, and may be repealed or amended, as if they had been 17
made by by-law under section 5, subject to the following amendment-- 18
by-law 1 is omitted and the following by-law inserted-- 19
`Short title 20
`1. These by-laws may be cited as the Standard Sewerage By-laws 21
1981.'. 22
`(2) The standard water supply by-laws in force immediately before the 23
commencement of this section continue to have effect after the 24
commencement, and may be repealed or amended, as if they had been 25
made by by-law under section 5, subject to the following amendment-- 26
74
Statute Law (Miscellaneous Provisions)
(No. 2)
by-law 1 is omitted and the following by-law inserted-- 1
`Short title 2
`1. These by-laws may be cited as the Standard Water Supply By-laws 3
1949.'.'. 4
27. Schedules 1 to 3-- 5
omit. 6
7
Commencement
8
Amendment 12 commences on a day to be fixed by proclamation.
9
Explanatory note
10
Amendments 5, 14 and 27 omit `Henry VIII' clauses. The standard by-laws will be
11
made by subordinate legislation.
12
Amendment 12 provides that the experience and qualifications required for obtaining
13
a licence are to be prescribed by regulation.
14
Amendment 26 saves the existing orders in council and standard by-laws.
15
The remaining amendments effect statute law revision by omitting redundant or
16
unnecessary provisions and by updating and recasting provisions in accordance with
17
current drafting practice.
OCCER FOOTBALL POOLS ACT 1976 18
´S
Amendment 19
1. Section 11(2)-- 20
omit, insert-- 21
`(2) A rule made under subsection (1) is subordinate legislation.'. 22
23
Explanatory note
24
The amendment implements current drafting practice by providing that soccer
25
football pool rules are subordinate legislation.
75
Statute Law (Miscellaneous Provisions)
(No. 2)
STATUTORY INSTRUMENTS ACT 1992 1
´
Amendments 2
1. After section 7-- 3
insert-- 4
`(3) An instrument is also a statutory instrument if it is made-- 5
(a) under power conferred by an Act or statutory instrument; and 6
(b) also under power conferred otherwise by law. 7
Example-- 8
An instrument made partly under an express or implied statutory power and 9
partly under the Royal Prerogative is a statutory instrument.'. 10
2. After section 20 (in Subdivision A)-- 11
insert-- 12
`Regulation may be used instead of another type of subordinate 13
legislation 14
`20A.(1) If-- 15
(a) an Act authorises or requires the Governor, the Governor in 16
Council, a Minister, an officer of the public service or the holder 17
of a prescribed office established by or under an Act to make 18
provision with respect to a matter by subordinate legislation; and 19
(b) the Act or another Act-- 20
(i) does not specify the type of subordinate legislation to be 21
used; or 22
(ii) specifies that a type of subordinate legislation other than a 23
regulation is to be used; 24
the Governor in Council may make provision with respect to the matter by 25
regulation made under the Act. 26
`(2) Subsection (1) applies even though the Act would not, apart from 27
this section, confer power on the Governor in Council to make a regulation 28
76
Statute Law (Miscellaneous Provisions)
(No. 2)
for the purposes of the Act. 1
Example 1--If an Act provides that provision may be made with respect to 2
a matter by order in council, provision may now be made by 3
regulation. 4
Example 2--If provision has already been made with respect to a matter by 5
order in council, the order in council may be repealed or 6
amended by a regulation.'. 7
3. Section 21(1)-- 8
omit `or statutory instrument', 9
insert `, statutory instrument or law'. 10
4. After section 23-- 11
insert-- 12
`Statutory instrument may make provision in relation to land by 13
reference to map, plan or register 14
`23A.(1) This section applies if an Act authorises or requires provision to 15
be made by statutory instrument in relation to land, whether the expression 16
`declare', `dedicate', `set apart', `specify', or another expression is used. 17
`(2) Provision may be made by reference to-- 18
(a) a map or plan held by a person, department or body; or 19
(b) a particular entry in a register kept by a person, department or 20
body; 21
if the map, plan or register is available for inspection by members of the 22
public. 23
`(3) In this section-- 24
"land" includes Queensland waters.'. 25
77
Statute Law (Miscellaneous Provisions)
(No. 2)
5. Section 34(2)-- 1
omit, insert-- 2
`(2) In this section-- 3
"beneficial provision" means a provision that does not operate to the 4
disadvantage of a person (other than the State, a State authority or a 5
local authority) by-- 6
(a) decreasing the person's rights; or 7
(b) imposing liabilities on the person.'. 8
6. Heading to Subdivision E of Division 3 of Part 4-- 9
relocate to immediately before section 37. 10
11
Explanatory note
12
Instrument made partly under Act or statutory instrument
13
Amendment 1 makes it clear that the concept of `statutory instrument' applies to
14
instruments that are partly made under an Act or statutory instrument and partly
15
under other law eg. the Royal Prerogative.
16
Amendment 3 clarifies the operation of section 21 of the Act (Statutory instruments
17
to be construed not to exceed powers conferred by law under which made) to
18
instruments of this kind.
19
Use of regulations
20
Amendment 2 is a further step in the rationalisation and reduction of the number of
21
different kinds of statutory rules being used under Acts. The amendment will allow,
22
in appropriate cases, for the use of regulations instead of other kinds of statutory
23
instruments. It will also provide a statutory base for the concept that regulations are
24
to be the primary form of subordinate legislation.
25
Describing land
26
Amendment 4 makes it clear that a statutory instrument may make provision in
27
relation to land by describing the land by reference to a particular map, plan or
28
register kept by a person, department or body provided the map, plan or register is
29
kept open for inspection by members of the public.
30
Beneficial provisions
31
Amendment 5 allows a statutory instrument to have retrospective effect if a person or
78
Statute Law (Miscellaneous Provisions)
(No. 2)
1
body (other than the State, a State authority or a local authority) is not
2
disadvantaged. It will no longer be necessary to show that the retrospective effect
3
operates to the positive advantage of a person. The amendment also treats a local
4
authority in the same way as the State or a State authority.
5
Minor correction
6
Amendment 6 corrects the location of a subdivision heading.
SUPREME COURT ACT 1921 7
´
Amendment 8
1. After section 6(3)-- 9
insert-- 10
`(4) An order in council under this section is not subordinate legislation.'. 11
12
Explanatory note
13
Amendment 1 implements current drafting practice by declaring that orders in
14
council under section 6 are not subordinate legislation. The orders in council
15
concerned are essentially of an administrative character.
TRAFFIC ACT 1949 16
´
Amendments 17
1. Section 20(5A)-- 18
omit `Commissioner for Transport', insert `Director-General'. 19
2. Schedule, clause 16A-- 20
omit, insert-- 21
`Regulation of vehicles exceeding prescribed dimensions 22
`16A.(1) Providing for the regulation of movement of-- 23
(a) vehicles that have dimensions that exceed prescribed dimensions; 24
79
Statute Law (Miscellaneous Provisions)
(No. 2)
or 1
(b) vehicles that with their loads exceed prescribed dimensions. 2
`(2) Vehicles mentioned in this clause may be regulated by, for example, 3
imposing conditions and limitations on the movement of the vehicles.'. 4
5
Explanatory note
6
Amendment 1 updates the reference to the relevant public official so as to reflect
7
current administrative arrangements.
8
Amendment 2 clarifies that under clause 16A of the Schedule regulations may apply
9
to a vehicle, or to a vehicle and its load.
