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1
Justice and Other Legislation Amendment Bill 2007
Justice and Other Legislation Amendment
Bill 2007
Explanatory notes for Amendments to be
moved during consideration in detail by the
Honourable Kerry Shine MP Attorney-General
and Minister for Justice and Minister Assisting
the Premier in Western Queensland
Title of the Bill
Justice and Other Legislation Amendment Bill 2007
Objectives of the Amendments
The amendments are intended :
� To amend new section 6, definition of "lawyer", of the Bail Act
1980 as contained in clause 9 of the Bill, to update a reference to
an Act.
� To amend new section 53D of the Magistrates Act 1991 as
contained in clause 116 of the Bill, to provide that employees of
public authorities have preserved employment rights if appointed
as judicial registrars in the Magistrates Court.
Achievement of the Objectives
The Bill achieves the objectives by making amendments to the legislation
as described below.
Estimated Cost for Government Implementation
Nil.
Consistency with Fundamental Legislative Principles
The amendments are consistent with fundamental legislative principles.
2
Justice and Other Legislation Amendment Bill 2007
Consultation
The Chief Magistrate and Legal Aid Queensland were consulted on the
amendment in clause 2.
Notes on Provisions
Clause 1 amends new section 6, definition of "lawyer", of the Bail Act 1980
as contained in clause 9 of the Bill. The amendment updates the reference to
the Legal Profession Act 2004 to the Legal Profession Act 2007.
Clause 2 amends new section 53D of the Magistrates Act 1991 as
contained in clause 116 of the Bill. New section 53D preserves the rights
of a public service officer who is appointed as a judicial registrar. The
amendment will apply the preservation of rights to a wider category of
persons, employed by prescribed authorities. For maximum flexibility the
amendment allows for the definition of "prescribed authority" to include
any entity declared by regulation to be a prescribed authority for section
53D. Consistent with the absence of any compulsory retirement date for
public authority employees, the reference to section 53N(1)(e) in
subsection (3) has been removed. The inclusion of that reference would
have excluded judicial registrars who retire at 65 from the rights granted by
subsection (3).
�The State of Queensland 2007