justice and other legislation amendment bill 2014

Queensland

Justice and Other Legislation Amendment Bill 2014

Queensland


Contents

Page

Part 1 Preliminary

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984

3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

4 Amendment of s 20 (Membership) . . . . . . . . . . . . . . . . . . . . . . . . 13

Part 3 Amendment of Acts Interpretation Act 1954

5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

6 Amendment of s 48 (Forms—notification and availability) . . . . . . 14

7 Insertion of new s 52A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

52A Regulation-making power. . . . . . . . . . . . . . . . . . . . . . 15

8 Insertion of new pt 14, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Division 3 Transitional provision for Justice and Other Legislation Amendment Act 2014

58 Form approved or made available, but not notified in gazette, before commencement. . . . . . . . . . . . . . . . . . . . . . . . 16

Part 4 Amendment of Anti-Discrimination Act 1991

9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

10 Amendment of s 119 (Meaning of sexual harassment) . . . . . . . . 17

Part 5 Amendment of Appeal Costs Fund Act 1973

11 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

12 Amendment of s 5 (Appeal Costs Fund) . . . . . . . . . . . . . . . . . . . 18

13 Amendment of s 22 (Abortive proceedings and new trials after proceedings discontinued) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

14 Replacement of s 30 (Amendment of regulation—Justice and Other Legislation Amendment Act 2013) . . . . . . . . . . . . . . . . . . . . . . . . 19

Contents


30 Transitional provision for Justice and Other Legislation Amendment Act 2014. . . . . . . . . . . . . . . . . . . . . . . . . 19

Part 6 Amendment of Births, Deaths and Marriages Registration Act 2003

15 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

16 Amendment of s 5 (Notification of birth) . . . . . . . . . . . . . . . . . . . . 19

17 Amendment of s 29 (How to apply to register the death of a person) 20

18 Amendment of s 32 (Notifying about disposal of a deceased person’s body) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

19 Amendment of s 44 (Obtaining information from the registrar) . . 21

20 Amendment of s 48B (Registrar may enter into arrangement with family and child commissioner). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

21 Amendment of s 48C (Registrar may enter into arrangement with health ombudsman) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22


54A How notice is given or application is made electronically 22

23 Amendment of s 55 (Approved forms) . . . . . . . . . . . . . . . . . . . . . 23

24 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 23

Part 7 Amendment of Civil Liability Act 2003

25 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

26 Replacement of s 45 (Criminals not to be awarded damages). . . 24

45 No damages for harm suffered in the course of criminal conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

27 Insertion of new ch 5, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Part 8 Transitional provision for Justice and Other Legislation Amendment Act 2014

86 Application of s 45 in relation to damages for harm suffered in the course of criminal conduct . . . . . . . . . . . . . . . . 25

Part 8 Amendment of Civil Proceedings Act 2011

28 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

29 Amendment of s 16 (Amendment for new cause of action or party) 26

30 Amendment of s 17 (Interested person may become a party and may be bound by outcome). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

31 Amendment of s 18 (Order binds persons who are represented) 27

32 Amendment of s 88 (Enforcement against property of a business) 27

33 Amendment of s 89 (Variation of order in relation to a business name)27

34 Insertion of new pt 13A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Part 13A Representative proceedings in Supreme Court

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Division 1 Preliminary

103A Definitions for pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . 27

Division 2 Conduct of representative proceedings

103B Starting proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . 28

103C Standing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

103D Whether consent required to be a group member . . . 30

103E Persons under a legal incapacity . . . . . . . . . . . . . . . . 30

103F Originating process . . . . . . . . . . . . . . . . . . . . . . . . . . 31

103G Right of group member to opt out. . . . . . . . . . . . . . . . 31

103H Cause of action accruing after representative proceeding started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

103I Less than 7 group members. . . . . . . . . . . . . . . . . . . . 32

103J Distribution costs excessive . . . . . . . . . . . . . . . . . . . . 33

103K Discontinuance of proceeding in certain circumstances 33

103L Effect of discontinuance order under this part . . . . . . 35

103M Where not all issues are common . . . . . . . . . . . . . . . 35

103N Individual issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

103O Directions for further proceedings . . . . . . . . . . . . . . . 36

103P Adequacy of representation . . . . . . . . . . . . . . . . . . . . 36

103Q Stay of execution in particular circumstances . . . . . . 37

103R Settlement and discontinuance . . . . . . . . . . . . . . . . . 37

103S Settlement of individual claim of representative party 37

Division 3 Notices

103T When notice must be given . . . . . . . . . . . . . . . . . . . . 38

103U Notice requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Division 4 Powers of the court

103V Judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

103W Constitution etc. of fund . . . . . . . . . . . . . . . . . . . . . . . 41

103X Effect of judgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Division 5 Appeals

103Y Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Division 6 Miscellaneous

103Z Suspension of limitation periods. . . . . . . . . . . . . . . . . 44

103ZA General power of court to make orders . . . . . . . . . . . 45

103ZB Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

103ZC Reimbursement of representative party’s costs . . . . . 45

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35 Insertion of new pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46


111 Application of pt 13A . . . . . . . . . . . . . . . . . . . . . . . . . 46


Part 9 Amendment of Coroners Act 2003

37 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

38 Amendment of s 29 (When inquest must not be held or continued) 47

39 Insertion of new pt 6, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48


116 Application of s 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

Part 10 Amendment of Corporations (Administrative Actions) Act 2001

40 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

41 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Part 11 Amendment of Corrective Services Act 2006

42 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49


48A Prisoner must not send distressing or traumatic correspondence to victim . . . . . . . . . . . . . . . . . . . . . . 49

Part 12 Amendment of Court Funds Act 1973

44 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

45 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

46 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Part 13 Amendment of Criminal Code

47 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

48 Amendment of s 236 (Misconduct with regard to corpses) . . . . . 51

49 Amendment of s 552I (Procedure under section 552B) . . . . . . . . 51

Part 14 Amendment of Criminal Proceeds Confiscation Act 2002

50 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

51 Replacement of s 52 (Contravention of restraining order) . . . . . . 52

52 Contravention of restraining order . . . . . . . . . . . . . . . 53

52 Replacement of s 60 (Dealing with forfeited property prohibited). 54

60 Dealing with forfeited property prohibited. . . . . . . . . . 54

53 Replacement of s 93ZT (Contravention of restraining order) . . . . 56

93ZT Contravention of restraining order . . . . . . . . . . . . . . . 56

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54 Amendment of s 93ZZB (Making of serious drug offender confiscation order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

55 Replacement of s 93ZZH (Dealing with forfeited property prohibited) 58

93ZZH Dealing with property forfeited under serious drug offender confiscation order prohibited . . . . . . . . . . . . . . . . . . . 58

56 Replacement of s 143 (Contravention of restraining order) . . . . . 59

143 Contravention of restraining order . . . . . . . . . . . . . . . 60

57 Replacement of s 171 (Dealing with forfeited property prohibited) 61

171 Dealing with forfeited property prohibited. . . . . . . . . . 61

58 Amendment of s 249 (Communication of information by financial institutions to particular officers). . . . . . . . . . . . . . . . . . . . . . . . . . 63

59 Insertion of new ch 12, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

Part 5 Transitional provisions for Justice and Other Legislation Amendment Act 2014

295 Transitional provision for ss 52, 93ZT and 143. . . . . . 63

296 Transitional provision for ss 60 and 171 . . . . . . . . . . 64

297 Transitional provision for s 93ZZH . . . . . . . . . . . . . . . 64


Part 15 Amendment of Drugs Misuse Act 1986

61 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

62 Amendment of s 6 (Supplying dangerous drugs) . . . . . . . . . . . . . 64

63 Amendment of s 128 (Analyst’s certificate) . . . . . . . . . . . . . . . . . 65

64 Insertion of new pt 7, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

Division 10 Provision for Justice and Other Legislation Amendment Act 2014

146 Validation of analysts’ certificates signed before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

Part 16 Amendment of Electoral Act 1992

65 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

66 Amendment of s 120 (Electoral visitor voting) . . . . . . . . . . . . . . . 66

67 Replacement of s 192 (Failure to post, fax or deliver documents for someone else) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

192 Failure to give the commission or returning officer a request66

Part 17 Amendment of Evidence Act 1977

68 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

69 Amendment of s 95A (DNA evidentiary certificate) . . . . . . . . . . . 67


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Division 6 Justice and Other Legislation Amendment Act 2014

147 Application of amendments to DNA evidentiary certificate provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

Part 18 Amendment of Industrial Relations Act 1999

71 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

72 Amendment of s 299 (Functions and powers of registrar) . . . . . . 68

73 Amendment of s 692A (Definitions for this part). . . . . . . . . . . . . . 68


Part 19 Amendment of Justices Act 1886

75 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

76 Amendment of s 145 (Defendant to be asked to plead) . . . . . . . . 69

Part 20 Amendment of Legal Profession Act 2007

77 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

78 Amendment of s 9 (Suitability matters) . . . . . . . . . . . . . . . . . . . . 70

79 Amendment of s 12 (Meaning of government legal officer and engaged in government work and related matters) . . . . . . . . . . . . . . . . . . . 71

80 Amendment of s 289 (Payments from fund) . . . . . . . . . . . . . . . . . 71

81 Amendment of s 291 (Submission of budgets). . . . . . . . . . . . . . . 71

82 Omission of s 780 (Amendment of regulation by Justice and Other Legislation Amendment Act 2013) . . . . . . . . . . . . . . . . . . . . . . . . 72

83 Insertion of new ch 10, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72


781 Application of s 9(1) and additional obligation to disclose suitability matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

782 Application of amended show cause event definition and additional obligation to give notice and statement . . . 73


Part 21 Amendment of Magistrates Courts Act 1921

85 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

86 Amendment of s 3C (Appointment of bailiffs and bailiff’s assistants) 75

87 Insertion of new ss 62 and 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

62 Transitional provision for Justice and Other Legislation Amendment Act 2014—saving of appointment of bailiff 75

63 Transitional provision for Justice and Other Legislation Amendment Act 2014—cessation of appointment of assistant bailiff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

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Part 22 Amendment of Penalties and Sentences Act 1992

88 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

89 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 76

90 Amendment of s 15B (Definitions for div 1) . . . . . . . . . . . . . . . . . 77

91 Amendment of s 43N (Commissioner may give copy of banning order to particular persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

92 Amendment of s 159A (Time held in presentence custody to be deducted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

93 Insertion of new pt 14, div 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78


238 Sentencing guidelines–supply of dangerous drugs . . 78

Part 23 Amendment of Professional Standards Act 2004

94 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

95 Amendment of s 15 (Commencement of schemes) . . . . . . . . . . . 78

96 Amendment of s 16 (Challenges to schemes) . . . . . . . . . . . . . . . 79

97 Amendment of s 18 (Amendment and revocation of schemes) . . 79

98 Amendment of s 18A (Notice of revocation of scheme) . . . . . . . . 79

99 Amendment of s 18B (Termination of operation of interstate schemes in this jurisdiction). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

100 Amendment of s 43 (Functions of council) . . . . . . . . . . . . . . . . . . 80

Part 24 Amendment of Property Law Act 1974

101 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

102 Amendment of s 57A (Effect of Act or statutory instrument) . . . . 80



357 Application of s 57A . . . . . . . . . . . . . . . . . . . . . . . . . . 81

358 Saving provision for s 57A . . . . . . . . . . . . . . . . . . . . . 82

Part 25 Amendment of Public Guardian Act 2014

104 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

105 Amendment of s 52 (When is a child a relevant child) . . . . . . . . . 82

106 Amendment of s 89 (Chief executive (child safety) to advise public guardian when child is subject to particular orders, etc.) . . . . . . . 83

107 Amendment of s 113 (Duration of appointment as community visitor) 84

Part 26 Amendment of Queensland Civil and Administrative Tribunal Act 2009

108 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

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109 Replacement of ss 131–132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

131 Monetary decisions . . . . . . . . . . . . . . . . . . . . . . . . . . 84

132 Non-monetary decisions. . . . . . . . . . . . . . . . . . . . . . . 85

110 Amendment of sch 2 (Subject matter for rules) . . . . . . . . . . . . . . 86

Part 27 Amendment of Recording of Evidence Act 1962

111 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

112 Amendment of s 11A (Retention and destruction of records) . . . 86

Part 28 Amendment of Referendums Act 1997

113 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

114 Amendment of s 16 (Kinds of polling booths). . . . . . . . . . . . . . . . 87

115 Amendment of s 18 (Supply of ballot papers and electoral rolls) . 87

116 Amendment of s 19 (Scrutineers). . . . . . . . . . . . . . . . . . . . . . . . . 88

117 Amendment of s 21 (Who may vote) . . . . . . . . . . . . . . . . . . . . . . 88

118 Amendment of s 22 (Procedure for voting). . . . . . . . . . . . . . . . . . 89

119 Insertion of new pt 4, div 3, sdiv 1A . . . . . . . . . . . . . . . . . . . . . . . 90

Subdivision 1A Pre-poll ordinary voting

24A Pre-poll ordinary voting . . . . . . . . . . . . . . . . . . . . . . . 90

24B Pre-poll voting offices . . . . . . . . . . . . . . . . . . . . . . . . . 90

24C Procedure for pre-poll ordinary voting . . . . . . . . . . . . 91

24D Help to enable electors to vote at pre-poll voting offices 93

120 Amendment of s 25 (Who may make a declaration vote). . . . . . . 94

121 Amendment of s 30 (Making a declaration vote using posted referendum papers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95