ORKPLACE HEALTH AND SAFETY ACT 1989 10
´W
Amendments 11
1. Long title-- 12
omit all words after `certain plant', insert `, and for related purposes'. 13
2. Section 6(1) (definition "Crown")-- 14
omit `notification published in the Industrial Gazette', 15
insert `Gazette notice'. 16
3. Section 6(1) (definition "function")-- 17
omit, insert-- 18
` "function" includes responsibility and power;'. 19
4. Section 6(1) (definition "owner", paragraph (b))-- 20
omit, insert-- 21
`(b) in relation to a workplace or any other premises (other than a 22
project)-- 23
80
Statute Law (Miscellaneous Provisions)
(No. 2)
(i) the person or persons whose property it is (whether jointly 1
or severally); or 2
(ii) a mortgagee in possession; or 3
(iii) a lessee; or'. 4
5. Section 6(1) (definition "project", paragraph (a))-- 5
omit, insert-- 6
`(a) a workplace (other than a ship or floating structure unless the ship 7
or floating structure is in a dock or at a wharf or other place 8
outside of the tidal influence) where any of the following classes 9
of work are carried out--the construction, digging, filling, 10
erection, installation, alteration, repair, maintenance, cleaning, 11
painting, renewal, removal, dismantling or demolition of, or 12
addition to, a building or structure; or'. 13
6. Section 6(5)-- 14
omit. 15
7. Section 8-- 16
omit, insert-- 17
`Act not to apply in certain circumstances 18
`8.(1) The Governor in Council may, by regulation, declare that all or any 19
of the provisions of this Act do not apply in relation to any of the following 20
matters-- 21
(a) a workplace or part of a workplace; 22
(b) premises or part of premises; 23
(c) plant; 24
(d) a substance; 25
(e) a method of work. 26
`(2) The declaration may be made subject to a condition specified in the 27
81
Statute Law (Miscellaneous Provisions)
(No. 2)
regulation. 1
`(3) If-- 2
(a) the declaration is made subject to a condition; and 3
(b) the condition is not complied with in relation to a particular 4
matter; 5
the declaration ceases to have effect in relation to the matter on and from the 6
day of noncompliance.'. 7
8. Section 16-- 8
omit, insert-- 9
`Director may designate projects 10
`16.(1) If the Director is satisfied that work carried on, or proposed to be 11
carried on, at a workplace is, or is likely to be, dangerous for-- 12
(a) employees or other persons involved in the work; or 13
(b) other persons in or near the workplace; 14
the Director may, by notice, designate the workplace to be a project for the 15
purposes of this Act. 16
`(2) A notice under subsection (1) is subordinate legislation.'. 17
9. Section 19(1) (after `may')-- 18
insert `, by notice,'. 19
10. After section 19(2)-- 20
insert-- 21
`(3) A notice under subsection (1) is subordinate legislation.'. 22
11. Section 26-- 23
omit, insert-- 24
82
Statute Law (Miscellaneous Provisions)
(No. 2)
`Duty under this Division is additional to other duties 1
`26. A duty imposed on a person under this Division is in addition to, 2
and not in substitution for, a duty imposed on the person under another 3
provision of this Act.'. 4
12. Section 30-- 5
omit, insert-- 6
`Scene not to be interfered with 7
`30.(1) If-- 8
(a) a person suffers serious bodily injury or a work-related illness; or 9
(b) a dangerous occurrence happens; 10
of a kind that is required to be notified to the Director under section 28 or 11
29, a person must not move or otherwise interfere with any plant or other 12
thing involved in the injury, illness or happening without the prior 13
permission of an inspector or, if an inspector is not available, a police 14
officer. 15
`(2) Subsection (1) does not apply if the movement or interference is 16
necessary-- 17
(a) to save life or relieve suffering; or 18
(b) to prevent damage to property or injury to persons.'. 19
13. Section 34(1) and (3)-- 20
omit `upon the recommendation of the Director'. 21
14. Section 34(4)-- 22
omit, insert-- 23
`(4) An approval or revocation of approval under this section must be by 24
notice. 25
`(4A) A notice mentioned in subsection (4) is subordinate legislation.'. 26
83
Statute Law (Miscellaneous Provisions)
(No. 2)
15. Section 34(6) and (7)-- 1
omit, insert-- 2
`(6) A code of practice or a revised code of practice commences when 3
the relevant approval commences. 4
`(7) A code of practice ceases to have effect when the relevant revocation 5
of approval commences.'. 6
16. Section 38(1)-- 7
omit, insert-- 8
`38.(1) The Council is to consist of 9 members appointed by the 9
Governor in Council.'. 10
17. Section 43(3) (after `(2)')-- 11
insert `or (2A)'. 12
18. Section 45(1)-- 13
omit, insert-- 14
`45.(1) Members of the Workplace Health and Safety Council are to be 15
paid the remuneration and allowances that are approved by the Governor in 16
Council.'. 17
19. Section 57(1)-- 18
omit, insert-- 19
`57.(1) Members of industry workplace health and safety committees are 20
to be paid the remuneration and allowances that are approved by the 21
Governor in Council.'. 22
20. Section 58(1)(b)-- 23
omit, insert-- 24
84
Statute Law (Miscellaneous Provisions)
(No. 2)
`(b) the Minister has determined, by notice, that nomination of a 1
health and safety officer is required from a day fixed by the 2
Minister for a workplace or industry described in the notice;'. 3
21. After section 58(1)-- 4
insert-- 5
`(1A) A notice under subsection (1)(b) is subordinate legislation.'. 6
22. Section 71(1)-- 7
omit, insert-- 8
`71.(1) An employer or principal contractor for a workplace where work 9
is performed for, or under the control of, the employer or principal 10
contractor may establish a health and safety committee for the workplace. 11
`(1A) An employer or principal contractor for a workplace where work 12
is performed for, or under the control of, the employer or principal 13
contractor must-- 14
(a) if required to do so by regulation--establish a health and safety 15
committee for the workplace within the prescribed period; or 16
(b) if requested to do so by a health and safety 17
representative--establish a health and safety committee for the 18
workplace within 1 month after receiving the request.'. 19
23. Section 76-- 20
omit, insert-- 21
`Delegation 22
`76. The Director may delegate the Director's powers under this Act to 23
an officer or employee of the department or another person.'. 24
24. Section 85(1)-- 25
omit `Crown', insert `State'. 26
85
Statute Law (Miscellaneous Provisions)
(No. 2)
25. Section 95(2)(a)-- 1
omit `order in council', insert `the Governor in Council'. 2
26. Section 95(3)-- 3
omit `in the order in council by which the appointment is made', 4
insert `by the Governor in Council'. 5
27. Section 110(2)(a)-- 6
omit, insert-- 7
`(a) must be by way of notice, if it is made on the Director's own 8
initiative; and'. 9
28. After section 110(3)-- 10
insert-- 11
`(4) A notice mentioned in subsection (2)(a) is subordinate legislation.'. 12
29. Section 116(1)-- 13
omit, insert-- 14
`116.(1) Members of boards of reference are to be paid the remuneration 15
and allowances that are approved by the Governor in Council.'. 16
30. Section 126(1)-- 17
omit `Crown', insert `State'. 18
31. Section 134(1)-- 19
omit `notification published in the Industrial Gazette', 20
insert `notice'. 21
86
Statute Law (Miscellaneous Provisions)
(No. 2)
32. After section 134(2)-- 1
insert-- 2
`(3) A notice under subsection (1) is subordinate legislation.'. 3
33. After section 135(9)-- 4
insert-- 5
`(10) A special standard under this section is subordinate legislation.'. 6
34. Section 137(1) to (3A)-- 7
omit, insert-- 8
`137.(1) The Governor in Council may make regulations for the 9
purposes of this Act.'. 10
35. Section 137(4)-- 11
renumber as subsection (2). 12
36. Section 137(2)(q)-- 13
omit, insert-- 14
`(q) may provide for the matters for which charges and fees 15
("charges") are payable for the purposes of this Act, the amounts 16
of charges, the persons who are liable to pay or receive charges, 17
when charges are payable, the waiver of charges and the recovery 18
of unpaid amounts of charges; and 19
(qa) may provide for the matters for which allowances, costs and 20
expenses are payable for the purposes of this Act;'. 21
37. Section 137(2)(t)-- 22
omit, insert-- 23
`(t) may provide for the grant (with or without condition) of permits, 24
87
Statute Law (Miscellaneous Provisions)
(No. 2)
certificates and authorities ("licences") under this Act, 1
prerequisites (including eligibility and educational standards that 2
are to be met by applicants) for the grant of licences, 3
circumstances in which exemptions from meeting prerequisites 4
may be given, and the surrender, transfer, renewal, revocation, 5
cancellation, suspension or endorsement of licences; and'. 6
38. Section 137(2)(w)-- 7
omit, insert-- 8
`(w) may make provision with respect to examinations for persons 9
applying for accreditation; and'. 10
39. Sections 138 and 139-- 11
omit, insert-- 12
`Existing instruments 13
`138.(1) An order in council in force under section 8 immediately before 14
the commencement of this section continues to have effect after the 15
commencement and may be repealed or amended as if it were a regulation. 16
`(2) An instrument in force under section 16, 19(1), 34, 58(1), 134(1) or 17
135 immediately before the commencement of this section continues to 18
have effect after the commencement, and may be amended and repealed as 19
if it were an instrument of the type now specified in the provision. 20
`(3) A regulation in force under this Act immediately before the 21
commencement of this Act, continues to have effect after the 22
commencement, as if it had been made under this Act as in force 23
immediately after the commencement.'. 24
25
Explanatory note
26
Amendment of long title
27
Amendment 1 amends the long title to reflect the present purposes of the Act.
