Queensland Evidence Act 1977 Evidence Regulation 2007 Current as at 1 July 2017 Reprint note This is the last reprint before expiry. Expired on 1 September 2017. See SIA s 54. Queensland Evidence Regulation 2007 Contents Page Part 1 1 2 Part 2 3 4 5 6 7 Part 3 8 9 Schedule Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Corresponding laws--Act, s 21C . . . . . . . . . . . . . . . . . . . . . . . . Tribunal declared to be a court for Act, pt 3A . . . . . . . . . . . . . . . Approved machines--Act, s 107 . . . . . . . . . . . . . . . . . . . . . . . . . Fee for inspecting etc. a document--Act, s 134A(2) . . . . . . . . . . 3 4 4 4 3 3 Person or body not an agency because RTI provisions do not apply to the person or body--Act, s 134A(7) . . . . . . . . . . . . . . . . . . . . . . 5 Transitional provisions for Evidence Regulation 1993 Evidence Regulation 1993 references . . . . . . . . . . . . . . . . . . . . Existing applications under the Act, s 134A . . . . . . . . . . . . . . . . Approved machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 7 Evidence Regulation 2007 Part 1 Preliminary [s 1] Evidence Regulation 2007 Part 1 1 Short title Preliminary This regulation may be cited as the Evidence Regulation 2007. 2 Commencement This regulation commences on 1 September 2007. Part 2 3 General Corresponding laws--Act, s 21C Each of the following laws is declared to correspond to part 2, division 5 of the Act-- (a) Crimes Act 1914 (Cwlth), part IACA; (b) Crimes (Protection of Witness Identity) Act 2011 (ACT); (c) Criminal Investigation (Covert Operations) Act 2009 (SA), part 4 and section 45; (d) Criminal Investigation (Covert Powers) Act 2012 (WA), part 4; (e) Evidence (Miscellaneous Provisions) Act 1958 (Vic), part IIAA; (f) Police (Special Investigative and Other Powers) Act (NT), part 4, divisions 1, 2 and 4; (g) Witness (Identity Protection) Act 2006 (Tas), part 2 and section 22. Current as at 1 July 2017 Authorised by the Parliamentary Counsel Page 3 Evidence Regulation 2007 Part 2 General [s 4] 4 Tribunal declared to be a court for Act, pt 3A For the Act, section 39C, definition Queensland court, paragraph (d), QCAT is declared to be a court for part 3A of the Act. 5 Approved machines--Act, s 107 The machines in the schedule are approved machines for section 107 of the Act. 6 Fee for inspecting etc. a document--Act, s 134A(2) (1) The prescribed fee for inspecting a document and taking a copy of, or an extract from, the document is the total of-- (a) (b) an amount calculated under subsection (2) for inspecting the document; and if a copy of, or extract from, the document is given--an amount calculated under subsection (3) for giving a copy of, or extract from, the document. if the document is an article or material from which sounds or visual images are capable of being reproduced--the amount the agency considers reasonable for making arrangements to hear or view the document; or otherwise--$47.50 for each hour, or part of an hour. (2) The amount payable for inspecting a document is-- (a) (b) (3) The amount payable for giving a copy of, or extract from, the document is-- (a) if a copy or extract is a photocopy in A4 size, the following-- (i) first copy--each page--$2.70; (ii) maximum fee for first copy--$70.00; (iii) additional copy--each page--65c; (iv) maximum fee for additional copy--$27.85; or Page 4 Authorised by the Parliamentary Counsel Current as at 1 July 2017 Evidence Regulation 2007 Part 2 General [s 7] (b) otherwise--the reasonable. amount the agency considers (4) An amount mentioned in subsection (2)(a) or (3)(b) must not be more than the amount that reasonably reflects the cost of making the arrangements or giving the copy or extract. 