122 Amendment of s 31 (Electoral visitor voting) . . . . . . . . . . . . . . . . 95

123 Amendment of s 32 (Making a declaration vote in cases of uncertain identity). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95

124 Insertion of new pt 4, div 3, sdiv 2A . . . . . . . . . . . . . . . . . . . . . . . 96

Subdivision 2A Electronically assisted voting

32A Who may make an electronically assisted vote . . . . . 96

32B Prescribed procedures for electronically assisted voting 97

32C Audit of electronically assisted voting for a referendum 98

32D Protection of information technology . . . . . . . . . . . . . 98

32E Commissioner may decide electronically assisted voting is not to be used. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

125 Amendment of s 33 (How electors must vote) . . . . . . . . . . . . . . . 99

126 Amendment of s 36 (Preliminary processing of declaration envelopes and ballot papers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

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127 Amendment of s 38 (Preliminary counting of ordinary votes). . . . 100

128 Amendment of s 39 (Official counting of votes) . . . . . . . . . . . . . . 100

129 Replacement of s 83 (Failure to post, fax or deliver documents for someone else) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

83 Failure to give the commission or returning officer a request101


Part 29 Amendment of Supreme Court Library Act 1968

131 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

132 Insertion of new s 13B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

13B Protection from liability of members . . . . . . . . . . . . . . 102

Part 30 Amendment of Telecommunications Interception Act 2009

133 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

134 Amendment of s 14 (Eligible authority to keep documents connected with issue of warrants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

Part 31 Amendment of Tourism and Events Queensland Act 2012

135 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

136 Replacement of pt 3 (Tourism and Events Queensland Employing Office). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

Part 3 Employees

32 Corporation may employ staff. . . . . . . . . . . . . . . . . . . 104


Division 3 Transitional provisions for Justice and Other Legislation Amendment Act 2014

53 Employees of former employing office . . . . . . . . . . . . 105

Part 32 Amendment of Trusts Act 1973

138 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

139 Amendment of s 56 (Power to delegate trusts) . . . . . . . . . . . . . . 106


Part 13 Validation provision for Justice and Other Legislation Amendment Act 2014

123 Validation of powers of attorney for the purposes of s 56 106

Part 33 Amendment of Vexatious Proceedings Act 2005

141 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

142 Amendment of s 12 (Dismissing application for leave). . . . . . . . . 107

143 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

Part 4A Transitional provision for Justice and Other Legislation Amendment Act 2014

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16A Pre-amended Act continues to apply to particular applications made before commencement. . . . . . . . . 108

Part 34 Repeals

144 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

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2014

A BillforAn Act to amend the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, Acts Interpretation Act 1954, Anti-Discrimination Act 1991, Appeal Costs Fund Act 1973, Births, Deaths and Marriages Registration Act 2003, Civil Liability Act 2003, Civil Proceedings Act 2011, Coroners Act 2003, Corporations (Administrative Actions) Act 2001, Corrective Services Act 2006, Court Funds Act 1973, Criminal Code, Criminal Proceeds Confiscation Act 2002, Drugs Misuse Act 1986, Electoral Act 1992, Evidence Act 1977, Industrial Relations Act 1999, Justices Act 1886, Legal Profession Act 2007, Magistrates Courts Act 1921, Penalties and Sentences Act 1992, Professional Standards Act 2004, Property Law Act 1974, Public Guardian Act 2014, Queensland Civil and Administrative Tribunal Act 2009, Recording of Evidence Act 1962, Referendums Act 1997, Supreme Court Library Act 1968, Telecommunications Interception Act 2009, Tourism and Events Queensland Act 2012, Trusts Act 1973 and Vexatious Proceedings Act 2005 for particular purposes, and to repeal the Companies (Acquisition of Shares) (Application of Laws) Act 1981, Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981, Companies (Application of Laws) Act 1981, Futures Industry (Application of Laws) Act 1986 and Securities Industry (Application of Laws) Act 1981

[s 1]

Justice and Other Legislation Amendment Bill 2014Part 1 Preliminary

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The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title

This Act may be cited as the Justice and Other LegislationAmendment Act 2014.

2 Commencement

(1) Part 31 commences on 1 July 2015.

(2) The following provisions commence on a day to be fixed byproclamation—

(a) parts 2 and 3;

(b) sections 29 to 31 and 34 to 36;

(c) section 86(1) and (3) to (5);

(d) section 87, to the extent it inserts new section 63.

Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984

3 Act amended

This part amends the Aboriginal and Torres Strait IslanderCommunities (Justice, Land and Other Matters) Act 1984.

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[s 4]

Justice and Other Legislation Amendment Bill 2014Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and

Other Matters) Act 1984

Clause 1

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4 Amendment of s 20 (Membership)

(1) Section 20(1A)—

omit, insert—

(1A) The Minister is to—

(a) appoint the members of each communityjustice group by written notice given to eachmember; and

(b) publish notice of the appointments on theQueensland Courts website.

(2) Section 20(4A)—

omit, insert—

(4A) If the Minister decides a member of a communityjustice group is no longer eligible or suitable forappointment to the membership of thecommunity justice group, the Minister must—

(a) revoke the member’s appointment bywritten notice given to the member; and

(b) publish notice of the revocation on theQueensland Courts website.

(3) Section 20(5)—

insert—

Queensland Courts website means—

(a) <www.courts.qld.gov.au>; or

(b) another website authorised by the chiefexecutive for this section.

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[s 5]

Justice and Other Legislation Amendment Bill 2014Part 3 Amendment of Acts Interpretation Act 1954

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Part 3 Amendment of Acts Interpretation Act 1954

5 Act amended

This part amends the Acts Interpretation Act 1954.

6 Amendment of s 48 (Forms—notification and availability)

(1) Section 48(5), ‘in the gazette’—

omit, insert—

on the relevant government website

(2) Section 48(6)—

omit, insert—

(6) Subsection (5) may be complied with bypublishing on the relevant government websiteeither of the following—

(a) a notice stating—

(i) the form’s approval or availability; and

(ii) the form’s heading, number andversion number; and

(iii) a place or places where copies of theform are available; and

(iv) the date on which the notice ispublished;

(b) the form and the date on which the form ispublished.

(6A) For subsection (5), a thing is published on therelevant government website if it is published on,or accessible through, the relevant governmentwebsite.

(3) Section 48—

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insert—

(9) In this section—

local government entity means a localgovernment.

relevant government website means—

(a) for publication in relation to a formapproved or made available by a localgovernment entity—the local government’swebsite; or

(b) for publication in relation to a formapproved or made available by anotherentity—the whole-of-government website.

whole-of-government website means—

(a) <www.qld.gov.au>; or

(b) another website prescribed by regulation.

7 Insertion of new s 52A

Part 13—

insert—

52A Regulation-making power

The Governor in Council may make regulations underthis Act.

8 Insertion of new pt 14, div 3

After section 57—

insert—

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58 Form approved or made available, but not notified in gazette, before commencement

(1) This section applies if before thecommencement—

(a) a form was approved or made available byan entity under an authorising law; and

(b) there had been no notification of theapproval or availability in a way thatcomplied with previous section 48(5).

(2) On or after the day of commencement, the entitymay give notification of the approval oravailability of the form by complying with—

(a) previous section 48; or

(b) revised section 48.


authorising law see section 48(1).

form includes a new version of a form.

previous, if followed by a provision number,means the provision of that number as in forceimmediately before the commencement.

revised section 48 means section 48 as in force atany time after the commencement.

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[s 9]

Justice and Other Legislation Amendment Bill 2014Part 4 Amendment of Anti-Discrimination Act 1991

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Part 4 Amendment of Anti-Discrimination Act 1991

9 Act amended

This part amends the Anti-Discrimination Act 1991.

10 Amendment of s 119 (Meaning of sexual harassment)

(1) Section 119, examples, ‘Examples of subsection (1)(a)’—

omit, insert—

Examples for paragraph (a)

(2) Section 119, examples, ‘Example of subsection (1)(b)’—

omit, insert—

Example for paragraph (b)

(3) Section 119, examples, ‘Examples of subsection (1)(c)’—

omit, insert—

Examples for paragraph (c)

(4) Section 119, examples, ‘Examples of subsection (1)(d)’—

omit, insert—

Examples for paragraph (d)

Part 5 Amendment of Appeal Costs Fund Act 1973

11 Act amended

This part amends the Appeal Costs Fund Act 1973.

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[s 12]

Justice and Other Legislation Amendment Bill 2014Part 5 Amendment of Appeal Costs Fund Act 1973

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12 Amendment of s 5 (Appeal Costs Fund)

(1) Section 5(3), ‘subsections (7) and (8) of this section,’—

omit, insert—

subsection (6) and

(2) Section 5(4) to (7)—

omit.

(3) Section 5(1A) to (9)—

renumber as section 5(2) to (7).

13 Amendment of s 22 (Abortive proceedings and new trials after proceedings discontinued)

(1) Section 22(1)(b)—

omit, insert—

(b) an appeal on a question of law, or the groundthat there was a miscarriage of justice,against the conviction of a person (theappellant) convicted on indictmentsucceeds, and a new trial is ordered; or

(2) Section 22(1), ‘such costs as the board considers have been’—

omit, insert—

the costs the board considers have been thrown awayor partly thrown away and were

(3) Section 22, after subsection (1)—

insert—

(1B) For subsection (1), costs thrown away in relationto a proceeding include costs that areunnecessarily incurred, or are reasonablyincurred but are wasted once the proceeding isrendered abortive or the conviction is quashed orthe hearing of the proceedings is discontinued.

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[s 14]

Justice and Other Legislation Amendment Bill 2014Part 6 Amendment of Births, Deaths and Marriages Registration Act 2003

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14 Replacement of s 30 (Amendment of regulation—Justice and Other Legislation Amendment Act 2013)

Section 30—

omit, insert—

30 Transitional provision for Justice and Other Legislation Amendment Act 2014

(1) This section applies in relation to a person’sentitlement to a payment from the fund undersection 22 if—

(a) the entitlement arose under section 22before the commencement; and

(b) on the commencement, the board has notdecided the amount of the payment to bemade to the person under that section.

(2) Section 22, as amended by the Justice and OtherLegislation Amendment Act 2014, applies inrelation to the person’s entitlement to a paymentfrom the fund.

Part 6 Amendment of Births, Deaths and Marriages Registration Act 2003

15 Act amended

This part amends the Births, Deaths and MarriagesRegistration Act 2003.

16 Amendment of s 5 (Notification of birth)

Section 5—

insert—

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(5) For subsection (1), a responsible person who isthe person in charge of a hospital must give thenotice electronically unless the registrarreasonably considers—

(a) it would be impractical to do so because thehospital is located in an area that does notallow for giving the notice electronically; or

(b) other exceptional circumstances do notallow for giving the notice electronically.

17 Amendment of s 29 (How to apply to register the death of a person)

Section 29(5)—

omit, insert—

(5) If the person making a death registrationapplication is a funeral director in Queensland,the person must give the applicationelectronically unless the registrar reasonablyconsiders—

(a) it would be impractical to do so because thefuneral director’s place of business islocated in an area that does not allow for thenotice to be given electronically; or

(b) other exceptional circumstances do notallow for the notice to be givenelectronically.

18 Amendment of s 32 (Notifying about disposal of a deceased person’s body)

Section 32(6), from ‘registrar notice’—

omit, insert—

notice electronically unless the registrar reasonablyconsiders—

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(a) it would be impractical to do so because thecrematorium or cemetery is located in anarea that does not allow for giving the noticeelectronically; or

(b) other exceptional circumstances do notallow for giving the notice electronically.

19 Amendment of s 44 (Obtaining information from the registrar)

(1) Section 44(1)(b)—

omit, insert—

(b) a copy of a source document.

(2) Section 44—

insert—

(1A) For subsection (1), an application may be givento the registrar electronically.

(3) Section 44(9) and (10)—

omit, insert—

(9) The registrar may give requested information toan applicant electronically.

(10) Subsection (9) does not limit—

(a) a requirement of this Act about giving therequested information; or

(b) the Electronic Transactions (Queensland)Act 2001.

20 Amendment of s 48B (Registrar may enter into arrangement with family and child commissioner)

Section 48B(6), definition source document—

omit.

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21 Amendment of s 48C (Registrar may enter into arrangement with health ombudsman)

Section 48C(6), definition source document—

omit.


After section 54—

insert—

54A How notice is given or application is made electronically

(1) This section applies if, under this Act, a person isrequired or permitted to give a notice orapplication to the registrar electronically.

(2) The notice or application is given electronically ifit is given—

(a) in an electronic format, and in a way,approved by the registrar; or

Examples of electronic formats and ways of givinginformation—

• capturing the information in an electronic form(such as an HTML web-form, a mobileapplication or a smartform) that is submittedthrough an online system provided by theregistrar

• including the information in a data file that istransmitted electronically between 2 computersystems

(b) under the Electronic Transactions(Queensland) Act 2001.