28
Use of regulations
29
Amendment 7 implements current drafting practice by providing that the statutory
88
Statute Law (Miscellaneous Provisions)
(No. 2)
1
instruments to be used for the purposes of the relevant provision are regulations.
2
Subordinate legislation
3
Notices or instruments mentioned in amendments 8, 9, 10, 14, 21, 31, 32, and 33
4
deal with matters that are considered to be sufficiently important to be subject to
5
tabling and disallowance requirements. They have therefore been declared to be
6
subordinate legislation.
7
Publication in the Gazette
8
Amendments 2, 14 and 31 remove a requirement that certain notices be published in
9
the Industrial Gazette. This is partly consequential on notices affected by
10
amendments 14 and 31 being declared to be subordinate legislation.
11
Savings
12
Amendment 39 so far as it inserts a new section continues the effect of existing
13
instruments as if they were instruments of the type now provided for. The new
14
instruments are subordinate legislation.
15
Statute law revision
16
The remaining amendments effect statute law revision by recasting provisions,
17
removing inappropriate recommendation requirements and omitting obsolete or
18
redundant provisions.
89
Statute Law (Miscellaneous Provisions)
(No. 2)
CHEDULE 2 1
¡S
MENDMENTS BY WAY OF STATUTE LAW 2
A
REVISION 3
section 3 4
ILLS OF SALE AND OTHER INSTRUMENTS ACT 5
´B
1955 6
Amendments 7
1. Section 6(1) (definition "Bill of Sale", paragraph (c))-- 8
omit, insert-- 9
`(c) transfers of any ship or a share in any ship that is registered under 10
the Shipping Registration Act 1981 of the Commonwealth;'. 11
2. Section 6(1) (definition "book debts", 2nd paragraph)-- 12
omit. 13
3. Section 6(1) (definition "chattels")-- 14
` "chattels" means-- 15
(a) furniture, goods, chattels and other articles capable of complete 16
transfer by delivery; and 17
(b) fixtures, if separately assigned or charged; and 18
(c) book debts; and 19
(d) trade machinery; 20
but does not include-- 21
(a) chattel interests in real estate, title deeds, negotiable instruments or 22
90
Statute Law (Miscellaneous Provisions)
(No. 2)
choses in action; or 1
(b) fixtures (except trade machinery) when assigned together with a 2
freehold or leasehold interest in any land or building to which 3
they are affixed; or 4
(c) growing crops when assigned with any interest in the land on 5
which they grow; or 6
(d) shares and interests in the stock, funds or securities of-- 7
(i) a Government; or 8
(ii) a Crown corporation or instrumentality or corporation or 9
instrumentality representing the Crown; or 10
(iii) any local authority; or 11
(e) shares and interests in the capital or property of a body corporate; 12
or 13
(f) debentures and interest coupons issued by-- 14
(i) a Government; or 15
(ii) a Crown corporation or instrumentality or corporation or 16
instrumentality representing the Crown; or 17
(iii) a local authority; or 18
(iv) a body corporate; or 19
(g) stock, or wool on the sheep's back.'. 20
4. Section 6(1) (definition "instruments")-- 21
omit, insert-- 22
` "instrument" means-- 23
(a) a bill of sale; or 24
(b) a stock mortgage; or 25
(c) a lien on crops; or 26
(d) a lien on wool; 27
"primary produce" means stock and crops and the derivatives and by- 28
91
Statute Law (Miscellaneous Provisions)
(No. 2)
products of stock including offspring, skins, hides, tallow and wool;'. 1
5. Section 6(1) (definition "trade machinery")-- 2
omit, insert-- 3
` "trade machinery" means machinery used in or attached to any factory, 4
but does not include-- 5
(a) fixed motive powers, including water wheels, steam engines, 6
donkey engines and gas engines, together with boilers and other 7
fixed accessories of the motive powers; and 8
(b) fixed power on machinery, including shafts, wheels, drums and 9
their fixed accessories, which transmit the action of the motive 10
powers to other machinery, whether fixed or loose; and 11
(c) pipes for steam, gas or water in the factory.'. 12
6. Section 6(3) and (4) (Headings)-- 13
omit. 14
7. Section 6(5) (2nd sentence)-- 15
omit, insert-- 16
`(6) For the purposes of subsection (5)-- 17
"hire-purchase agreement" has the same meaning as in the Hire- 18
purchase Act 1959; 19
"owner" has the same meaning as in the Hire-purchase Act 1959.'. 20
8. Heading before section 12--after section 11B (the heading 21
"Renewal of registration of bills of sale")-- 22
omit. 23
92
Statute Law (Miscellaneous Provisions)
(No. 2)
9. Section 12(5)-- 1
omit, `in the column provided therefore'. 2
10. Section 40-- 3
omit `The Hire-purchase Agreement Act 1933 to 1946', 4
insert `the Hire-purchase Act 1959'. 5
11. Schedule 5, clause 2-- 6
omit words from `Parts XI and XII of the Bankruptcy Act ' to `or in 7
substitution therefore;'. 8
insert `Part X Bankruptcy Act 1966 of the Commonwealth.'. 9
12. Schedule 5, (under the heading "Covenants implied in instrument 10
by way of security (other than stock mortgages, liens upon crops and 11
liens on wool)") clause 4-- 12
omit `sections 96 and 108 of the Credit Act 1955-1987', insert `Part 8 of 13
the Credit Act 1987'. 14
15
Explanatory note
16
The amendments effect statute law revision by omitting redundant provisions and
17
updating and recasting provisions and updating references to legislation.
CRIMINAL CODE 18
´
Amendment 19
1. Section 22(4)(b)-- 20
omit `or notify the making of the subordinate legislation in the Gazette'. 21
22
Explanatory note
93
Statute Law (Miscellaneous Provisions)
(No. 2)
1
This amendment corrects a minor drafting error.