7 Person or body not an agency because RTI provisions do not apply to the person or body--Act, s 134A(7) (1) If an Act expressly provides that the RTI provisions do not apply to a person or body, then that person or body is declared not to be an applicable agency. (2) However, if an Act expressly provides that the RTI provisions do not apply to a person or body only to a particular extent, then that person or body is declared not to be an applicable agency only to that extent. Example for subsections (1) and (2)-- Right to Information Act 2009, schedule 2, part 2 (3) For the purpose of an application under section 134A of the Act to the principal officer of an agency to produce for inspection a document, the agency is declared not to be an applicable agency if an Act expressly provides that the RTI provisions do not apply to-- (a) (b) (c) the document; or particular information and the document contains the information; or an activity and the document concerns the activity. Example for subsection (3)-- Right to Information Act 2009, schedule 1 (4) In this section-- applicable agency means an agency for the definition agency in section 134A(7) of the Act. RTI provisions means the Right to Information Act 2009 or the Information Privacy Act 2009, chapter 3. Current as at 1 July 2017 Authorised by the Parliamentary Counsel Page 5 Evidence Regulation 2007 Part 3 Transitional provisions for Evidence Regulation 1993 [s 8] Part 3 Transitional provisions for Evidence Regulation 1993 8 Evidence Regulation 1993 references A reference in any document to the Evidence Regulation 1993 is, if the context permits, taken to be a reference to this regulation. 9 Existing applications under the Act, s 134A (1) This section applies if an application was made under section 134A of the Act, but not decided, before the expiry of the Evidence Regulation 1993. (2) The application continues and must be decided as if that regulation had not expired and this regulation had not commenced. Page 6 Authorised by the Parliamentary Counsel Current as at 1 July 2017 Evidence Regulation 2007 Schedule Schedule Approved machines section 5 3M EF 5000 Business Document Camera 3M FS6 Microfilm Processor Camera 3M Microfilm Camera, models 3400 Cartridge Camera, 3401 Cartridge Camera, 2000 Processor Camera and 161 Camera 3M Planetary Camera, models 6500 and 6600 3M Processor Camera, models 2300 and 2800 3M Rotary Camera, models 3400, 3500 and 6620 3M SRC 1050 Step and Repeat Microfilm Camera Alos Planetary Recorder 26 16mm Microfilm Camera AM Bruning Self Processing Step and Repeat Camera, models 750 and 2001 Bell and Howell ABR System 100 Planetary Microfilm Recorder (Camera) Bell and Howell Classic Microfilm Recorder Bell and Howell Microfilm Recorder, models Director I-505A and 205G, and Tabtronic 575 Buic 3400 16mm Simplex Flow Microfilm Camera Canon 16mm Planetary Camera, model CF100 Canon Microfilmer, model 161 A Canon Processor Camera, model 161 G(A) Canon Rotary Camera, model 800DDS Canon Rotary Filmer, models 300 and 450 Canon Rotary Processor Camera, model 700P Filemaster Planetary Recorder, models 515A and 515-II Filemaster Rotary Recorder, model 524A Current as at 1 July 2017 Authorised by the Parliamentary Counsel Page 7 Evidence Regulation 2007 Schedule Fuji FMAC 500L Planetary Roll Film Camera Fuji Micle 2200 Microfilm Processor Camera Fuji Micle 2204F Processor Camera Fuji Microfilm Camera, models M2, L2 and S2 Fuji SR 2000 Microfilm Processor Camera Image Systems Incorporated