Note—

Under the Electronic Transactions (Queensland)Act 2001, the person to whom the information isrequired or permitted to be given (in this case, theregistrar) must consent to the information beinggiven by an electronic communication. Seesections 11(2) and 12(2) of that Act.

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(3) Also, a requirement for the notice or applicationto be given in the approved form is complied withif the information required in the approved formis given under subsection (2).

23 Amendment of s 55 (Approved forms)

Section 55—

insert—

(1A) Without limiting subsection (1), an approvedform may be an electronic form.

24 Amendment of sch 2 (Dictionary)

Schedule 2—

insert—

approved form means a form approved by thechief executive under section 55(1).

funeral director means a person who carries onthe business of arranging for the disposal of thebodies of deceased persons.

source document—

(a) means a document, other than a documentprescribed by regulation, given to theregistrar in relation to the registration ornotation of an event in a register kept by theregistrar; and

(b) includes a digitised copy of a document towhich paragraph (a) applies, kept by theregistrar as an official record of thedocument.

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[s 25]

Justice and Other Legislation Amendment Bill 2014Part 7 Amendment of Civil Liability Act 2003

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Part 7 Amendment of Civil Liability Act 2003

25 Act amended

This part amends the Civil Liability Act 2003.

26 Replacement of s 45 (Criminals not to be awarded damages)

Section 45—

omit, insert—

45 No damages for harm suffered in the course of criminal conduct

(1) A person does not incur civil liability for breachof duty if the court is satisfied on the balance ofprobabilities that the harm suffered by anotherperson (the offender) for which, apart from thissection, the civil liability would arise, wassuffered in the course of criminal conduct by theoffender.

(2) However, subsection (1) does not apply if theharm suffered by the offender arose from anunlawful act that was intended to result in theoffender suffering harm.

(3) If the offender wishes to rely on subsection (2),the offender must prove, on the balance ofprobabilities, that it applies.

(4) For subsection (1), it does not matter whether theoffender has been, will be, is or was capable ofbeing proceeded against or convicted of theindictable offence to which the criminal conductrelates.

(5) If the offender has been dealt with for theindictable offence to which the criminal conduct

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[s 27]

Justice and Other Legislation Amendment Bill 2014Part 7 Amendment of Civil Liability Act 2003

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relates, it does not matter whether the person wasdealt with on indictment or summarily.


criminal conduct means the following—

(a) the commission of an indictable offence;

(b) anything done or omitted to be done for thepurpose of the commission of an indictableoffence, including—

(i) planning the offence; and

(ii) preparing for the offence; and

(iii) travelling to or from the place wherethe offence is committed; and

(iv) concealing the offence; and

(v) disposing of anything used in thecourse of, or obtained from,committing the offence.

27 Insertion of new ch 5, pt 8

Chapter 5—

insert—


86 Application of s 45 in relation to damages for harm suffered in the course of criminal conduct

To remove any doubt, it is declared that section 45, asreplaced by the Justice and Other LegislationAmendment Act 2014, applies only in relation to harm

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[s 28]

Justice and Other Legislation Amendment Bill 2014Part 8 Amendment of Civil Proceedings Act 2011

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suffered on or after the commencement by an offenderwithin the meaning of that section.

Part 8 Amendment of Civil Proceedings Act 2011

28 Act amended

This part amends the Civil Proceedings Act 2011.

29 Amendment of s 16 (Amendment for new cause of action or party)

Section 16(4)—

omit, insert—

(4) This section—

(a) applies despite the Limitation of Actions Act1974; and

(b) does not limit section 103H.

30 Amendment of s 17 (Interested person may become a party and may be bound by outcome)

(1) Section 17—

insert—

(1A) However, this section does not apply to arepresentative proceeding under part 13A.

(2) Section 17(1A) to (3)—


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31 Amendment of s 18 (Order binds persons who are represented)

(1) Section 18—

insert—

(1A) However, this section does not apply to arepresentative proceeding under part 13A.

(2) Section 18(1A) to (3)—


32 Amendment of s 88 (Enforcement against property of a business)

Section 88(1)(a) and (b), ‘or style’—

omit.

33 Amendment of s 89 (Variation of order in relation to a business name)

Section 89(1), ‘or style’—

omit.

34 Insertion of new pt 13A

After part 13—

insert—

Part 13A Representative proceedings in Supreme Court

Division 1 Preliminary

103A Definitions for pt 13A

In this part—

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court means the Supreme Court.

defendant means a person against whom relief issought in a representative proceeding.

group member means a member of a group ofpersons on whose behalf a representativeproceeding has been commenced.

representative party means a person whocommences a representative proceeding.

representative proceeding means a proceedingcommenced under section 103B.

sub-group member means a person included in asub-group established under section 103M.

sub-group representative party means a personappointed to be a sub-group representative partyunder section 103M.

Division 2 Conduct of representative proceedings

103B Starting proceeding

(1) A proceeding may be started under this part if—

(a) 7 or more persons have claims against thesame person; and

(b) the claims of all the persons are in respectof, or arise out of, the same, similar orrelated circumstances; and

(c) the claims of all the persons give rise to asubstantial common issue of law or fact.

(2) The proceeding may be started by 1 or more ofthe persons on behalf of some or all of the otherpersons.

(3) The proceeding may be started—

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(a) whether or not the relief sought—

(i) is, or includes, equitable relief; or

(ii) consists of, or includes, damages; or

(iii) includes claims for damages that wouldrequire individual assessment; or

(iv) is the same for each personrepresented; and

(b) whether or not the proceeding—

(i) is concerned with separate contracts ortransactions between the defendant andindividual group members; or

(ii) involves separate acts or omissions ofthe defendant done or omitted to bedone in relation to individual groupmembers.

103C Standing

(1) A person mentioned in section 103B(1)(a) has asufficient interest to commence a representativeproceeding against another person (the proposeddefendant) on behalf of other persons mentionedin that section if the person has standing tocommence proceedings on the person’s ownbehalf against the proposed defendant.

(2) The person may commence a representativeproceeding on behalf of other persons againstmore than 1 defendant, whether or not each of theother persons have a claim against each of thedefendants in the proceeding.

(3) A person who has commenced a representativeproceeding retains standing to do the followingeven if the person ceases to have a claim againstany or all defendants—

(a) continue the proceeding;

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(b) appeal against a decision in the proceeding.

103D Whether consent required to be a group member

(1) Subject to subsection (2), the consent of a personto be a group member is not required.

(2) Each of the following persons is a group memberonly if the person gives consent in writing to be agroup member—

(a) the Commonwealth or a State;

(b) a Minister of the Commonwealth or a State;

(c) a body corporate established for a publicpurpose by a law of the Commonwealth or aState, other than an incorporated companyor association;

(d) an officer of the Commonwealth or a State,in his or her capacity as an officer.

103E Persons under a legal incapacity

(1) It is not necessary for a person under a legalincapacity to have a litigation guardian merely inorder to be a group member.

(2) A group member who is a person under a legalincapacity may only take a step in therepresentative proceeding or conduct part of theproceeding by the member’s litigation guardian.


person under a legal incapacity has the meaninggiven by the Supreme Court of Queensland Act1991.

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103F Originating process

(1) The originating process in a representativeproceeding, or a document filed in support of theoriginating process, must, in addition to any othermatters required—

(a) describe or otherwise identify the groupmembers to whom the proceeding relates;and

(b) state the nature of the claims made and reliefsought on behalf of the group members; and

(c) state the questions of law or fact common tothe claims of the group members.

(2) For describing or otherwise identifying the groupmembers under subsection (1)(a), it is notnecessary to name or state the number of thegroup members.

103G Right of group member to opt out

(1) The court must fix a date on or before which agroup member may opt out of a representativeproceeding.

(2) A group member may opt out of therepresentative proceeding by giving writtennotice before the date fixed under subsection (1).

(3) On the application of a group member, therepresentative party or the defendant, the courtmay extend the period during which a groupmember may, under subsection (2), opt out of therepresentative proceeding.

(4) Except by leave of the court, the hearing of arepresentative proceeding must not start earlierthan the date before which a group member mayopt out of the proceeding.

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103H Cause of action accruing after representative proceeding started

(1) At any stage of a representative proceeding, onthe application of the representative party, thecourt may give leave to amend the originatingprocess starting the proceeding to change thedescription of the group members.

(2) The description of the group members may bechanged to include a person—

(a) whose cause of action accrued after the startof the representative proceeding but beforethe date fixed by the court when givingleave; and

(b) who would have been a group member or,with the consent of the person would havebeen a group member, if the cause of actionhad accrued before the proceeding wasstarted.

(3) The date mentioned in subsection (2)(a) may bethe date on which leave is given or another datebefore or after that date.

(4) If the court gives leave under subsection (1), thecourt may also make any other order it considersjust, including an order relating to the giving ofnotice to persons who, as a result of theamendment, will be included in the description ofgroup members for the representativeproceeding, and the date before which thepersons may opt out of the proceeding.

103I Less than 7 group members

If, at any stage of a representative proceeding, itappears likely to the court that there are less than 7group members, the court may, on the conditions itconsiders appropriate—

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(a) order the proceeding be continued under thispart; or

(b) order that the proceeding no longer continueunder this part.

103J Distribution costs excessive

(1) This section applies if—

(a) the relief sought in a representativeproceeding is or includes payment of moneyto group members, other than for costs; and

(b) on application by the defendant, the courtconsiders it is likely that, if judgment wereto be given in favour of the representativeparty, the cost to the defendant ofidentifying the group members anddistributing to them the amounts ordered tobe paid to them would be excessive, havingregard to the likely total of those amounts.

(2) The court may, by order—

(a) direct that the proceeding no longercontinue under this part; or

(b) stay the proceeding so far as it relates torelief of the kind mentioned in subsection(1)(a).

103K Discontinuance of proceeding in certain circumstances

(1) The court may, on application by the defendant oron its own initiative, order that a proceeding nolonger continue under this part if it considers it isin the interests of justice to do so because—

(a) the costs that would be incurred if theproceeding were to continue as arepresentative proceeding are likely to

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exceed the costs that would be incurred ifeach group member conducted a separateproceeding; or

(b) all the relief sought can be obtained bymeans of a proceeding other than arepresentative proceeding under this part; or

(c) the representative proceeding will notprovide an efficient and effective means ofdealing with the claims of the groupmembers; or

(d) a representative party is not able toadequately represent the interests of thegroup members; or

(e) it is otherwise inappropriate that the claimsbe pursued by means of a representativeproceeding.

(2) For subsection (1)(d), it is not inappropriate forclaims to be pursued by means of a representativeproceeding merely because the persons identifiedas group members for the proceeding—

(a) do not include all persons on whose behalfthe proceeding might have been brought; or

(b) are aggregated together for a particularpurpose including, for example, a litigationfunding arrangement.

(3) If the court dismisses an application under thissection, the court may order that no furtherapplication under this section be made by thedefendant except with the leave of the court.

(4) For subsection (3), leave may be granted subjectto the conditions about costs the court considersjust.

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103L Effect of discontinuance order under this part

If the court makes an order under section 103I, 103J or 103K that a proceeding no longer continue under thispart—

(a) the proceeding may be continued as aproceeding by the representative party onthe party’s own behalf against thedefendant; and

(b) on the application of a person who was agroup member for the proceeding, the courtmay order that the person be joined as anapplicant or plaintiff in the continuedproceeding.

103M Where not all issues are common

(1) If it appears to the court that determination of theissue or issues common to all group memberswill not finally determine the claims of all groupmembers, the court may give directions inrelation to the determination of the remainingissues.

(2) In the case of an issue common to the claims ofsome only of the group members, the directionsgiven by the court may include directionsestablishing a sub-group consisting of thosegroup members and appointing a person to be thesub-group representative party for the sub-groupmembers.

(3) If the court appoints a person other than therepresentative party to be a sub-grouprepresentative party, that person, and not therepresentative party, is liable for costs associatedwith the determination of the issue or issuescommon to the sub-group members.

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103N Individual issues

(1) In giving directions under section 103M, thecourt may allow an individual group member toappear in the proceeding for the purpose ofdeciding an issue that relates only to the claims ofthat member.

(2) If an individual group member is allowed toappear under subsection (1), the individual groupmember, and not the representative party, is liablefor costs associated with deciding the issue.

103O Directions for further proceedings

If an issue can not properly or conveniently be dealtwith by the court under section 103M or 103N, thecourt may give directions for the starting and conductof other proceedings, whether or not the otherproceedings are representative proceedings.

103P Adequacy of representation

(1) If, on application by a group member, the courtconsiders that a representative party is not ableadequately to represent the interests of the groupmembers, the court may substitute another groupmember as the representative party, and maymake any other orders in relation to thesubstitution it considers appropriate.

(2) If, on application by a sub-group member, thecourt considers that the sub-group representativeparty is not able adequately to represent theinterests of the sub-group members, the courtmay substitute another person as the sub-grouprepresentative party and may make any otherorders in relation to the substitution it considersappropriate.

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103Q Stay of execution in particular circumstances

If a defendant commences a proceeding in the courtagainst a group member, the court may order a stay ofexecution for any relief awarded to the group memberin the representative proceeding until the otherproceeding is decided.

103R Settlement and discontinuance

(1) A representative proceeding may not be settled ordiscontinued without the approval of the court.