IRE SERVICE ACT 1990 2
´F
Amendment 3
1. Section 66(2)(b)-- 4
omit `of the chief executive'. 5
6
Explanatory note
7
This amendment removes redundant words.
AMING MACHINE ACT 1991 8
´G
Amendment 9
1. Section 6.14(3)(b) (1st sentence)-- 10
omit `then'. 11
12
Explanatory note
13
This amendment removes a redundant word.
JUSTICES ACT 1886 14
´
Amendment 15
1. Section 98C(1) (definition "prescribed")-- 16
omit. 17
18
Explanatory note
19
Amendment 1 is consequential on the enactment of the Justice Legislation
94
Statute Law (Miscellaneous Provisions)
(No. 2)
1
(Miscellaneous Provisions) Act 1992. That Act made numerous amendments of the
2
Justices Act 1886 including a revised regulation making power that made redundant
3
(and omitted) the regulation making power previously contained in section 98C.
AND SALES ACT 1984 4
´L
Amendment 5
`1. Section 19(3)-- 6
omit `chief executive of the department', insert `registrar'. 7
8
Explanatory note
9
The amendment corrects a minor drafting error.
EGAL AID ACT 1978 10
´L
Amendments 11
1. Long title-- 12
omit `to amend the Legal Assistance Act 1965;'. 13
2. Section 5-- 14
omit. 15
3. Section 6(1) (definitions "Director-General" and "Minister")-- 16
omit. 17
4. Section 6(1)-- 18
insert-- 19
` "chief executive" means the chief executive of the department;'. 20
95
Statute Law (Miscellaneous Provisions)
(No. 2)
5. Section 8(1)(e)(i)-- 1
omit, insert-- 2
`(i) a registered company auditor within the meaning of the 3
Corporations Law; or'. 4
6. Section 8(3)-- 5
omit, insert-- 6
`(3) The appointment of a person as a Commissioner is not invalid 7
merely because of a defect or irregularity in relation to the appointment.'. 8
7. Section 22-- 9
omit, insert-- 10
`Delegation 11
`22. The Director may delegate the Director's powers under this Act to 12
an officer of the Commission.'. 13
8. Section 23(5A)-- 14
omit, insert-- 15
`(5A) An officer mentioned in subsection (5) is entitled to exercise right 16
of audience as both barrister and solicitor in any court of the State.'. 17
9. Section 26(4)-- 18
omit `sections 29(1) to (2C) and (3),', insert `sections 29(1) to (5) and 19
(8),'. 20
10. Section 29-- 21
omit, insert-- 22
96
Statute Law (Miscellaneous Provisions)
(No. 2)
`Circumstances in which legal assistance may be provided 1
`29.(1) Subject to this section, legal assistance, other than legal assistance 2
consisting of the giving of legal advice or the provision of duty lawyer 3
services, may be provided to a person (the "applicant") only if-- 4
(a) the applicant is in need of the legal assistance because of the 5
applicant's inability to afford the cost of obtaining from private 6
legal practitioners the legal services for which legal assistance is 7
sought; and 8
(b) it is reasonable in all the circumstances to provide the legal 9
assistance. 10
`(2) In deciding whether the applicant is in need of legal assistance 11
because of inability to afford the cost of obtaining legal services from 12
private practitioners, regard must be had to all relevant matters, including-- 13
(a) subject to subsection (5), the applicant's assets and income; and 14
(b) the cash that is, or can be made, readily available to the applicant; 15
and 16
(c) the applicant's debts, liabilities and other financial obligations; and 17
(d) the cost of living in the locality where the applicant resides; and 18
(e) the ability of-- 19
(i) the applicant's spouse or de facto spouse; and 20
(ii) any person of whom the applicant is a dependant; and 21
(iii) any spouse or de facto spouse of any person of whom the 22
applicant is a dependant; 23
to assist the applicant to obtain legal services from private legal 24
practitioners having regard to all relevant matters (including those 25
mentioned in paragraphs (a) to (d)) that would be relevant if the 26
spouse or other person were the applicant for legal assistance; and 27
(f) the cost of obtaining the legal services from private legal 28
practitioners; and 29
(g) any other matter affecting the ability of the person to meet the cost 30
of obtaining legal services from private legal practitioners. 31
97
Statute Law (Miscellaneous Provisions)
(No. 2)
`(3) If the applicant is a corporation, in addition to the matters to which 1
regard must be had under this section that are relevant and applicable to a 2
corporation, regard must be had to the matters that would be relevant if the 3
application for legal assistance were made on behalf of the persons who are 4
the directors and members of the corporation. 5
`(4) Guidelines determined for the purposes of this section under section 6
13 may provide for the exemption of a corporation or class of corporation 7
from consideration of the additional matters mentioned in subsection (3). 8
`(5) If the applicant is an individual, the value of any interest the applicant 9
may have in the dwelling house in which the applicant resides must be 10
disregarded in determining the applicant's ability to afford the cost of 11
obtaining the legal services from private legal practitioners. 12
`(6) Despite subsection (5), if the Commission, in special circumstances, 13
determines that it is not reasonable to provide legal assistance to the 14
applicant, having regard to-- 15
(a) the value of the applicant's interest in the dwelling house in which 16
the applicant resides; and 17
(b) other matters mentioned in this section that may be relevant; 18
the Commission may deal with the application or any decision made on the 19
application to provide legal assistance as if it were a matter referred to the 20
Commission under section 27(4A)(a) or (b). 21
`(7) A decision of the Commission under subsection (6)-- 22
(a) may be varied only by the Commission; and 23
(b) is not subject to review under Part 6. 24
`(8) In deciding whether it is reasonable in all the circumstances to 25
provide legal assistance to the applicant, regard must be had to all relevant 26
matters, including-- 27
(a) the nature and extent of-- 28
(i) any benefit that may accrue to the applicant, to the public or 29
to any section of the public from the provision of the 30
assistance; and 31
(ii) any detriment that may be suffered by the applicant, by the 32
98
Statute Law (Miscellaneous Provisions)
(No. 2)
public or by any section of the public if the assistance is not 1
provided; and 2
(b) subject to paragraph (c), in the case of assistance in relation to a 3
proceeding in a court or before a tribunal--whether the 4
proceeding is likely to end in a way favourable to the applicant; 5
and 6
(c) the desirability of an accused person in a prescribed criminal 7
proceeding consisting of-- 8
(i) the trial or sentence of the applicant on a charge of an 9
indictable offence; or 10
(ii) a proceeding before a justice taking an examination of 11
witnesses in relation to an indictable offence with which the 12
applicant is charged; 13
being represented by a legal practitioner, whether or not the 14
proceeding is likely to end in a way favourable to the applicant; 15
and 16
(d) any recommendation made by a court or tribunal under section 17
36A. 18
`(9) If the applicant is not ordinarily resident in the State, legal assistance 19
may only be provided if the assistance relates to-- 20
(a) a proceeding in a court, or before a tribunal, in the State; or 21