model 701 Step and Repeat Camera Intercom Rotary Recorder, model 522A Itek Microfilm Camera, models PD1400 and 3536 Jacknau SB1U Planetary Roll Film Camera Kodak Desktop Microfilmer Kodak i280 Scanner (Microfilming function only) Kodak i9610 Writer (Microfilming function only) Kodak Imagelink Scanner/Microimager 990D (Microfilming function only) Kodak Imagelink Scanner/Microimager 990S (Microfilming function only) Kodak Microfilmer, models Oracle, and Reliant 800 and 2000 Kodak Microimager 30 Camera Kodak Microimager 70 Camera Kodak Mini-Microfilmer Microbox Microfilm Camera, models MB series 35mm Minolta Planetary Camera, models DR1600 and DAR 2800 Recordak Microfile Machine, models MRD-2, MRD-2E, MRD-2LE, MRD 2/30, MRG, MRG1, HMRG1 and AH.5 Recordak Microfilmer, models RP-1E, and Rotoline RD-3 and MRK 1, and Reliant 300 RO, 400 RO-1, 450, 500, 550, 600, 600K, 700, 750 and 750-L, and Starfile RV1, RV2 and RV-3 Recordak Portable Microfilmer, model RP-2 Page 8 Authorised by the Parliamentary Counsel Current as at 1 July 2017 Evidence Regulation 2007 Schedule SMA 35mm Planetary Roll Film Camera SMA Data Rotocomp 400 16mm Microfilm Camera SMA Data Superfile 16mm Microfilm Camera SRM-II Rotary Recorder SRM Rotary Recorder Current as at 1 July 2017 Authorised by the Parliamentary Counsel Page 9 Evidence Regulation 2007 Endnotes 1 2 3 4 5 Key Index to endnotes Table of reprints List of legislation List of annotations 2 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act (prev) = previously 1954 amd = amended amd = amendment t ch def div exp gaz hdg ins lap = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed proc prov pt = proclamation = provision = part pubd = published R[X] = Reprint No. [X] RA = Reprints Act 1992 reloc = relocated renu m rep = renumbered = repealed (retro = retrospectively ) rv s = revised version = section notf = notified d num = numbered Page 10 Current as at 1 July 2017 Evidence Regulation 2007 Endnotes Key Explanation Key Explanation o in c om = order in council = omitted sch sdiv SIA SIR SL sub = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted orig = original p = page para = paragraph prec = preceding pres = present prev = previous unnu = unnumbered m 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint Amendments No. included Effective Notes 1 1A none 2007 SL No. 275 1 September 2007 26 November 2007 Page 11 Current as at 1 July 2017 Evidence Regulation 2007 Endnotes Reprint Amendments No. included Effective Notes 1B 1C 1D 1E 1F 2 2A 2B 2008 SL No. 266 2009 Act No. 13 2009 SL No. 181 2009 SL No. 265 2010 SL No. 155 -- 2011 SL No. 115 2012 SL No. 102 1 September 2008 1 July 2009 1 September 2009 1 December 2009 1 July 2010 1 July 2010 1 July 2011 13 July 2012 Amendments included Notes R1F withdrawn, see R2 Current as at 1 July 2013 1 July 2014 1 July 2015 1 July 2016 25 November 2016 1 July 2017 2013 SL No. 122 2014 SL No. 128 2015 SL No. 53 2016 SL No. 85 2016 SL No. 215 2017 SL No. 109 RA s 44 4 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Page 12 Current as at 1 July 2017 Evidence Regulation 2007 Endnotes Evidence Regulation 2007 SL No. 215 made by the Governor in Council on 30 August 2007 notfd gaz 31 August 2007 pp 2326­7 ss 1­2 commenced on date of notification remaining provisions commenced 1 September 2007 (see s 2) exp 1 September 2017 (see SIA s 54) amending legislation-- Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2007 SL No. 275 notfd gaz 9 November 2007 pp 1355­7 ss 1­2 commenced on date of notification remaining provisions commenced 26 November 2007 (see s 2) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2008 SL No. 266 notfd gaz 22 August 2008 pp 2651­6 ss 1­2 commenced on date of notification remaining provisions commenced 1 September 2008 (see s 2) Right to Information Act 2009 No. 13 ss 1­2, 213 sch 5 date of assent 12 June 2009 ss 1­2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 132) Justice Legislation (Fees) Amendment Regulation (No. 1) 2009 SL No. 181 notfd gaz 28 August 2009 pp 1491­6 ss 1­2 commenced on date of notification remaining provisions commenced 1 September 2009 (see s 2) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Regulation (No. 1) 2009 SL No. 265 pts 1, 12 notfd gaz 20 November 2009 pp 900­3 ss 1­2 commenced on date of notification remaining provisions commenced 1 December 2009 (see s 2) Justice Legislation (Fees) Amendment Regulation (No. 1) 2010 SL No. 155 notfd gaz 25 June 2010 pp 823­30 ss 1­2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2) Justice (Fees) Amendment Regulation (No. 1) 2011 SL No. 115 notfd gaz 1 July 2011 pp 589­96 ss 1­2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2) Justice Legislation (Fees) Amendment Regulation (No. 1) 2012 SL No. 102 notfd gaz 13 July 2012 pp 820­5 ss 1­2 commenced on date of notification remaining provisions commenced 13 July 2012 (see s 2) Justice Legislation (Fees) Amendment Regulation (No. 1) 2013 SL No. 122 notfd gaz 28 June 2013 pp 739­47 ss 1­2 commenced on date of notification Current as at 1 July 2017 Page 13 Evidence Regulation 2007 Endnotes remaining provisions commenced 1 July 2013 immediately after the Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 (see s 2) Justice Legislation (Fees) Amendment and Repeal Regulation (No. 1) 2014 SL No. 128 ss 1­2(1), 3 sch notfd 27 June 2014 ss 1­2 commenced on date of notification remaining provisions commenced 1 July 2014 (see s 2(1)) Justice Legislation (Fees) Amendment Regulation (No. 1) 2015 SL No. 53 pts 1,22 notfd 26 June 2015 ss 1­2 commenced on date of notification remaining provisions commenced 1 July 2015 (see s 2) Justice Legislation (Fees) Amendment Regulation (No. 1) 2016 SL No. 85 pts 1, 23 notfd 17 June 2016 ss 1­2 commenced on date of notification pt 23 commenced 1 July 2016 (see s 2) Evidence (Corresponding Witness Identity Protection Certificates) Amendment Regulation 2016 SL No. 215 notfd 25 November 2016 commenced on date of notification Justice Legislation (Fees) Amendment Regulation (No. 1) 2017 SL No. 109 notfd 30 June 2017 ss 1­2 commenced on date of notification pt 24 commenced 1 July 2017 (see s 2) 5 List of annotations Corresponding laws--Act, s 21C s 3 sub 2016 SL No. 215 s 3 Tribunal declared to be a court for Act, pt 3A s 4 ins 2009 SL No. 265 s 30 Approved machines--Act, s 107 s 5 (prev s 4) renum 2009 SL No. 265 s 29 Fee for inspecting etc. a document--Act, s 134A(2) s 6 (prev s 5) amd 2007 SL No. 275 s 3 sch; 2008 SL No. 266 s 3 sch; 2009 SL No. 181 s 3 sch renum 2009 SL No. 265 s 29 amd 2010 SL No. 155 s 3 sch; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 44; 2016 SL No. 85 s 46; 2016 SL No. 85 s 46; 2017 SL No. 109 s 52 Person or body not an agency because RTI provisions do not apply to the person or body--Act, s 134A(7) s 7 (prev s 6) amd 2009 Act No. 13 s 213 sch 5 Page 14 Current as at 1 July 2017 Evidence Regulation 2007 Endnotes renum 2009 SL No. 265 s 29 Evidence Regulation 1993 references s 8 (prev s 7) renum 2009 SL No. 265 s 29 Existing applications under the Act, s 134A s 9 (prev s 8) renum 2009 SL No. 265 s 29 SCHEDULE--APPROVED MACHINES amd 2009 SL No. 265 s 31 © State of Queensland 2017 Current as at 1 July 2017 Page 15