(2) If the court gives approval under subsection (1), itmay make any orders it considers just for thedistribution of money paid under a settlement orpaid into the court.

103S Settlement of individual claim of representative party

(1) A representative party may, with the leave of thecourt, settle the party’s individual claim in wholeor part at any stage of the representativeproceeding.

(2) A representative party seeking leave to settle, orwho has settled, the party’s individual claim may,with leave of the court, withdraw as therepresentative party.

(3) If a representative party seeks leave to withdrawunder subsection (2), the court may, on theapplication of a group member, make an order forthe substitution of a group member as therepresentative party, and may make any otherorders in relation to the substitution it considersappropriate.

(4) Before a representative party may be grantedleave to withdraw under subsection (2)—

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(a) the court must be satisfied that notice of theapplication has been given to groupmembers under section 103T in sufficienttime for a group member to apply undersubsection (3) to have another personsubstituted as the representative party; and

(b) any application for the substitution of agroup member as representative party musthave been determined.

Division 3 Notices

103T When notice must be given

(1) Notice must be given to group members of thefollowing matters in relation to a representativeproceeding—

(a) the starting of the proceeding and the rightof the group members to opt out of theproceeding before the date fixed by the courtunder section 103G;

(b) an application by the defendant for thedismissal of the proceeding on the ground ofwant of prosecution;

(c) an application by a representative partyseeking leave to withdraw under section 103S as representative party.

(2) The court may dispense with a requirement ofsubsection (1) if the relief sought in theproceeding does not include a claim for damages.

(3) If the court orders, notice must be given to groupmembers of the payment into court of money inanswer to a cause of action on which a claim inthe representative proceeding is found.

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[s 34]


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(4) Unless the court considers it just, an applicationfor approval of a settlement under section 103Rmust not be decided unless notice has been givento group members in the proceeding.

(5) The court may, at any stage, order that notice ofany matter be given to a group member or groupmembers.

(6) Notice under this section must be given as soonas practicable after the happening of the event towhich it relates.

103U Notice requirements

(1) The form and content of a notice under section 103T must be approved by the court.

(2) The court must, by order, state—

(a) who must give the notice; and

(b) the way in which the notice must be given.

(3) The order may also—

(a) direct a party to provide informationrelevant to the giving of the notice; and

(b) provide for the costs of giving notice.

(4) An order under subsection (2) may require noticeto be given by way of press advertisement, radioor television broadcast, or any other means.

(5) The court must not order that notice be givenpersonally to each group member unless itconsiders it is reasonably practicable and notunduly expensive to do so.

(6) A notice about a matter for which the court’sleave or approval is required must state the periodwithin which a group member or other personmay apply to the court, or take some other step,in relation to the matter.

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(7) A notice that includes or is about conditions muststate the conditions and period, if any, forcompliance.

(8) The failure of a group member to receive orrespond to a notice does not affect a step taken,an order made, or a judgment given in aproceeding.

Division 4 Powers of the court

103V Judgment

(1) The court may do any 1 or more of the followingin deciding a matter in a representativeproceeding—

(a) decide an issue of law;

(b) decide an issue of fact;

(c) make a declaration of liability;

(d) grant equitable relief;

(e) make an award of damages for groupmembers, sub-group members or individualgroup members, consisting of statedamounts or amounts worked out in a statedway;

(f) award damages in an aggregate amountwithout stating amounts awarded in respectof individual group members;

(g) make any other order the court considersjust.

(2) In making an order for an award of damages, thecourt must provide for the payment ordistribution of the money to the group membersentitled.

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(3) Subject to section 103R, the court must not makean award of damages under subsection (1)(f)unless a reasonably accurate assessment can bemade of the total amount to which groupmembers are entitled under the judgment.

(4) If the court makes an order for the award ofdamages, the court may give any directions itconsiders just in relation to the way in which—

(a) a group member must establish themember’s entitlement to share in thedamages; and

(b) any dispute regarding the entitlement of agroup member to share in the damages mustbe determined.

103W Constitution etc. of fund

(1) Without limiting section 103V(2), in providingfor the distribution of money to group members,the court may provide for—

(a) the constitution and administration of a fundconsisting of the money to be distributed;and

(b) either—

(i) the payment by the defendant of a fixedsum of money into the fund; or

(ii) the payment by the defendant into thefund of instalments, on the conditionsthe court considers appropriate, to meetthe claims of group members; and

(c) entitlements to interest earned on the moneyin the fund.

(2) The costs of administering the fund are to beborne by the fund or the defendant, as the courtdirects.

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(3) If the court orders the constitution of a fundunder subsection (1), the order must—

(a) require notice to be given to group membersin the way stated in the order; and

(b) state the way in which a group member mustmake a claim for payment from the fund andestablish the member’s entitlement to thepayment; and

(c) state a day at least 6 months after the day onwhich the order is made, on or before whichthe group members must make a claim forpayment from the fund; and

(d) provide for the day on or before which thefund must be distributed to group memberswho have established an entitlement to bepaid from the fund.

(4) The court may, if it considers it just, allow agroup member to make a claim after the daystated under subsection (3)(c) if the fund has notbeen fully distributed.

(5) On application by the defendant after the daystated under subsection (3)(d), the court maymake the orders it considers just for the paymentfrom the fund to the defendant of the moneyremaining in the fund.

103X Effect of judgment

A judgment given in a representative proceeding—

(a) must describe or otherwise identify thegroup members affected by it; and

(b) binds the group members described, otherthan a person who has opted out of theproceeding under section 103G.

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Division 5 Appeals

103Y Appeals

(1) The following appeals from a judgment of thecourt under this part may be brought under theSupreme Court of Queensland Act 1991, section62 as a representative proceeding—

(a) an appeal by the representative party onbehalf of group members in respect of thejudgment to the extent it relates to issuescommon to the claims of the groupmembers;

(b) an appeal by a sub-group representativeparty on behalf of sub-group members inrespect of the judgment to the extent itrelates to issues common to the claims of thesub-group members.

(2) The parties to an appeal mentioned in subsection(1)(a) are the representative party, as therepresentative of the group members, and thedefendant.

(3) The parties to an appeal referred to in subsection(1)(b) are the sub-group representative party, asthe representative of the sub-group members, andthe defendant.

(4) On an appeal by the defendant in a representativeproceeding other than a proceeding mentioned insubsection (5), the parties to the appeal are—

(a) for an appeal in respect of the judgmentgenerally—the defendant and therepresentative party as the representative ofthe group members; and

(b) in the case of an appeal in respect of thejudgment to the extent it relates to issuescommon to the claims of sub-group

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members—the defendant and the sub-grouprepresentative party as the representative ofthe sub-group members.

(5) The parties to an appeal in respect of thedetermination of an issue relating only to theclaim of an individual group member are thegroup member and the defendant.

(6) If the representative party or sub-grouprepresentative party does not bring an appealwithin the time provided for instituting appeals,another member of the group or sub-group may,within a further 21 days, bring an appeal onbehalf of the group members or sub-groupmembers.

(7) If an appeal is brought from the judgment of thecourt in a representative proceeding, the Court ofAppeal may direct that notice of the appeal begiven to such person or persons, and in the way,the Court of Appeal considers appropriate.

(8) This part, other than section 103G, applies toappeal proceedings brought under this sectiondespite any other Act or law.

(9) The notice instituting an appeal in relation toissues that are common to the claims of groupmembers or sub-group members must describe orotherwise identify the group members orsub-group members, but need not specify thenames or number of those members.

Division 6 Miscellaneous

103Z Suspension of limitation periods

(1) On the starting of a representative proceeding,the running of any limitation period applying to

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the claim of a group member to which theproceeding relates is suspended.

(2) The limitation period does not start running againunless either—

(a) the member opts out of the proceedingunder section 103G; or

(b) the proceeding, and any appeal from theproceeding, is decided without finallydisposing of the member’s claim.

(3) This section applies despite anything in theLimitation of Actions Act 1974 or any other law.

103ZA General power of court to make orders

(1) In any proceeding including an appeal conductedunder this part, the court may, on its owninitiative or on application by a party or groupmember, make any order the court considersappropriate or necessary to ensure justice is donein the proceeding.

(2) This section does not limit section 13.

103ZB Costs

In a representative proceeding, the court—

(a) may order the plaintiff or defendant to paycosts; and

(b) may not order a group member or sub-groupmember to pay costs, other than undersection 103M or 103N.

103ZC Reimbursement of representative party’s costs

(1) If the court makes an award of damages in arepresentative proceeding, any person who is or

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was a representative party or a sub-grouprepresentative party in the proceeding may applyto the court for an order under this section.

(2) If, on an application under this section, the courtis satisfied the costs reasonably incurred inrelation to the representative proceeding by theapplicant are likely to exceed the costsrecoverable by the person from the defendant, thecourt may order an amount equal to the whole orpart of the excess be paid to that person out of thedamages awarded.

(3) On an application under this section, the courtmay also make any other order it considers just.

35 Insertion of new pt 16

After part 15—

insert—


111 Application of pt 13A

(1) Part 13A applies only to a proceeding started onor after the commencement.

(2) The proceeding may be started even if the causeof action the subject of the proceeding arosebefore the commencement.


(1) Schedule 1, definition court—

omit.

Page 46

[s 37]

Justice and Other Legislation Amendment Bill 2014Part 9 Amendment of Coroners Act 2003

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2

3

4

5

6

7

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Clause 18

19

Clause 2021

22

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(2) Schedule 1—

insert—

court—

(a) for part 13A—see section 103A; and

(b) otherwise—see section 5.

defendant, for part 13A, see section 103A.

group member, for part 13A, see section 103A.

representative party, for part 13A, see section103A.

representative proceeding, for part 13A, seesection 103A.

sub-group member, for part 13A, see section103A.

sub-group representative party, for part 13A, seesection 103A.

Part 9 Amendment of Coroners Act 2003

37 Act amended

This part amends the Coroners Act 2003.

38 Amendment of s 29 (When inquest must not be held or continued)

Section 29, before ‘offence’—

insert—

indictable

Page 47

[s 39]

Justice and Other Legislation Amendment Bill 2014Part 9 Amendment of Coroners Act 2003

Clause 1

2

3

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Part 6—

insert—


116 Application of s 29


(a) a coroner is informed that someone has beencharged with an offence as mentioned insection 29 (previous section 29) as in forcebefore the commencement, other than anindictable offence; and

(b) because of the information, the coroner—

(i) has not started an inquest underprevious section 29(2); or

(ii) has adjourned an inquest underprevious section 29(3)(a); and

(c) on the commencement, the inquest has notbeen started, resumed or closed.

(2) On the commencement, the coroner may start orresume the inquest as if previous section 29 doesnot apply, and has never applied, in relation to theinquest.

Page 48

[s 40]

Justice and Other Legislation Amendment Bill 2014Part 10 Amendment of Corporations (Administrative Actions) Act 2001

1

2

3

Clause 4

56

Clause 7

89

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11

12

13

Clause 14

15

Clause 16

17

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Part 10 Amendment of Corporations (Administrative Actions) Act 2001

40 Act amended

This part amends the Corporations (Administrative Actions)Act 2001.

41 Amendment of s 3 (Definitions)

Section 3, definition relevant State Act, paragraphs (b) to (f), after‘the’—

insert—

repealed

Part 11 Amendment of Corrective Services Act 2006

42 Act amended

This part amends the Corrective Services Act 2006.


After section 48—

insert—

48A Prisoner must not send distressing or traumatic correspondence to victim

(1) This section applies to a prisoner who is detainedfor an offence committed or alleged to have beencommitted against a victim.

Page 49

[s 44]

Justice and Other Legislation Amendment Bill 2014Part 12 Amendment of Court Funds Act 1973

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(2) The prisoner must not send, or attempt to send,correspondence to the victim, or a related personof the victim, if the prisoner knows, or oughtreasonably to know, the correspondence containsmaterial that is distressing or traumatic for thevictim or related person.

Maximum penalty—6 months imprisonment.

(3) For subsection (2)—

(a) material is distressing or traumatic for aperson if the material is reasonably likely, inall the circumstances, to cause the person tosuffer distress or trauma; and

(b) it does not matter whether the prisonerintended to cause the person to sufferdistress or trauma.


correspondence includes—

(a) a letter, facsimile or email; or

(b) a document or other thing enclosed in, orattached to, a letter, facsimile or email.

related person, of a victim, means a familymember or dependant of the victim.

send includes have another person send.

Part 12 Amendment of Court Funds Act 1973

44 Act amended

This part amends the Court Funds Act 1973.

Page 50

[s 45]

Justice and Other Legislation Amendment Bill 2014Part 13 Amendment of Criminal Code

Clause 1

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Clause 15

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Clause 19

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45 Amendment of long title

Long title, from ‘to amend’ to ‘District Court,’—

insert—

to provide for the custody and investment of moneypaid into the Supreme Court, District Court andMagistrates Courts,

46 Amendment of s 4 (Definitions)

Section 4, definition court, ‘or a District Court or MagistratesCourt’—

omit, insert—

, District Court or a Magistrates Court

Part 13 Amendment of Criminal Code

47 Code amended

This part amends the Criminal Code.

48 Amendment of s 236 (Misconduct with regard to corpses)

Section 236, from ‘misdemeanour’—

omit, insert—

crime, and is liable to imprisonment for 5 years.