(b) a matter arising under the law in force in the State. 22
`(10) Legal assistance must not be provided to the applicant in, or in 23
connection with, a review by a Review Committee under Part 6. 24
`(11) In this section-- 25
"dwelling house" means the building or structure, or part of the building or 26
structure, used for the purpose or principally for the purpose of a 27
residence by the applicant or the applicant's family.'. 28
11. Section 34(2) and (2A)-- 29
omit, insert-- 30
99
Statute Law (Miscellaneous Provisions)
(No. 2)
`(2) The fact that a party to a proceeding is a legally assisted person does 1
not affect-- 2
(a) the rights or liabilities of the party or another party to the 3
proceeding; or 4
(b) the discretion of a court or tribunal to make an order in relation to 5
costs. 6
Example 1-- Judgment is given in favour of a legally assisted person 7
against an unassisted person--a costs order may be made in 8
favour of the legally assisted person as though the first person 9
were not a legally assisted person. 10
Example 2-- Judgment is given against a legally assisted person in favour 11
of an unassisted person--a costs order may be made in favour 12
of the unassisted person as though the first person were not a 13
legally assisted person.'. 14
12. Section 34A(6) and (6A)-- 15
omit, insert-- 16
`(6) If-- 17
(a) a legally assisted person is liable to pay to the Commission an 18
amount under this section; and 19
(b) the solicitor for the person is in possession of an amount actually 20
recovered by the person in the matter in which the person was 21
legally assisted; 22
the solicitor must pay to the Commission the amount mentioned in 23
paragraph (b) or the part of that amount necessary to discharge the amount 24
the legally assisted person is liable to pay. 25
`(6A) The Commission's receipt for an amount paid to it by a solicitor 26
under subsection (6) constitutes a discharge to the solicitor for the amount.'. 27
13. Section 34A(10) to (12)-- 28
omit, insert-- 29
100
Statute Law (Miscellaneous Provisions)
(No. 2)
`(10) In this section-- 1
(a) a reference to a legally assisted person includes a reference to a 2
person to whom legal assistance is provided under this Act but 3
who, before finalisation of the matter in relation to which legal 4
assistance is provided, stops receiving legal assistance; and 5
(b) an ex gratia payment made to a legally assisted person in relation 6
to a matter for which legal assistance has been provided to the 7
person is taken to be an amount recovered by the person in 8
relation to the matter. 9
`(11) In this section-- 10
"judgment" includes order.'. 11
14. Section 39(3)(b)-- 12
omit, insert-- 13
`(b) in the case of a member mentioned in section 38(2)(b)--a 14
Commissioner, or officer of the Commission, who is-- 15
(i) a legal practitioner; and 16
(ii) if the Commissioner or officer is a solicitor--the holder of a 17
current practising certificate; and'. 18
15. Section 44A(1)-- 19
omit `Director-General', insert `chief executive'. 20
16. Section 49-- 21
omit. 22
17. Section 58(3)-- 23
omit `of the department within which this Act is administered'. 24
101
Statute Law (Miscellaneous Provisions)
(No. 2)
18. Section 62(1)-- 1
omit `of the department within which this Act is administered'. 2
3
Commencement
4
Amendment 16 commences on the commencement of section 3 of the Audit
5
Legislation Amendment Act 1992.
6
Explanatory note
7
Long title
8
Amendment 1 amends the long title to reflect the present purposes of the Act.
9
Amendment consequential on Audit Legislation Amendment Bill 1992
10
Amendment 16 omits section 49 consequentially on the Audit Legislation Amendment
11
Bill 1992. The matters dealt with in the section are all to be dealt with under the
12
Financial Administration and Audit Act 1977.
13
Statute law revision
14
The remaining amendments effect statute law revision by recasting provisions in
15
accordance with current drafting practice, omitting obsolete or redundant provisions
16
and updating references.
OCAL GOVERNMENT (PLANNING AND 17
´L
ENVIRONMENT) ACT 1990 18
Amendments 19
1. Section 7.1(4)-- 20
omit `or part' (1st occurring). 21
2. Section 7.2(5)-- 22
omit `or part' (1st occurring). 23
3. Section 7.4(3)-- 24
omit `Full Court of the Supreme Court of Queensland', 25
102
Statute Law (Miscellaneous Provisions)
(No. 2)
insert `Court of Appeal'. 1
2
Explanatory note
3
Amendments 1 and 2 correct minor drafting errors.
4
Amendment 3 effects a statute law revision by updating a reference.
ICTURE THEATRES AND FILMS ACT REPEAL 5
´P
AND OTHER ACTS AMENDMENT ACT 1990 6
Amendments 7
1. Section 5-- 8
omit. 9
2. Section 6-- 10
omit. 11
12
Commencement
13
These amendments commence, or are taken to have commenced, as the case
14
requires, on the commencement of Part 2 of the Classification of Films Act 1991.
15
Explanatory note
16
These amendments omit provisions that will be made redundant when Part 2 of the
17
Classification of Films Act 1991 commences.
ROPERTY LAW ACT 1974 18
´P
Amendments 19
1. `Mining Act' to `Mineral Resources Act' 20
Sections 5(1)(d)(iv), 77(1) and (2), 83(5), 84(5), 86(4)(c), 87(2)(c), 21
88(2)(b), 92(1A)(c), 101(4)(e) and 123(1)-- 22
103
Statute Law (Miscellaneous Provisions)
(No. 2)
omit `Mining Act' (wherever occurring), insert `Mineral Resources Act'. 1
2. `Her Majesty' to `the State' 2
Section 20(6), (7)(b), (8A) and Schedule 1, clause 7-- 3
omit `Her Majesty' (wherever occurring), insert `the State'. 4
3. `Her Majesty in right of the Crown' to `the State' 5
Schedule 1, Clauses 1 and 2-- 6
omit `Her Majesty in right of the Crown' (wherever occurring), 7
insert `the State'. 8
4. `Her Majesty's' to `the State's' 9
Schedule 1, Clause 7-- 10
omit `Her Majesty's', insert `the State's'. 11
5. `Crown' to `State' 12
Section 20(11)-- 13
omit `Crown' (wherever occurring), insert `State'. 14
6. `backward person' to `intellectually disabled citizen' 15
Sections 38(5A) and 39(1)-- 16
omit `backward person' (wherever occurring), 17
insert `intellectually disabled citizen'. 18
7. Omission of `the fee simple or other' 19
Section 29(1) and (2)-- 20
omit `the fee simple or other' (wherever occurring). 21
104
Statute Law (Miscellaneous Provisions)
(No. 2)
8. `instrument of subordinate legislation' to `statutory instrument' 1
Section 57A (heading), (2) and (3)-- 2
omit `instrument of subordinate legislation' (wherever occurring), 3
insert `statutory instrument'. 4
9. `An instrument of subordinate legislation' to `A statutory 5
instrument' 6
Section 57A(1)-- 7
omit `An instrument of subordinate legislation', 8
insert `A statutory instrument'. 9
10. `Form 2 of Schedule 2' to `the prescribed form' 10
Sections 72(1) and (4)-- 11
omit `Form 2 of Schedule 2' (wherever occurring), 12
insert `the prescribed form'. 13
11. Section 4 (definitions "backward person", "department", 14
"instrument of subordinate legislation", "lease", "lessee", "lessor", 15
"Mining Act", "property", "Public Trustee" and "warden")-- 16
omit. 17
12. Section 4-- 18
insert-- 19
` "intellectually disabled citizen" means an intellectually disabled citizen 20
within the meaning of the Intellectually Disabled Citizens Act 1985; 21
"Mineral Resources Act" means the Mineral Resources Act 1989; 22
"warden" has the meaning given by the Mineral Resources Act 1989;'. 23
105
