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CLASSIFICATION OF COMPUTER GAMES AND
IMAGES AND OTHER LEGISLATION
AMENDMENT BILL 2012
Explanatory Notes
for
Amendments to be moved during consideration in
detail by the Honourable JARROD BLEIJIE MP
Attorney-General and Minister for Justice
Title of the Bill
Classification of Computer Games and Images and Other Legislation Amendment Bill
2012.
Objective of the Amendments
The objectives of the amendments are to make special provision in the Recording of
Evidence Act 1962 for the recording and transcribing of inquiry and examination
proceedings, and to remove arbitration proceedings from the ambit of the Recording of
Evidence Act 1962.
The purpose of the Bill's amendments to the Recording of Evidence Act 1962 is to
enable the outsourcing of the State Reporting Bureau's functions of recording and
transcribing legal proceedings in Queensland. Arbitrations, inquiries and examinations
are not recorded or transcribed by the State Reporting Bureau and are not intended to be
subject of the outsourcing arrangements.
The Recording of Evidence Act 1962 will no longer apply to arbitration. This will reflect
what is, effectively the current practice; that is, that parties make private arrangements
for recording and transcribing.
Inquiries and examinations will remain within the purview of the Recording of Evidence
Act 1962 but Amendment 4, which inserts new section 5C into the Recording of
Evidence Act 1962, will enable inquiries and examiners to arrange for recording and
transcribing to be undertaken by an entity other than the State contracted service
provider. This will not preclude the State contracted service provider, or indeed the
Department of Justice and Attorney-General, from being engaged to undertake such
work, pursuant to section 5A or section 5C.
Achievement of the Objective
The objectives are achieved by way of amendments to the Bill as described below.
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Alternative Ways of Achieving Objective
There is no alternative way to achieve these objectives.
Estimated Cost for Government Implementation
There are no costs associated with these amendments.
Consistency with Fundamental Legislative Principles
The amendments are consistent with fundamental legislative principles.
Consultation
The Crime and Misconduct Commission, the Bar Association of Queensland and the
Australian Centre for International Commercial Arbitration were informed of the
nature of the proposed amendments.
Notes on Provisions
Amendment 1 amends the new definition of `recording service' that is inserted into
section 4 of the Recording of Evidence Act 1962 by clause 49. Amendment 1 is
consequential upon Amendment 4 which inserts new section 5C, to cater for
arrangements for recording and transcribing of inquiries and examinations.
Amendment 1 expands the definition of recording service to include a transcription of
an inquiry or examination under section 5C. The term `recording service' relates to
what a `recorder' does, which is a term used throughout the Recording of Evidence
Act 1962, for example in section 10 (Record and transcription to be evidence).
Amendment 2 amends the definition of `legal proceeding' in section 4 of the
Recording of Evidence Act 1962. The amendment removes the reference to
`arbitration' and makes it clear that the Act does not apply to arbitration proceedings.
Amendment 3 amends new section 5 (Recording of relevant matter in legal
proceedings) which is inserted by clause 50. The effect of the amendment is the
addition of sub-clause (2)(c) which provides that recording may be done, for an
inquiry or examination, under an arrangement under new section 5C, which is inserted
by Amendment 4.
Amendment 4 inserts new section 5C (Inquiries and examinations) into clause 50 to
make special provision for recording and transcribing of inquiries and examinations.
New section 5C provides that the court or person conducting the inquiry or
examination may arrange for the recording or transcription of the proceeding. In such
a case the recording is done under that arrangement rather than under an arrangement
made by the chief executive under new section 5A. This does not prevent an inquiry
or examination proceeding being recorded or transcribed in accordance with a section
5A arrangement, as section 5A continues to apply to inquiries and examinations, since
they are `legal proceedings' under section 4 of the Recording of Evidence Act 1962.
The obligation upon the chief executive under new section 5B(1) to make
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arrangements for availability of records and transcriptions does not apply to inquiry or
examination proceedings.
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