49 Amendment of s 552I (Procedure under section 552B)

(1) Section 552I—

insert—

(3A) If there is more than 1 charge before theMagistrates Court, a plea to any number of

Page 51

[s 50]

Justice and Other Legislation Amendment Bill 2014Part 14 Amendment of Criminal Proceeds Confiscation Act 2002

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charges may, with the consent of the defendant,be taken at one and the same time on the basisthat the plea to 1 charge will be treated as a pleato any number of charges if the court issatisfied—

(a) the defendant is legally represented and hasobtained legal advice in relation to each ofthe charges; and

(b) the defendant is aware of the substance ofeach of the charges.

(3B) If the court takes a plea under subsection (4), thecourt is not required to state the substance of anycharge before the court to the defendant.

(2) Section 552I(3A) to (7)—

renumber as section 552I(4) to (9)

Part 14 Amendment of Criminal Proceeds Confiscation Act 2002

50 Act amended

This part amends the Criminal Proceeds Confiscation Act2002.

51 Replacement of s 52 (Contravention of restraining order)

Section 52—

omit, insert—

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52 Contravention of restraining order

(1) A person who does an act or makes an omissionin relation to restrained property in contraventionof the restraining order commits a crime.

Maximum penalty—

(a) for a financial institution—2500 penaltyunits or the value of the restrained property,whichever is the higher amount; or

(b) otherwise—

(i) 1000 penalty units or the value of therestrained property, whichever is thehigher amount; or

(ii) 7 years imprisonment.

(2) It is a defence to a charge of an offence againstsubsection (1) for the person to prove that theperson had no notice that the property wasrestrained under a restraining order and no reasonto suspect it was.

(3) However, the defence under subsection (2) is notavailable to the extent that the restrained propertyis—

(a) a motor vehicle, boat or outboard motor thatis the subject of a restraining orderregistered under the Personal PropertySecurities Act 2009 (Cwlth); or

(b) land over which a caveat is registered for therestraining order under section 51(5).

(4) Subsection (1) does not prevent the prosecutionand punishment of a person who does an act ormakes an omission mentioned in that subsectionfor contempt of court or another offence underthis Act or another Act.

(5) A dealing with property in contravention ofsubsection (1) is void unless—

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(a) the dealing was done in favour of aninnocent party; and

(b) the innocent party did not know, or couldnot be reasonably expected to have known,that the property was restrained under arestraining order; and

(c) the innocent party acted in good faith; and

(d) the innocent party provided sufficientconsideration for the dealing.

(6) Subsection (5) applies whether or not any personis convicted of an offence in relation to therestraining order.

52 Replacement of s 60 (Dealing with forfeited property prohibited)

Section 60—

omit, insert—

60 Dealing with forfeited property prohibited

(1) A person who does an act or makes an omissionin relation to property that is the subject of aforfeiture order that directly or indirectly defeatsthe operation of the forfeiture order commits acrime.

Maximum penalty—

(a) for a financial institution—2500 penaltyunits or the value of the forfeited property,whichever is the higher amount; or

(b) otherwise—

(i) 1000 penalty units or the value of theforfeited property, whichever is thehigher amount; or


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(2) It is a defence to a charge of an offence againstsubsection (1) for the person to prove that theperson had no notice that the property was thesubject of a forfeiture order and no reason tosuspect it was.

(3) However, the defence under subsection (2) is notavailable to the extent that the property is—

(a) a motor vehicle, boat or outboard motor thatis the subject of a forfeiture order registeredunder the Personal Property Securities Act2009 (Cwlth); or

(b) land over which a caveat about the order isregistered under the Land Title Act 1994.




(b) the innocent party did not know, or couldnot be reasonably expected to have known,that the property was forfeited under aforfeiture order; and



(6) Subsection (5) applies whether or not any personis convicted of an offence in relation to theforfeiture order.

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[s 53]


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53 Replacement of s 93ZT (Contravention of restraining order)

Section 93ZT—

omit, insert—

93ZT Contravention of restraining order


Maximum penalty—


(b) otherwise—






(b) land over which a caveat is registered for therestraining order under section 93ZS(5).

(4) Subsection (1) does not prevent the prosecutionand punishment of a person who does an act ormakes an omission mentioned in that subsection

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[s 54]


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29

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for contempt of court or another offence underthis Act or another Act.







54 Amendment of s 93ZZB (Making of serious drug offender confiscation order)

(1) Section 93ZZB(3)—

insert—

Example—

If the Supreme Court has made an unexplained wealthorder against a person because the court was reasonablysatisfied the person had engaged in at least 1 seriouscrime related activity because the person was convictedof the offence of trafficking in dangerous drugs, thecourt may not make a serious drug offender confiscationorder because of the same conviction.

(2) Section 93ZZB(4) to (6)—

renumber as section 93ZZB(5) to (7)

(3) Section 93ZZB—

insert—

Page 57

[s 55]


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(4) Subsection (3) does not limit the amount ofproperty that may be forfeited to the State under aserious drug offender confiscation order.

(4) Section 93ZZB(7) as renumbered, ‘(5)’—

omit, insert—

(6)

55 Replacement of s 93ZZH (Dealing with forfeited property prohibited)

Section 93ZZH—

omit, insert—

93ZZH Dealing with property forfeited under serious drug offender confiscation order prohibited

(1) A person who does an act or makes an omissionin relation to property forfeited under a seriousdrug offender confiscation order that directly orindirectly defeats the operation of the ordercommits a crime.

Maximum penalty—


(b) otherwise—



(2) It is a defence to a charge of an offence againstsubsection (1) for the person to prove that theperson had no notice that the property wasforfeited under a serious drug offenderconfiscation order and no reason to suspect itwas.

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(a) a motor vehicle, boat or outboard motor thatis the subject of a serious drug offenderconfiscation order registered under thePersonal Property Securities Act 2009(Cwlth); or





(b) the innocent party did not know, or couldnot be reasonably expected to have known,that the property was the subject of a seriousdrug offender confiscation order; and



(6) Subsection (5) applies whether or not any personis convicted of an offence in relation to theserious drug offender confiscation order.

56 Replacement of s 143 (Contravention of restraining order)

Section 143—

omit, insert—

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143 Contravention of restraining order


Maximum penalty—


(b) otherwise—






(b) land over which a caveat is registered for therestraining order under section 142(5).



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[s 57]


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57 Replacement of s 171 (Dealing with forfeited property prohibited)

Section 171—

omit, insert—

171 Dealing with forfeited property prohibited

(1) A person who does an act or makes an omissionin relation to property that is the subject of aforfeiture order that directly or indirectly defeatsthe operation of the forfeiture order commits acrime.

Maximum penalty—


(b) otherwise—



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[s 57]


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(2) It is a defence to a charge of an offence againstsubsection (1) for the person to prove that theperson had no notice that the property was thesubject of a forfeiture order and no reason tosuspect it was.


(a) a motor vehicle, boat or outboard motor thatis the subject of a forfeiture order registeredunder the Personal Property Securities Act2009 (Cwlth); or





(b) the innocent party did not know, or couldnot be reasonably expected to have known,that the property was forfeited under aforfeiture order; and



(6) Subsection (5) applies whether or not any personis convicted of an offence in relation to theforfeiture order.

Page 62

[s 58]


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Clause 17

18

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20

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25262728

58 Amendment of s 249 (Communication of information by financial institutions to particular officers)

(1) Section 249(1)(a)—

insert—

(iii) a matter for which an order may bemade under chapter 2A; or

(2) Section 249(3)—

omit, insert—

(3) If the information relates to—

(a) an investigation of a serious crime relatedactivity or another matter for which an ordermay be made under chapter 2; or

(b) a matter for which an order may be madeunder chapter 2A;

the institution may give the information to acommission officer.


After section 294—

insert—


295 Transitional provision for ss 52, 93ZT and 143

A reference in sections 52, 93ZT and 143 to restrainedproperty or a restraining order is a reference toproperty restrained or a restraining order made,whether before or after the commencement.

Page 63

[s 60]

Justice and Other Legislation Amendment Bill 2014Part 15 Amendment of Drugs Misuse Act 1986

1

2345

6

7891011

Clause 12

13

14

15

16

17

Clause 18

19

Clause 20

21

22

23

2425

296 Transitional provision for ss 60 and 171

A reference in sections 60 and 171 to forfeitedproperty or a forfeiture order is a reference to propertyforfeited or a forfeiture order made, whether before orafter the commencement.

297 Transitional provision for s 93ZZH

A reference in section 93ZZH to forfeited property ora serious drug offender confiscation order is areference to property forfeited or a serious drugoffender confiscation order made, whether before orafter the commencement.


Schedule 6, definition applicant, paragraph (c), ‘chapter 4’—

omit, insert—

chapter 3

Part 15 Amendment of Drugs Misuse Act 1986

61 Act amended

This part amends the Drugs Misuse Act 1986.

62 Amendment of s 6 (Supplying dangerous drugs)

Section 6(2)(e)—

insert—

Note—

The Penalties and Sentences Act 1992, section 9(11A)to (11D) provides that the court, in sentencing an

Page 64

[s 63]

Justice and Other Legislation Amendment Bill 2014Part 15 Amendment of Drugs Misuse Act 1986

123456

Clause 7

8

9

10

11

1213

1415161718

Clause 19

20

21

222324

2526

272829

offender for the offence of supplying a dangerous drugwhere a person used or was administered the drug anddied and the death was partly or wholly caused by thedrug, must consider those circumstances as anaggravating factor and must have regard primarily tosection 9(3) of that Act.

63 Amendment of s 128 (Analyst’s certificate)

(1) Section 128(1), ‘made by the analyst’—

omit.

(2) Section 128(1)—

insert—

(d) the laboratory at which the thing wasanalysed or examined;

(e) that the analyst examined the laboratory’srecords about the analysis or examination ofthe thing, including any examination oranalysis that was done by someone otherthan the analyst;



insert—

Division 10 Provision for Justice and Other Legislation Amendment Act 2014

146 Validation of analysts’ certificates signed before commencement

(1) This section applies to a certificate signed by ananalyst under section 128 before thecommencement.

Page 65

[s 65]

Justice and Other Legislation Amendment Bill 2014Part 16 Amendment of Electoral Act 1992

123

4

5

Clause 6

7

Clause 8

9

10

11

Clause 1213

14

15

1617

18192021

2223

(2) The certificate is taken to be, and always to havebeen, as valid and effective as it would have beenif it were signed after the commencement.

Part 16 Amendment of Electoral Act 1992

65 Act amended

This part amends the Electoral Act 1992.

66 Amendment of s 120 (Electoral visitor voting)

Section 120(1), from ‘by writing’ to ‘delivered’—

omit, insert—

in an approved form given

67 Replacement of s 192 (Failure to post, fax or deliver documents for someone else)

Section 192

omit, insert—

192 Failure to give the commission or returning officer a request

If a person is given a request in the approved formunder section 119 or 120 to give to the commission ora returning officer, the person must promptly give therequest to the commission or returning officer.

Maximum penalty—20 penalty units or 6 monthsimprisonment.

Page 66

[s 68]

Justice and Other Legislation Amendment Bill 2014Part 17 Amendment of Evidence Act 1977

1

2

Clause 3

4

Clause 5

6

7

8910

11

12

13141516

171819202122

23

24

25

26

27

Part 17 Amendment of Evidence Act 1977

68 Act amended

This part amends the Evidence Act 1977.

69 Amendment of s 95A (DNA evidentiary certificate)

(1) Section 95A—

insert—

(1A) However, subsections (4), (5), (8) and (9) do notapply to a proceeding that is an examination ofwitnesses in relation to an indictable offence.

(2) Section 95A(3)—

omit, insert—

(3) If a party intends to rely on the certificate (therelying party), the relying party must, at least 10business days before the hearing day, give a copyof the certificate to each other party.

(3A) If, at least 5 business days before the hearing day,a party other than the relying party gives a writtennotice to each other party that it requires theDNA analyst to give evidence, the relying partymust call the DNA analyst to give evidence at thehearing.

(3) Section 95A(5), ‘3 business’—

omit, insert—

5 business

(4) Section 95A(1A) to (9)—

renumber as section 95A(2) to (11).

Page 67

[s 70]

Justice and Other Legislation Amendment Bill 2014Part 18 Amendment of Industrial Relations Act 1999

Clause 1

2

3

456

78

9101112

13

14

Clause 15

16

Clause 17

18

19

20

Clause 21

2223

24



insert—

Division 6 Justice and Other Legislation Amendment Act 2014

147 Application of amendments to DNA evidentiary certificate provision

Section 95A, as amended by the Justice and OtherLegislation Amendment Act 2014, applies to a criminalproceeding, whether the proceeding started before, onor after the commencement.

Part 18 Amendment of Industrial Relations Act 1999

71 Act amended

This part amends the Industrial Relations Act 1999.

72 Amendment of s 299 (Functions and powers of registrar)

Section 299(3)(b), ‘vice-president’—

omit, insert—

president

73 Amendment of s 692A (Definitions for this part)

Section 692A, definitions federal industrial authority and federalindustrial authority manager, ‘FWA’—

omit, insert—

Page 68

[s 74]

Justice and Other Legislation Amendment Bill 2014Part 19 Amendment of Justices Act 1886

1

Clause 2

3

4

5

6

7

89

10

11

Clause 12

13

Clause 14

15

16

17181920212223

FWC


(1) Schedule 5, definition Australian commission, ‘FWA’—

omit, insert—

FWC

(2) Schedule 5, definition FWA—

omit, insert—

FWC means the Fair Work Commission underthe Commonwealth Act.