Statute Law (Miscellaneous Provisions)
(No. 2)
13. Section 14(5)-- 1
omit, insert-- 2
`(5) In subsection (4)-- 3
"or more of themselves" includes all the persons by whom the conveyance 4
or lease is or has been made.'. 5
14. Section 20(3)(b)-- 6
omit `Succession Acts 1867, but subject to the provisions (including the 7
provisions of Part 5) of those Acts', 8
insert `Succession Act 1981, but subject to the provisions (including Part 9
4) of that Act'. 10
15. Section 20(5)(c)-- 11
omit, insert-- 12
`(c) any persons to whom the State would, if the State's title had been 13
duly proved by inquisition, have the power to grant such 14
property;'. 15
16. Section 20(12)-- 16
omit, insert-- 17
`(12) In this section-- 18
"intestate" has the meaning given by section 5 of the Succession Act 19
1981.'. 20
17. Section 22(4)-- 21
omit, insert-- 22
`(4) The Registrar is authorised, on a request in the prescribed form, to 23
make recordings in the Register necessary to give effect to this section.'. 24
106
Statute Law (Miscellaneous Provisions)
(No. 2)
18. Section 48(1)(b)-- 1
omit `a corporation', insert `an individual and a corporation'. 2
19. Section 48(1)(c) and (d)-- 3
omit, insert-- 4
`(c) words indicating a gender include each other gender; and 5
(d) words in the singular include the plural and words in the plural 6
include the singular.'. 7
20. Section 66(2)-- 8
omit, insert-- 9
`(2) In this section-- 10
"banker" means a person acting in the person's official capacity as a 11
general manager or manager of a bank, and includes the agent of the 12
banker; 13
"conveyancer" includes the agent of the conveyancer; 14
"instrument" includes a discharge of mortgage; 15
"solicitor" includes the agent of the solicitor.'. 16
21. Section 72(2)-- 17
omit `said form of the said Schedule', insert `prescribed form'. 18
22. Section 73(2)(b)-- 19
omit `$500', insert `9 penalty units'. 20
23. Section 75(9)(b)-- 21
omit `$500', insert `9 penalty units'. 22
107
Statute Law (Miscellaneous Provisions)
(No. 2)
24. Section 79(2)-- 1
omit `shall be in the form or such one of Forms 3, 4, 5 and 6 of Schedule 2
2 as is applicable', 3
insert `must be in the prescribed form'. 4
25. Section 84(2)-- 5
omit `Form 7 of Schedule 2', insert `the prescribed form'. 6
26. Section 85(2)-- 7
omit `Form 8 of Schedule 2', insert `the prescribed form'. 8
27. Section 85(4)-- 9
omit `$100', insert `2 penalty units'. 10
28. Section 92(9)-- 11
omit `Form 9 of the Schedule 2', insert `the prescribed form'. 12
29. Section 103-- 13
omit. 14
30. Section 124(2)-- 15
omit `the foregoing provisions of this section', insert `subsection (1)'. 16
31. Section 124(8)-- 17
omit `Form 10 of Schedule 2', insert `the prescribed form'. 18
32. Section 131(4)-- 19
omit, insert-- 20
108
Statute Law (Miscellaneous Provisions)
(No. 2)
`(4) A notice need not be in a particular form, but a notice-- 1
(a) by a landlord to a tenant; or 2
(b) by a tenant to a landlord; 3
may be in the prescribed form.'. 4
33. Section 137(1)-- 5
omit, insert-- 6
`137.(1) A notice to terminate a tenancy, including a tenancy at will, must 7
be for a reasonable period.'. 8
34. After section 137(2)-- 9
insert-- 10
`(3) Subsection (1) does not apply to-- 11
(a) a tenancy for which a period of notice has, expressly or impliedly, 12
been agreed on by the parties; and 13
(b) a weekly, monthly, yearly or other periodic tenancy subject to this 14
Act with respect to notices to terminate; and 15
(c) a tenancy at will arising because of the abolition by this Act of the 16
implication of a tenancy from year to year.'. 17
35. Section 143(2)-- 18
omit, insert-- 19
`(2) The complaint may be in the prescribed form.'. 20
36. Section 144(1A)-- 21
omit, insert-- 22
`(1A) The summons may be in the prescribed form.'. 23
109
Statute Law (Miscellaneous Provisions)
(No. 2)
37. Section 146(1)-- 1
omit `form set out in Form 15 of Schedule 2', 2
insert `prescribed form'. 3
38. Section 170(1)-- 4
omit `Form 16 of Schedule 2', 5
insert `the prescribed form'. 6
39. Section 170(2)-- 7
omit `Form 17 of Schedule 2', 8
insert `the prescribed form'. 9
40. Section 175(3)-- 10
omit, insert-- 11
`(3) In this section-- 12
"stock broker" means a member of a securities exchange or a stock 13
exchange within the meaning of Chapter 7 or 8 of the Corporations 14
Law.'. 15
41. Section 175A-- 16
omit `or to the effect of Form 16A of Schedule 2', 17
insert `the prescribed form'. 18
42. Section 205(3)-- 19
omit `Form 18 of Schedule 2', 20
insert `the prescribed form'. 21
110
Statute Law (Miscellaneous Provisions)
(No. 2)
43. Section 206(1)-- 1
omit `, and references to the interest disposed of shall be construed 2
accordingly'. 3
44. Section 226(7)(a),(aa) and (b)-- 4
omit, insert-- 5
`(a) the Associations Incorporation Act 1981; or 6
(b) the Corporations Law; or'. 7
45. Section 226(8)-- 8
(1) omit `Companies (Queensland) Code or under the Companies Act 9
1961', 10
insert `Corporations Law'. 11
(2) omit `Commissioner for Corporate Affairs', 12
insert `Australian Securities Commission'. 13
46. Section 227(5)(b)-- 14
omit `incorporated under the Companies (Queensland) Code or under the 15
Companies Act 1961, or any corresponding previous enactment', 16
insert `within the meaning of the Corporations Law'. 17
47. Section 244(1)-- 18
omit `at Brisbane'. 19
48. Section 259(1)-- 20
omit `form, or to the like effect of a form, specified in this Act', 21
insert `prescribed form'. 22
111
Statute Law (Miscellaneous Provisions)
(No. 2)
49. Section 259(2)-- 1
omit `declaration in the form prescribed by the Oaths Act 1867', 2
insert `statutory declaration'. 3
50. Section 260-- 4
omit, insert-- 5
`Regulations 6
`260.(1) The Governor in Council may make regulations for the 7
purposes of this Act. 8
`(2) The regulations may provide with respect to the matters in respect of 9
which fees are payable for the purposes of this Act, the amounts of fees, the 10
persons who are liable to pay fees, when fees are payable, the waiver of fees 11
and the recovery of unpaid amounts of fees.'. 12
51. After section 260-- 13
insert 14
`Existing regulations 15
`261. A regulation in force under this Act immediately before the 16
commencement of this section continues to have effect, after the 17
commencement, as if it had been made under this Act as in force 18
immediately after the commencement.'. 19
52. Schedule 1, clause 8(3)-- 20
omit. 21
53. Schedule 1, clause 9 (heading)-- 22
insert `Application of Supreme Court rules'. 23
112
Statute Law (Miscellaneous Provisions)
(No. 2)
54. Schedule 1, clause 10 (heading)-- 1
insert `Interpretation'. 2
55. Schedule 2-- 3
omit. 4
56. Schedule 3, clause 17, column 1-- 5
omit `hotelkeeper', 6
insert `licensee within the meaning of the Liquor Act 1992'. 7
57. Schedule 3, clause 17, column 2-- 8
omit `licensed victualler or hotelkeeper', 9
insert `licensee within the meaning of the Liquor Act 1992'. 10
58. Schedule 3, clause 18, column 2-- 11
omit `licensed victualler or hotelkeeper', 12
insert `licensee within the meaning of the Liquor Act 1992'. 13
59. Schedule 5, Part 1, clause 1-- 14
omit `for Primary Industries, herein called the Minister,'. 15
16
Commencement
17
Amendments 10, 17, 21, 24, 25, 26, 28, 31, 32, 35, 36, 37, 38, 39, 41, 42, 48, 50, 51
18
and 55 of the Property Law Act 1974 commence on a day to be fixed by
19
proclamation.