Part 19 Amendment of Justices Act 1886

75 Act amended

This part amends the Justices Act 1886.

76 Amendment of s 145 (Defendant to be asked to plead)

(1) Section 145—

insert—

(1A) If there is more than 1 complaint before theMagistrates Court, a plea to any number ofcomplaints may, with the consent of thedefendant, be taken at one and the same time onthe basis that the plea to 1 complaint will betreated as a plea to any number of complaints ifthe court is satisfied—

Page 69

[s 77]

Justice and Other Legislation Amendment Bill 2014Part 20 Amendment of Legal Profession Act 2007

123

45

678

9

10

11

12

Clause 13

14

Clause 15

16

17

1819202122

23

24

(a) the defendant is legally represented and hasobtained legal advice in relation to each ofthe complaints; and

(b) the defendant is aware of the substance ofeach of the complaints.

(1B) If the court takes a plea under subsection (2), thecourt is not required to state the substance of anycomplaint before the court to the defendant.

(2) Section 145(1A) to (2)—


Part 20 Amendment of Legal Profession Act 2007

77 Act amended

This part amends the Legal Profession Act 2007.

78 Amendment of s 9 (Suitability matters)

(1) Section 9(1)—

insert—

(ba) whether the person is, or has been, a legalpractitioner director of an incorporated legalpractice while the practice is or was anexternally-administered body corporateunder the Corporations Act;

(2) Section 9(1)(ba) to (n)—

renumber as section 9(1)(c) to (o).

Page 70

[s 79]


Clause 12

3

4

5

6789

Clause 10

11

12

1314151617

18

19

2021222324

Clause 25

26

27

28

79 Amendment of s 12 (Meaning of government legal officer and engaged in government work and related matters)

Section 12(1)(a)—

insert—

Note—

Under the Public Service Act 2008, section 22, this Actapplies to a public service office stated in schedule 1 ofthat Act and its public service employees as if the officewere a department.

80 Amendment of s 289 (Payments from fund)

(1) Section 289(1)(h)—

omit, insert—

(h) facilitating access to the legal system, legalinformation and education and legalservices for members of the community,particularly economically or sociallydisadvantaged members of the community;

(2) Section 289—

insert—

(3) Also, the chief executive must not make apayment under subsection (1)(b) unless the chiefexecutive is satisfied all other funding sources orother means of raising funds available to the lawsociety for the fidelity fund are exhausted.

81 Amendment of s 291 (Submission of budgets)

Section 291, ‘beneficiary’—

omit, insert—

recipient

Page 71

[s 82]


Clause 12

3

4

Clause 5

6

7

8

9

10

11

1213

1415

1617181920

21222324

252627282930

82 Omission of s 780 (Amendment of regulation by Justice and Other Legislation Amendment Act 2013)

Section 780—

omit.


Chapter 10—

insert—


781 Application of s 9(1) and additional obligation to disclose suitability matter

(1) This section applies if, before thecommencement—

(a) a person had applied to the board for adeclaration in relation to a suitability matterunder section 32(2) and the board had notdone a thing mentioned in section 32(3) forthe application; or

(b) a person had applied to the Supreme Courtfor admission to the legal profession undersection 34 and the Supreme Court had notdecided the application under section 35; or

(c) a person had applied to a regulatoryauthority for the grant or renewal of a localpractising certificate under section 49 andthe regulatory authority had not decidedwhether to grant or refuse the applicationunder section 51.

Page 72

[s 83]


123

4567

89

101112

13

141516

1718

192021

2223

242526

27

2829303132

(2) Section 9(1)(c), as in force immediately after thecommencement (new section 9(1)(c)), applies tothe person for the application.

(3) If new section 9(1)(c) applies to the person forthe application, the person must, before the daystated in subsection (4), give the following anotice about that fact—

(a) for an application mentioned in subsection(1)(a) or (b)—the board;

(b) for an application mentioned in subsection(1)(c)—the regulatory authority for theapplication.

(4) For subsection (3), the day is—

(a) for an application mentioned in subsection(1)(a) or (c)—the day that is 8 days after thecommencement; or

(b) for an application mentioned in subsection(1)(b), the earlier of the following—

(i) the day the application is heard anddecided by the Supreme Court undersection 35(1);

(ii) the day that is 8 days after thecommencement.

782 Application of amended show cause event definition and additional obligation to give notice and statement

(1) This section applies to a person who—

(a) is, or has been, a legal practitioner directorof an incorporated legal practice while thepractice is or was anexternally-administered body corporateunder the Corporations Act; and

Page 73

[s 84]

Justice and Other Legislation Amendment Bill 2014Part 21 Amendment of Magistrates Courts Act 1921

12

345

67

89

1011

1213

Clause 14

15

16

17181920

2122

23

24

25

Clause 26

27

(b) is a local legal practitioner or a registeredforeign lawyer.

(2) It is declared that the matter mentioned insubsection (1)(a) is a show cause event that hashappened in relation to the person.

(3) The person must comply with the following forthe show cause event—

(a) if the person is a local legalpractitioner—section 68;

(b) if the person is a registered foreignlawyer—section 193.

(4) For subsection (3), the show cause event is takento have happened on the commencement.


(1) Schedule 2, definition show cause event—

insert—

(ca) his or her being a legal practitioner directorof an incorporated legal practice thatbecomes an externally-administered bodycorporate under the Corporations Act; or

(2) Schedule 2, definition show cause event, paragraphs (ca) and(d)—

renumber as paragraphs (d) and (e).

Part 21 Amendment of Magistrates Courts Act 1921

85 Act amended

This part amends the Magistrates Courts Act 1921.

Page 74

[s 86]

Justice and Other Legislation Amendment Bill 2014Part 21 Amendment of Magistrates Courts Act 1921

Clause 12

3

4

5

6

78

9

10

11

12

13

14

Clause 15

16

17

181920

21222324

252627

282930

86 Amendment of s 3C (Appointment of bailiffs and bailiff’s assistants)

(1) Section 3C, heading, ‘and bailiff’s assistants’—

omit.

(2) Section 3C(1), from ‘A’ to ‘bailiffs’—

omit, insert—

The chief executive may from time to time appoint abailiff or bailiffs for a Magistrates Court

(3) Section 3C(3) and (4)—

omit.

(4) Section 3C(5), ‘or bailiff’s assistant’—

omit.

(5) Section 3C(5)—

renumber as section 3C(3).

87 Insertion of new ss 62 and 63

After section 61—

insert—

62 Transitional provision for Justice and Other Legislation Amendment Act 2014—saving of appointment of bailiff

A person who immediately before the commencementheld office as a bailiff under section 3C continues tohold office as if the person were appointed under thatsection after the commencement.

63 Transitional provision for Justice and Other Legislation Amendment Act 2014—cessation of appointment of assistant bailiff

(1) This section applies if, immediately before thecommencement, a person held office as a bailiff’sassistant under section 3C(3).

Page 75

[s 88]

Justice and Other Legislation Amendment Bill 2014Part 22 Amendment of Penalties and Sentences Act 1992

12

34

5

6

Clause 7

8

Clause 9

10

11

121314

1516

17

1819

202122

23

2425

2627

(2) On the commencement the person’s appointmentas an assistant bailiff ends.

(3) No compensation is payable because ofsubsection (2).

Part 22 Amendment of Penalties and Sentences Act 1992

88 Act amended

This part amends the Penalties and Sentences Act 1992.

89 Amendment of s 9 (Sentencing guidelines)

(1) Section 9—

insert—

(11A) Subsection (11C) applies to the sentencing of adangerous drug supply offender in circumstances(the circumstances of the offence) in which—

(a) the dangerous drug supplied was used by, oradministered to, a person; and

(b) the person died; and

(c) the drug was partly or wholly the cause ofthe person’s death.

(11B) However, subsection (11C) does not apply if theoffender has also been convicted of unlawfullykilling the person.

(11C) In sentencing the offender the court must—

(a) have regard primarily to the factors listed insubsection (3); and

(b) treat the circumstances of the offence as anaggravating factor.

Page 76

[s 90]

Justice and Other Legislation Amendment Bill 2014Part 22 Amendment of Penalties and Sentences Act 1992

1234

5

6

78

91011

Clause 12

1314

15

Clause 1617

18

19

20

21

22

23

Clause 2425

2627

28

(11D) For subsection (11C)(a), the court must haveregard to subsection (3)(d) as though the person’sdeath was a result of the offence for which theoffender is being sentenced.

(2) Section 9(13)—

insert—

dangerous drug see Drugs Misuse Act 1986,section 4.

dangerous drug supply offender means anoffender being sentenced for an offence againstthe Drugs Misuse Act 1986, section 6.

90 Amendment of s 15B (Definitions for div 1)

Section 15B, definition drug assessment and education session,‘one-on-one’—

omit.

91 Amendment of s 43N (Commissioner may give copy of banning order to particular persons)

(1) Section 43N, heading, after ‘Commissioner’—

insert—

of the police service

(2) Section 43N(1), after ‘The commissioner’—

insert—

of the police service

92 Amendment of s 159A (Time held in presentence custody to be deducted)

Section 159A(10), definition presentence custody certificate, ‘oran authorised corrective services officer’—

omit, insert—

Page 77

[s 93]

Justice and Other Legislation Amendment Bill 2014Part 23 Amendment of Professional Standards Act 2004

12

Clause 3

4

5

6789

1011

1213141516

17

18

Clause 19

20

Clause 21

22

23

24

, an authorised corrective services officer or thecommissioner of the police service



insert—


238 Sentencing guidelines–supply of dangerous drugs

Section 9(11A) to (11D) applies to the sentencing ofan offender if the offender is convicted of the offenceafter the commencement, even if the offence wascommitted, or the offender was charged with theoffence, before the commencement.

Part 23 Amendment of Professional Standards Act 2004

94 Act amended

This part amends the Professional Standards Act 2004.

95 Amendment of s 15 (Commencement of schemes)

Section 15(1) and (2), ‘gazetted’—

omit, insert—

notified

Page 78

[s 96]

Justice and Other Legislation Amendment Bill 2014Part 23 Amendment of Professional Standards Act 2004

Clause 1

2

3

4

Clause 56

7

8910111213141516

Clause 17

18

19

20

21

22

23

Clause 2425

26

27

28

96 Amendment of s 16 (Challenges to schemes)

Section 16(1), ‘gazetted’—

omit, insert—

notified

97 Amendment of s 18 (Amendment and revocation of schemes)

Section 18(6), note—

omit, insert—Note—

An instrument that amends a scheme operating in anotherjurisdiction may be submitted to the Minister administeringthe corresponding law of that jurisdiction under section 13with a view to notice being given of the instrument. Notice ofan instrument made under the corresponding law of anotherjurisdiction that amends an interstate scheme may be notifiedunder section 14.

98 Amendment of s 18A (Notice of revocation of scheme)

(1) Section 18A(1), ‘gazettal’—

omit, insert—

notification

(2) Section 18A(2), ‘gazetted’—

omit, insert—

notified

99 Amendment of s 18B (Termination of operation of interstate schemes in this jurisdiction)

Section 18B(5) and (6), ‘gazetted’—

omit, insert—

notified

Page 79

[s 100]

Justice and Other Legislation Amendment Bill 2014Part 24 Amendment of Property Law Act 1974

Clause 1

2

3

4

5

6

Clause 7

8

Clause 910

11

12

1314

15161718

19202122

23

24

25

100 Amendment of s 43 (Functions of council)

Section 43(1)(a)(i), ‘publication in the gazette’—

omit, insert—

notification

Part 24 Amendment of Property Law Act 1974

101 Act amended

This part amends the Property Law Act 1974.

102 Amendment of s 57A (Effect of Act or statutory instrument)


omit, insert—

(1) A statutory instrument, other than prescribedsubordinate legislation, does not and can not—

(a) render void or unenforceable any contract ordealing concerning property that is made,entered into or effected contrary to thestatutory instrument; or

(b) for a contract for the sale of land—give aright to a party to terminate the contract fora failure by another party to comply with thestatutory instrument.


omit, insert—


Page 80

[s 103]

Justice and Other Legislation Amendment Bill 2014Part 24 Amendment of Property Law Act 1974

123

Clause 4

5

6

7

8

9

10

11

1213

141516

1718192021

2223

24252627

282930

prescribed subordinate legislation meanssubordinate legislation prescribed under aregulation for this definition.


After part 23—

insert—


357 Application of s 57A

(1) For a statutory instrument other than subordinatelegislation, amended section 57A—

(a) applies on and from the commencement,regardless of when the statutory instrumentwas made; and

(b) has effect in relation to a contract or dealingconcerning property mentioned in thatsection only if the contract or dealing ismade, entered into or effected on or after thecommencement.

(2) For subordinate legislation, amended section57A—

(a) applies on and from the day that is 1 yearafter the commencement, regardless ofwhen the subordinate legislation was made;and

(b) has effect in relation to a contract or dealingconcerning property mentioned in thatsection only if the contract or dealing is

Page 81

[s 104]

Justice and Other Legislation Amendment Bill 2014Part 25 Amendment of Public Guardian Act 2014

12

345678

9

1011

12

131415

16

17

Clause 18

19

Clause 20

21

22

23242526

made, entered into on or effected after theday mentioned in paragraph (a).

(3) Section 57A, as in force immediately before thecommencement, continues to apply in relation tosubordinate legislation until 1 year after thecommencement, as if the section were notamended by the Justice and Other LegislationAmendment Act 2014.


amended section 57A means section 57A as inforce on the commencement.

358 Saving provision for s 57A

Section 57A(3), as in force immediately before thecommencement, is declared to be a law to which theActs Interpretation Act 1954, section 20A applies.

Part 25 Amendment of Public Guardian Act 2014

104 Act amended

This part amends the Public Guardian Act 2014.

105 Amendment of s 52 (When is a child a relevant child)

(1) Section 52—

insert—

(1A) A child is also a relevant child if the child is thesubject of an application for the making,extension, variation or revocation of an ordermentioned in subsection (1)(a), (b), (c) or (f).

Page 82

[s 106]

Justice and Other Legislation Amendment Bill 2014Part 25 Amendment of Public Guardian Act 2014

1

2

34

5

6

78910

1112

13141516

Clause 171819

20

21

222324

2526

27

2829

(2) Section 52(2)(a), after ‘subsection (1)’—

insert—

or the subject of an application mentioned insubsection (1A)

(3) Section 52(3)(a), from ‘agreement,’—

omit, insert—

agreement, or the subject of the application,the public guardian was providing particularhelp to the child and the public guardianbelieves—

(i) it is appropriate to finish providing thehelp to the child; or

(ii) the child may be the subject of a furtherapplication and continues to be in needof particular help for the period beforethe application is made; or

106 Amendment of s 89 (Chief executive (child safety) to advise public guardian when child is subject to particular orders, etc.)

(1) Section 89(1)—

insert—

(c) becoming aware a child is subject to aninterim order under section 67(1)(a) of theChild Protection Act.

(2) Section 89(2), ‘intervention or agreement of a kind mentionedin section 52(1)’—

omit, insert—

intervention, agreement or interim order of akind mentioned in subsection (1)(b) or (c)

Page 83

[s 107]

Justice and Other Legislation Amendment Bill 2014Part 26 Amendment of Queensland Civil and Administrative Tribunal Act 2009

Clause 12

3

4

5

6

7

8

Clause 9

1011

Clause 12

13

14

15

161718

19202122

23

242526

107 Amendment of s 113 (Duration of appointment as community visitor)

Section 113(6) and (7), ‘chief executive’—

omit, insert—

public guardian

Part 26 Amendment of Queensland Civil and Administrative Tribunal Act 2009

108 Act amended

This part amends the Queensland Civil and AdministrativeTribunal Act 2009.

109 Replacement of ss 131–132

Sections 131 and 132—

omit, insert—

131 Monetary decisions

(1) This section applies to a final decision of thetribunal in a proceeding if it is a monetarydecision.

(2) The final decision is taken to have been filed in acourt of competent jurisdiction for enforcementunder the Uniform Civil Procedure Rules 1999,chapter 19 on the day the decision is made.

Note—

The final decision is a money order of the court for thepurposes of the Uniform Civil Procedure Rules 1999,chapter 19.

Page 84

[s 109]

Justice and Other Legislation Amendment Bill 2014Part 26 Amendment of Queensland Civil and Administrative Tribunal Act 2009

1

23

4

567

891011

12131415

161718

1920

2122

2324

2526

27282930

31

3233

132 Non-monetary decisions

(1) This section applies to a final decision of thetribunal in a proceeding—

(a) if it is not a monetary decision; or

(b) if it is a monetary decision—to the extentthe decision does not require payment of anamount to a person.

(2) The final decision is taken to have been filed in arelevant court for enforcement under the UniformCivil Procedure Rules 1999, chapter 20 on theday the decision is made.

(3) For subsection (2), the final decision is taken tobe a non-money order of the relevant court for thepurposes of the Uniform Civil Procedure Rules1999, chapter 20.

(4) The Supreme Court may transfer to a lower courta proceeding for the enforcement of an orderpending in the Supreme Court if—

(a) the order is of a kind that may be made bythe lower court; or

(b) the order is otherwise capable of beingenforced in the lower court.

(5) If a proceeding is transferred to a lower courtunder subsection (4)—

(a) the order is taken to be an order of the lowercourt and may be enforced accordingly; and

(b) the proceeding for the enforcement of theorder is taken to have been started before thelower court when it was started in theSupreme Court.


lower court means a District Court orMagistrates Court.

Page 85

[s 110]

Justice and Other Legislation Amendment Bill 2014Part 27 Amendment of Recording of Evidence Act 1962

1

234

56

Clause 7

8

9

10

11

Clause 12

13

Clause 1415

16

17

18

19

20

21222324

relevant court means—

(a) for a final decision of the tribunal relating toa minor civil dispute—the MagistratesCourt; or

(b) for another final decision of thetribunal—the Supreme Court.

110 Amendment of sch 2 (Subject matter for rules)

Schedule 2, sections 4(2) and 8(b), ‘or style’—

omit.

Part 27 Amendment of Recording of Evidence Act 1962

111 Act amended

This part amends the Recording of Evidence Act 1962.

112 Amendment of s 11A (Retention and destruction of records)

(1) Section 11A(6)(a), after ‘made;’—

insert—

or

(2) Section 11A(6)(b)(ii)—

omit, insert—

(ii) the record is of a legal proceeding in aMagistrates Court and the record may bedisposed of under the Public Records Act2002, section 13(a).

Page 86

[s 113]

Justice and Other Legislation Amendment Bill 2014Part 28 Amendment of Referendums Act 1997

1

2

Clause 3

4

Clause 5

6

7

8

9

10

11

Clause 1213

14

15

16

17

18

1920

21

22

23

24

25

Part 28 Amendment of Referendums Act 1997

113 Act amended

This part amends the Referendums Act 1997.

114 Amendment of s 16 (Kinds of polling booths)

(1) Section 16(1), ‘2 kinds’—

omit, insert—

3 kinds

(2) Section 16(1)—

insert—

(c) pre-poll voting offices for electoral districts.

115 Amendment of s 18 (Supply of ballot papers and electoral rolls)

(1) Section 18, heading, ‘Supply of ballot’—

omit, insert—

Ballot

(2) Section 18(2), after ‘Ballot papers’—

insert—

, other than a completed ballot paper printed for anelectronically assisted vote,

(3) Section 18(3), ‘If’—

omit, insert—

For ballot papers to which subsection (2) apply, if

(4) Section 18—

insert—

Page 87

[s 116]


1234

Clause 5

6

7

8

9

10

1112

13

14

1516

17

18

19

Clause 20

21

22

23

24252627

2829

(4) A completed ballot paper printed for anelectronically assisted vote must be of a size orformat that enables the elector’s electronicallyassisted vote to be accurately determined.

116 Amendment of s 19 (Scrutineers)

(1) Section 19(2), after ‘mobile polling booth,’—

insert—

each pre-poll voting office

(2) Section 19(3)(b), after ‘envelopes’—

insert—

, the printing of completed ballot papers forelectronically assisted votes

(3) Section 19(3)—

insert—

(c) at a place to observe any part of a procedurefor making an electronically assisted vote.

(4) Section 19(5), after ‘votes,’—

insert—

including electronically assisted votes,

117 Amendment of s 21 (Who may vote)

Section 21(1)—

insert—

(d) persons who—

(i) are not enrolled on the electoral roll forany district but are entitled to beenrolled on the electoral roll for thedistrict; and

(ii) after the cut-off day for electoral rollsand no later than 6p.m. on the day

Page 88

[s 118]


1234

Clause 5

6

7

89

10

11

12

1314

1516

17

18

1920

2122

232425

26

27

2829

before the polling day, have given anotice to the commission or anelectoral registrar for the district underthe Electoral Act 1992, section 65.

118 Amendment of s 22 (Procedure for voting)

(1) Section 22(1), after ‘who’—

insert—

makes a pre-poll ordinary vote under section 24C orwho

(2) Section 22(3)—

omit, insert—

(3) In the polling booth, the elector must—

(a) give the issuing officer the elector’s proof ofidentity document; and

(b) request a ballot paper from the issuingofficer.

(3) Section 22(5)—

omit, insert—

(5) The issuing officer must issue a ballot paper to aperson if—

(a) the person has given the issuing officer theperson’s proof of identity document; and

(b) the issuing officer is satisfied the person isentitled to vote at the referendum for theelectoral district.

(4) Section 22(7)—

omit, insert—

(7) The issuing officer must comply with section 32if—

Page 89

[s 119]


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(a) the elector does not give the issuing officerthe elector’s proof of identity documentunder subsection (3)(a); or

(b) the issuing officer has asked questions undersubsection (6) and suspects a personclaiming to be a particular elector is not theelector.

119 Insertion of new pt 4, div 3, sdiv 1A

Part 4, division 3—

insert—

Subdivision 1A Pre-poll ordinary voting

24A Pre-poll ordinary voting

(1) This section applies to an elector, other than onewho must make a declaration vote undersubdivision 2, who—

(a) wishes to vote before the polling day for areferendum; and

(b) wishes to do so other than by making adeclaration vote under subdivision 2.

(2) If there is a pre-poll voting office for the electoraldistrict for which the elector is enrolled, theelector may make a vote under section 24C (apre-poll ordinary vote).

24B Pre-poll voting offices

(1) The commission may declare, by gazette notice,for a referendum—

(a) a stated place to be a place where an electorenrolled in a stated electoral district maymake a pre-poll ordinary vote (a pre-pollvoting office for the electoral district); and

Page 90

[s 119]


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30

3132

(b) the times during which electors are allowedto make a pre-poll ordinary vote at thepre-poll voting office.

(2) The commission may, in a declaration undersubsection (1) or by gazette notice under thissubsection, declare that a particular pre-pollvoting office located in an electoral district is alsoa pre-poll voting office for 1 or more otherelectoral districts.

(3) If the commission makes a declaration undersubsection (1) or (2), the commission may alsopublish the declaration in any other way thecommission considers appropriate, including, forexample, on the commission’s website.

24C Procedure for pre-poll ordinary voting

(1) An elector who wishes to vote during the periodbeginning 3 days after the cut-off day forelectoral rolls for the referendum, and ending at6p.m. on the day before polling day may make apre-poll ordinary vote by following theprocedures set out in this section.

(2) The elector is to go to a pre-poll voting office forthe electoral district for which the elector isenrolled.

(3) At the pre-poll voting office, the elector must—

(a) give the issuing officer the elector’s proof ofidentity document; and

(b) request a ballot paper from the issuingofficer.

(4) If the elector—

(a) has a ballot paper and declaration envelopefor the referendum; and

Page 91

[s 119]


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3233

(b) does not intend to make a declaration voteunder subdivision 2;

the elector must give the papers to the issuingofficer.

(5) The issuing officer must issue a ballot paper to aperson if—

(a) the person has given the issuing officer theperson’s proof of identity document; and

(b) the issuing officer is satisfied the person isentitled to vote at the referendum for theelectoral district.

(6) The issuing officer may ask of a personrequesting a ballot paper questions for thepurpose of deciding whether the person isentitled to vote at the referendum for the electoraldistrict.

(7) The issuing officer must comply with section 32if—

(a) the elector does not give the issuing officerthe elector’s proof of identity documentunder subsection (3)(a); or

(b) the issuing officer has asked questions undersubsection (6) and suspects that a personclaiming to be a particular elector is not theelector.

(8) The issuing officer must keep a record of allpersons to whom the officer issues ballot papersunder this section.

(9) The issuing officer must, if a scrutineer requestsit, keep a record of any objection by thescrutineer to the entitlement of a person to vote.

(10) On being given the ballot paper, the elector must,without delay—

Page 92

[s 119]


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(a) go alone to an unoccupied votingcompartment in the pre-poll voting office;and

(b) there, in private, mark a vote on the ballotpaper in accordance with section 33; and

(c) fold the ballot paper to conceal the vote andput it in a ballot box in the pre-poll votingoffice; and

(d) leave the pre-poll voting office.

24D Help to enable electors to vote at pre-poll voting offices

(1) Subject to subsection (2), if an elector satisfies anissuing officer that the elector is unable to votewithout help, the elector may be accompanied inthe pre-poll voting office by another personchosen by the elector.

(2) The other person may help the elector in any ofthe following ways—

(a) acting as an interpreter;

(b) explaining the ballot paper and therequirements of section 33 relating to itsmarking;

(c) marking, or helping the elector to mark, theballot paper in the way the elector wishes;

(d) folding the ballot paper and putting it in theballot box.

(3) If an elector is unable to enter a pre-poll votingoffice because of illness, disability or advancedpregnancy, but is able to come to a place (thevoting place) close to the pre-poll voting office,then, subject to subsection (4)—

(a) the issuing officer may perform the issuingofficer’s functions; and

Page 93

[s 120]


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(b) the voter may vote;

at the voting place as if it were the pre-poll votingoffice.