20
Explanatory note
21
Statute law revision
22
The amendments effect statute law revision by recasting provisions in accordance
23
with current drafting practice and updating references.
113
Statute Law (Miscellaneous Provisions)
(No. 2)
OUTH BANK CORPORATION ACT 1989 1
´S
Amendments 2
1. Section 41(5)-- 3
omit `Authority', insert `Corporation'. 4
2. Schedule 7 (Schedule 2, Part 1, clause 6(3) (after `for considering 5
that matter'))-- 6
insert `at the adjourned meeting within one-half hour after that matter'. 7
8
Explanatory note
9
Amendment 1 corrects a minor error.
10
Amendment 2 corrects a typographical error by inserting words inadvertently omitted.
TATUTE LAW (MISCELLANEOUS PROVISIONS) 11
´S
ACT 1991 12
Amendments 13
1. Schedule 2, Legal Practitioners Acts Amendment Act 1968, 14
amendment 5-- 15
omit `Section 8(a)(vi)', insert `Section 8(1)(a)(vi)'. 16
2. Schedule 2, Superannuation (State Public Sector ) Act 1990, 17
commencement provision-- 18
omit `Superannuation (Miscellaneous Acts) Amendment Act 1990', 19
insert `Superannuation (Miscellaneous Acts) Amendment Act 1991'. 20
21
Commencement
22
Amendment 1 commences on 17 December 1991.
114
Statute Law (Miscellaneous Provisions)
(No. 2)
1
Explanatory note
2
Amendments 1 and 2 correct references.
TATUTE LAW (MISCELLANEOUS PROVISIONS) 3
´S
ACT 1992 4
Amendments 5
1. Schedule 2, Health Rights Commission Act 1991, commencement 6
provision-- 7
omit `the Act is proclaimed into force', 8
insert `section 123 of the Act commences'. 9
2. Schedule 2, Local Government (Planning and Environment) Act 10
1990, amendment 36-- 11
omit `Section 7.2(2)(c)', insert `Section 7.4(3)'. 12
13
Commencement
14
Amendment 1 commences on 1 July 1992.
15
Explanatory note
16
Amendments 1 and 2 correct minor errors.
SUPREME COURT OF QUEENSLAND ACT 1991 17
´
Amendment 18
1. Schedule 2, Mineral Resources Act 1990 (heading)-- 19
omit, insert-- 20
`Mineral Resources Act 1989'. 21
115
Statute Law (Miscellaneous Provisions)
(No. 2)
1
Explanatory note
2
This amendment corrects a citation.
TRANSPORT INFRASTRUCTURE (RAILWAYS) ACT 3
´
1991 4
Amendments 5
1. Section 1.3(1) (definitions "local authority", "Minister" and 6
"statutory declaration")-- 7
omit. 8
2. Section 1.3(1) (definition "railway")-- 9
omit, insert-- 10
` "railway" means any part or portion, extension or branch of a railway 11
constructed or worked under this Act or vested in Queensland 12
Railways, and includes all lands, buildings, structures, works, matters 13
and conveniences connected with or appurtenant to a railway,whether 14
of an electrical nature or otherwise;'. 15
3. Section 1.3(2)-- 16
omit. 17
4. Section 3.6(1)-- 18
omit `on the recommendation of the Minister'. 19
5. Section 3.7(1)-- 20
omit `, on the recommendation of the Minister,'. 21
116
Statute Law (Miscellaneous Provisions)
(No. 2)
6. Section 3.8(3)-- 1
omit `on the recommendation of the Minister'. 2
7. Section 6.1(b)-- 3
omit `without limiting the generality of the foregoing', 4
insert `for example'. 5
8. Section 6.2(1)(b)-- 6
omit `without limiting the generality of the foregoing', 7
insert `for example'. 8
9. Section 6.2(3)-- 9
omit, insert-- 10
`(3) If required to do so by the owner or occupier of the land occupied, 11
Queensland Railways is to separate the land from any adjoining land by a 12
sufficient fence, with the gates that are necessary for the convenient 13
occupation of the adjoining land. 14
`(3A) If any difference arises about the necessity for fences or gates, it is 15
sufficient compliance with subsection (3) if Queensland Railways separates 16
the land with the fences and gates that are reasonably necessary for the 17
security of the adjoining land.'. 18
10. Section 6.7(2)-- 19
omit, insert-- 20
`(2) Any dispute about the value of the piece of land, or about what 21
would be the expense of constructing the accommodation works, is to be 22
determined by the Land Court under the Acquisition of Land Act 1967. 23
`(3) When the value of the land required or taken is determined, the 24
Court must, if required by either party, determine the value of the severed 25
piece of land and also what would be the expense of constructing the 26
117
Statute Law (Miscellaneous Provisions)
(No. 2)
accommodation works.'. 1
11. Section 6.9(4)-- 2
omit, insert-- 3
`(4) The Acquisition of Land Act 1967 applies to Queensland Railways 4
with any modification necessary to give effect to subsection (1). 5
`(5) Any reference in the Acquisition of Land Act 1967 to the Registrar of 6
Titles is taken to be a reference to the person or authority charged with 7
registering instruments evidencing the title to the estate or interest in the land 8
held from the Crown.'. 9
12. Section 6.15-- 10
omit, insert-- 11
`Width of road over which railway passes 12
`6.15(1) If a railway is constructed over a road (whether an existing road 13
or a road substituted for it under section 6.17), the width of the part of the 14
road under the railway bridge or other structure is to be not less that 5 m 15
between the piers or walls of the bridge or structure. 16
`(2) The part of the road mentioned in subsection (1), other than the 17
piers, walls or other railway works, is to be under the control of the relevant 18
authority and maintained by it.'. 19
13. Section 6.18(6)-- 20
omit, insert-- 21
`(6) Neither Queensland Railways, nor any officer or employee of 22
Queensland Railways, is subject to any duty or liability in respect of the 23
works or the use and operation of the works for a purpose mentioned in 24
subsection (3). 25
`(6A) Any duty or liability that Queensland Railways, or any officer or 26
employee of Queensland Railways, would otherwise have is a duty or 27
liability of the local authority.'. 28
118
Statute Law (Miscellaneous Provisions)
(No. 2)
14. Section 7.1-- 1
omit, insert-- 2
`Delegation by Board 3
`7.1 The Board may delegate the powers of Queensland Railways under 4
this or another Act to the chief executive or an officer or employee of 5
Queensland Railways. 6
`Delegation by chief executive 7
`7.1A The chief executive may delegate the chief executive's powers 8
under this or another Act to an officer or employee of Queensland 9
Railways.'. 10
15. Section 7.10(5)-- 11
omit, insert-- 12
`(5) The holding of a public auction may be dispensed with if the chief 13
executive considers that the holding of a public auction is not justified, 14
having regard to the expenses associated with the holding of a public 15
auction and the likely proceeds resulting from the auctioning of the 16
abandoned property. 17
`(5A) In a case to which subsection (5) applies, the chief executive may 18
dispose of the abandoned property, not earlier than it would have been sold 19
by public auction, in a way, and on terms, determined by the chief 20
executive.'. 21
16. Section 8.2(4) (definition "dangerous goods")-- 22
omit `order in council' (wherever occurring), insert `regulation'. 23
17. After section 8.2-- 24
insert-- 25
`(5) An order in council in force under this section immediately before 26
the commencement of this subsection continues to have effect after the 27
119
Statute Law (Miscellaneous Provisions)
(No. 2)
commencement, and may be repealed and amended as if it were a 1
regulation.'. 2
18. Section 8.3(5)-- 3
omit, insert-- 4
`(5) A person must not wilfully obstruct an inspector or other person in 5
the exercise of a power under this section. 6
Maximum penalty--2 penalty units. 7
`(5A) The owner, agent or manager of a mine must not fail to give to an 8
inspector or other person the reasonable assistance necessary for making an 9
entry, inspection, examination, inquiry or survey under this section in 10
relation to the mine. 11
Maximum penalty--2 penalty units.'. 12
19. Section 8.5(1)(a)-- 13
omit. 14
20. Section 8.8-- 15
omit. 16
17
Commencement
18
Amendment 20 commences on a day fixed by proclamation.