(4) The issuing officer must—

(a) before taking any action under subsection(3), inform any scrutineers present of theproposed action; and

(b) ensure that, after the ballot paper is marked,it is—

(i) folded to conceal the vote; and

(ii) put into an envelope and sealed; and

(c) open the envelope inside the pre-poll votingoffice in the presence of any scrutineers andput the folded ballot paper in a ballot box.

120 Amendment of s 25 (Who may make a declaration vote)

(1) Section 25(1)(a)—

omit, insert—

(a) an elector who wishes to make a declarationvote before the polling day for a referendum(an ordinary postal voter);

(2) Section 25(1)(b), editor’s note—

omit, insert—

Note—

See subsection (2) and the Electoral Act 1992, section 114.

(3) Section 25(1)(c), editor’s note—

omit, insert—

Note—

See subsection (3) and the Electoral Act 1992, section 114.

(4) Section 25(2)—

Page 94

[s 121]


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7

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omit.

(5) Section 25(3) and (4)—

renumber as section 25(2) and (3).

121 Amendment of s 30 (Making a declaration vote using posted referendum papers)

(1) Section 30(1), from ‘by writing’ to ‘delivered’—

omit, insert—


(2) Section 30(3), ‘6p.m. on the Thursday’—

omit, insert—

7p.m. on the Wednesday

122 Amendment of s 31 (Electoral visitor voting)

(1) Section 31(1), from ‘by writing’ to ‘delivered’—

omit, insert—


(2) Section 31(3), ‘6p.m. on the Thursday’—

omit, insert—

7p.m. on the Wednesday

123 Amendment of s 32 (Making a declaration vote in cases of uncertain identity)

(1) Section 32(1) and (2)—

omit, insert—

(1) If section 22(7) or 24C(7) applies for a personwho is an elector or a person claiming to be anelector, the issuing officer must give the person adeclaration envelope.

(2) Section 32(5)(a), ‘(3)(a)’—

Page 95

[s 124]


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4

5

6

7

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9

10

Clause 11

12

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27

omit, insert—

(2)(a)

(3) Section 32(5)(b), ‘(3)(b)’—

omit, insert—

(2)(b)

(4) Section 32(7), ‘subsection (5)’—

omit, insert—

subsection (4)

(5) Section 32(3) to (9)—


124 Insertion of new pt 4, div 3, sdiv 2A

Part 4, division 3—

insert—

Subdivision 2A Electronically assisted voting

32A Who may make an electronically assisted vote

An elector may make an electronically assisted voteif—

(a) the elector can not vote without assistancebecause the elector has—

(i) an impairment; or

(ii) an insufficient level of literacy; or

(b) the elector can not vote at a polling boothbecause of an impairment; or

(c) the elector is a member of a class of electorprescribed by a regulation for this section.

Examples of a class of elector—

Page 96

[s 124]


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33

• an elector whose address, as shown on an electoralroll, is more than 20km by the nearest practical routefrom a polling booth

• an elector who will not, throughout ordinary votinghours on polling day, be within Queensland

32B Prescribed procedures for electronically assisted voting

(1) The commission may make procedures abouthow an elector may make an electronicallyassisted vote for a referendum.

(2) The procedures must provide for the following—

(a) the registration of electors who may makean electronically assisted vote for areferendum under section 32A;

(b) the authentication of each electronicallyassisted vote;

(c) the recording of each elector who useselectronically assisted voting;

(d) ensuring the secrecy of each electronicallyassisted vote;

(e) the secure transmission of eachelectronically assisted vote to thecommissioner, and secure storage of eachelectronically assisted vote by thecommissioner, until printing;

(f) the printing, for scrutiny and counting, of aballot paper for each electronically assistedvote;

(g) the secure delivery of each printed ballotpaper to the returning officer for theappropriate electoral district or to thecommission.

(3) The procedures—

Page 97

[s 124]


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(a) do not take effect until approved by aregulation; and

(b) must be tabled in the Legislative Assemblywith the regulation approving theprocedures; and

(c) must be published on the commission’swebsite.

32C Audit of electronically assisted voting for a referendum

(1) The commission must appoint an independentperson to audit the information technology usedunder the procedures for electronically assistedvoting made under section 32B.

(2) The audit must be conducted within 60 days afterthe polling day for the referendum.

(3) A person appointed under subsection (1) must bean individual who is not, and has not ever been, amember of a political party.

(4) The person appointed to conduct the audit maymake recommendations to the commission toreduce or eliminate risks that could affect thesecurity, accuracy or secrecy of electronicallyassisted voting.

(5) A regulation may prescribe requirements aboutthe conduct of an audit under this section.

32D Protection of information technology

(1) A person must not disclose to another person asource code or other computer software relatingto electronically assisted voting, unless theperson is authorised to do so under—

(a) the procedures approved under section 32B;or

Page 98

[s 125]


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(b) an agreement entered into by the personwith the commissioner.


(2) A person must not, without reasonable excuse,destroy or interfere with a computer program,data file or electronic device used for or inconnection with electronically assisted voting.

Maximum penalty—100 penalty units or 2 yearsimprisonment.

32E Commissioner may decide electronically assisted voting is not to be used

(1) The commissioner may decide electronicallyassisted voting is not be used—

(a) at a particular referendum; or

(b) by a class of electors at a particularreferendum.

(2) The commissioner’s decision must be in writingand published on the commission’s website.

125 Amendment of s 33 (How electors must vote)

Section 33(1)—

omit, insert—

(1) An elector must vote in accordance with—

(a) if the elector votes using electronicallyassisted voting—the procedures approvedunder section 32B(3); or

(b) otherwise—subsection (2) or (3).

Page 99

[s 126]


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126 Amendment of s 36 (Preliminary processing of declaration envelopes and ballot papers)

Section 36(2)(c), from ‘the signature’ to ‘request and’—

omit.

127 Amendment of s 38 (Preliminary counting of ordinary votes)

(1) Section 38(2)(b)—

omit, insert—

(b) identify and keep in a separate parcel alldeclaration envelopes and all ballot papersprinted for electronically assisted votes; and

(2) Section 38—

insert—

(3) This section applies to votes received by thecommission under section 36 for an electoraldistrict in the same way, subject to any prescribedchanges and any other necessary changes, as itwould apply if the commission’s office were apolling booth for the electoral district.

(4) This section applies to pre-poll ordinary votesreceived by the commission for an electoraldistrict in the same way as it would apply if apre-poll voting office were a polling booth for theelectoral district, to the extent to which it isreasonably practicable for pre-poll ordinary votesto be counted on polling day and subject to anynecessary changes.

128 Amendment of s 39 (Official counting of votes)

Section 39(2)(b), after ‘envelopes’—

insert—

Page 100

[s 129]


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and ballot papers printed for electronically assistedvotes

129 Replacement of s 83 (Failure to post, fax or deliver documents for someone else)

Section 83—

omit, insert—

83 Failure to give the commission or returning officer a request

If a person is given a request in the approved formunder section 30 or 31 to give to the commission or areturning officer, the person must promptly give therequest to the commission or returning officer.



(1) Schedule 3—

insert—

pre-poll ordinary vote see section 24A(2).

pre-poll voting office, for an electoral district, seesection 24B(1)(a).

proof of identity document see the Electoral Act1992.

(2) Schedule 3, definition electoral visitor voter, ‘25(4)’—

omit, insert—

25(3)

(3) Schedule 3, definition ordinary postal voter, ‘25(2)’—

omit, insert—

25(1)(a)

Page 101

[s 131]

Justice and Other Legislation Amendment Bill 2014Part 29 Amendment of Supreme Court Library Act 1968

12

3

4

5

6

Clause 7

8

Clause 9

10

11

12

131415

161718

(4) Schedule 3, definition polling booth, ‘or a mobile pollingbooth’—

omit, insert—

, a mobile polling booth or a pre-poll voting office

Part 29 Amendment of Supreme Court Library Act 1968

131 Act amended

This part amends the Supreme Court Library Act 1968.

132 Insertion of new s 13B

Part 2—

insert—

13B Protection from liability of members

(1) A member of the committee is not civilly liablefor an act done, or omission made, in good faithunder this Act.

(2) If subsection (1) prevents a civil liabilityattaching to a member, the liability attachesinstead to the committee.

Page 102

[s 133]

Justice and Other Legislation Amendment Bill 2014Part 30 Amendment of Telecommunications Interception Act 2009

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2

3

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Clause 78

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11121314

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16

17

18

19

20

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2324

Part 30 Amendment of Telecommunications Interception Act 2009

133 Act amended

This part amends the Telecommunications Interception Act2009.

134 Amendment of s 14 (Eligible authority to keep documents connected with issue of warrants)

(1) Section 14—

insert—

(ga) each appointment of an officer of theeligible authority to be an authorising officermade under section 66(4) of theCommonwealth Act;

(2) Section 14(h), after ‘chief officer’—

insert—

or an authorising officer

(3) Section 14(ga) to (h)—

renumber as section 14(h) to (i).

Part 31 Amendment of Tourism and Events Queensland Act 2012

135 Act amended

This part amends the Tourism and Events Queensland Act2012.

Page 103

[s 136]

Justice and Other Legislation Amendment Bill 2014Part 31 Amendment of Tourism and Events Queensland Act 2012

Clause 12

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6

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20

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136 Replacement of pt 3 (Tourism and Events Queensland Employing Office)

Part 3—

omit, insert—

Part 3 Employees

32 Corporation may employ staff

(1) The corporation may employ staff.

(2) The corporation may decide the terms ofemployment of the employees of the corporation.

(3) Subsection (2) applies subject to any industrialinstrument that is relevant to the terms ofemployment of the employees.

(4) Employees of the employing office are employedunder this Act and not under the Public ServiceAct 2008.


industrial instrument has the meaning givenunder the Industrial Relations Act 1999.


Part 6—

insert—

Page 104

[s 138]

Justice and Other Legislation Amendment Bill 2014Part 32 Amendment of Trusts Act 1973

123

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5

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26

Clause 27

28

Division 3 Transitional provisions for Justice and Other Legislation Amendment Act 2014

53 Employees of former employing office

(1) This section applies to a person who,immediately before the commencement, was anemployee of the former employing office.

(2) On the commencement—

(a) the person becomes an employee of thecorporation on the same terms andconditions of employment applying to theperson immediately before thecommencement; and

(b) the person remains entitled to all rights ofemployment existing or accruingimmediately before the commencement,including recognition of the person’s lengthof service with the former employing officeand outstanding leave entitlements accruedup to the commencement.


former employing office means the employingoffice under this Act as in force immediatelybefore the commencement.

Part 32 Amendment of Trusts Act 1973

138 Act amended

This part amends the Trusts Act 1973.

Page 105

[s 139]

Justice and Other Legislation Amendment Bill 2014Part 32 Amendment of Trusts Act 1973

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139 Amendment of s 56 (Power to delegate trusts)

Section 56(1), ‘executed as a deed’—

omit.


After part 12—

insert—

Part 13 Validation provision for Justice and Other Legislation Amendment Act 2014

123 Validation of powers of attorney for the purposes of s 56


(a) before the commencement, a trusteepurported to give a power of attorney toanother person for the execution or exerciseof a matter under previous section 56; and

(b) the power of attorney was given in theapproved form under the Powers of AttorneyAct 1998, section 11.

(2) The power of attorney delegating to a person anyof the matters mentioned in section 56(1) is takento be, and to have always been, validly givenunder previous section 56.

Page 106

[s 141]

Justice and Other Legislation Amendment Bill 2014Part 33 Amendment of Vexatious Proceedings Act 2005

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2

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7

8

9

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18

19

Part 33 Amendment of Vexatious Proceedings Act 2005

141 Act amended

This part amends the Vexatious Proceedings Act 2005.

142 Amendment of s 12 (Dismissing application for leave)

Section 12(2)—

omit, insert—

(2) The Court may dismiss the application—

(a) without an oral hearing; or

(b) if the Court considers an oral hearing isnecessary—even if the applicant does notappear at the hearing.

(3) If the Court dismisses the application, the Courtmust give the applicant a copy of—

(a) the order dismissing the application; and

(b) the Court’s reasons.

143 Insertion of new pt 4A

After section 16—

insert—

Page 107

[s 144]

Justice and Other Legislation Amendment Bill 2014Part 34 Repeals

1

2

3

4

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Part 4A Transitional provision for Justice and Other Legislation Amendment Act 2014

16A Pre-amended Act continues to apply to particular applications made before commencement

(1) This section applies if, immediately before thecommencement, an application had been madeunder section 11 but not decided.

(2) This Act continues to apply in relation to theapplication as if the Justice and Other LegislationAmendment Act 2014 had not been enacted.

Part 34 Repeals

144 Repeals

The following Acts are repealed—

• Companies (Acquisition of Shares) (Application ofLaws) Act 1981, No. 47

• Companies and Securities (Interpretation andMiscellaneous Provisions) (Application of Laws) Act1981, No. 49

• Companies (Application of Laws) Act 1981, No. 110

• Futures Industry (Application of Laws) Act 1986, No.47

Page 108

[s 144]

Justice and Other Legislation Amendment Bill 2014Part 34 Repeals

12

• Securities Industry (Application of Laws) Act 1981, No.48.

© State of Queensland 2014

Authorised by the Parliamentary Counsel

Page 109

justice and other legislation amendment bill 2014

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