19
Explanatory note
20
Use of regulations
21
Amendment 16 implements current drafting practice by providing that the statutory
22
instruments to be used for the purposes of the section are regulations.
23
Amendment 17 saves the operation of existing orders in council.
24
Statute law revision
25
The remaining amendments effect statute law revision by recasting provisions,
26
omitting inappropriate recommendation requirements and omitting obsolete or
27
redundant provisions.
120
Statute Law (Miscellaneous Provisions)
(No. 2)
TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 1
´
Amendments 2
1. Section 1.3-- 3
omit. 4
2. Section 1.4-- 5
omit. 6
3. Section 1.5(1) (definitions "Area", "department", "Director- 7
General", "local authority" and "Minister")-- 8
omit. 9
4. Section 1.5(1)-- 10
insert-- 11
` "area", in relation to a local authority, means the area of the local 12
authority; 13
"chief executive" means the chief executive of the department; 14
"repealed Acts" means the Acts that were repealed on the commencement 15
of section 1.3;'. 16
5. Section 1.5(2) and (3)-- 17
omit. 18
6. Section 2.9-- 19
omit, insert-- 20
`Statutory instruments that are subordinate legislation 21
`2.9 An order in council made under this Act and a notification under 22
121
Statute Law (Miscellaneous Provisions)
(No. 2)
Division 4 or 7 of Part 3 are subordinate legislation.'. 1
7. Section 3.2(2)-- 2
omit `Upon the recommendation of the Corporation, if', insert `If'. 3
8. Section 3.2(2A)-- 4
omit, insert-- 5
`(3) On gazettal of the notification, the land on which the road or 6
deviation is constructed becomes a road.'. 7
9. Section 3.5(6)-- 8
omit, insert-- 9
`(6) This section does not prevent the granting of an authority under the 10
Mineral Resources Act 1989 over any mineral under a declared road and the 11
payment of royalties to the State in respect of the mineral.'. 12
10. Section 3.8(1)-- 13
omit `Upon the recommendation of the Corporation, the Minister', 14
insert `The Minister'. 15
11. Section 3.17(1)-- 16
omit `Upon the recommendation of the Corporation the Minister', 17
insert `The Minister'. 18
12. Section 3.17(3)-- 19
omit `(in either case made upon the recommendation of the 20
Corporation)'. 21
122
Statute Law (Miscellaneous Provisions)
(No. 2)
13. Section 5.3(7)-- 1
omit. 2
14. Section 5.7(1)-- 3
omit `Upon the recommendation of the Corporation, the Governor in 4
Council', 5
insert `The Governor in Council'. 6
15. Section 5.7(4A)-- 7
omit `Forthwith upon receipt of a requisition under subsection (4)', 8
insert `Immediately it receives a requisition under subsection (4)'. 9
16. After section 5.7(5)-- 10
insert-- 11
`(6) An order in council made under this section is an exempt instrument 12
for the purposes of the Legislative Standards Act 1992.'. 13
17. Section 5.8-- 14
omit `from', insert `by'. 15
18. Section 7.13(1)-- 16
omit, insert-- 17
`7.13(1) The Minister may, by Gazette notice, approve the erection of a 18
building on a declared road.'. 19
19. Section 9.18(2)-- 20
omit `Corporation', insert `body corporate'. 21
123
Statute Law (Miscellaneous Provisions)
(No. 2)
20. Section 9.24(3)-- 1
omit. 2
21. Section 9.24(4)-- 3
omit. 4
22. Section 9.24(8)-- 5
omit. 6
23. Schedule 3, clause 1-- 7
omit. 8
24. Schedule 3, clause 7(1)(d)-- 9
omit. 10
25. Schedule 3, clause 10-- 11
omit. 12
26. Schedule 3, clause 11-- 13
omit. 14
27. Schedule 3, clause 13-- 15
omit. 16
28. Schedule 3, clause 14-- 17
omit. 18
124
Statute Law (Miscellaneous Provisions)
(No. 2)
29. Schedule 3, clause 16-- 1
omit. 2
30. Section 1.5(1) (definition "employee"), Part 2 Division 1 (heading), 3
sections 2.1, 2.4, 2.6(1), 2.7, 2.10, 6.2(1), 7.8(3), 9.1, 9.7(9), 9.16(1), 4
9.22(1), 9.23(1), 9.24(1), Schedule 1 (Administration) and Schedule 3 5
clause 4(f)-- 6
omit `Director-General' (wherever occurring), insert `chief executive'. 7
8
Explanatory note
9
Statute law revision
10
These amendments effect statute law revision by recasting provisions, omitting
11
inappropriate recommendation requirements, correcting minor errors, omitting
12
obsolete and redundant provisions and renumbering provisions.
125
Statute Law (Miscellaneous Provisions)
(No. 2)
CHEDULE 3 1
¡S
CTS REPEALED 2
A
section 4 3
1. Canned Fruits Marketing Act 1981 4
Canned Fruits Marketing Act Amendment Act 1985 5
6
Explanatory note
7
The marketing scheme provided for by these Acts and a Commonwealth Act is no
8
longer operative. The Commonwealth Act has already been repealed.
2. Grain Industry Levy Poll Act 1991 9
10
Explanatory note
11
This Act set up a once only poll that has been completed. The Act has therefore
12
served its purpose.
3. Sandalwood Act Repeal Act 1981 13
14
Explanatory note
15
The sole purpose of this Act is to repeal the Sandalwood Act 1934. The Act has
16
therefore served its purpose.
4. Censorship of Films Act 1947 17
Censorship of Films Act Amendment Act 1971 18
Censorship of Films Act Amendment Act 1973 19
Films Review Act 1974 20
126
Statute Law (Miscellaneous Provisions)
(No. 2)
Films (Censorship and Review) Acts Amendment Act 1984 1
Films (Censorship and Review) Acts Amendment Act 1988 2
3
Commencement
4
These repeals commence, or are taken to have commenced, as the case requires, on
5
the commencement of Part 2 of the Classification of Films Act 1991.
6
Explanatory note
7
This amendment repeals Acts that will be made redundant when Part 2 of the
8
Classification of Films Act 1991 commences.
127
Statute Law (Miscellaneous Provisions)
(No. 2)
CHEDULE 4 1
¡S
DECLARATORY PROVISIONS 2
section 5 3
FRUIT MARKETING ORGANISATION 4
´
AMENDMENT REGULATION 1991 5
Validation of regulation 6
1. It is declared that the Fruit Marketing Organisation Amendment 7
Regulation 1991 is, and always has been, as valid as it would be, and have 8
been, if it had been laid before the Legislative Assembly as required by law. 9
Validation of acts etc. 10
2. All acts, matters and things done before the commencement of this 11
clause in reliance on the Fruit Marketing Organisation Amendment 12
Regulation 1991 are taken to be as validly done as they would be if they had 13
been done after that commencement. 14
15
Explanatory note
16
This validation overcomes the failure to table the amending regulation.
17
© State of Queensland 1992
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