Court Funds Amendment Regulation (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 241 Court Funds Act 1973 COURT FUNDS AMENDMENT REGULATION (No. 1) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of s.4 (Forms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Replacement of s.5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5A Officers prescribed for making orders . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s.8 (Interest payable) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Amendment of s.9 (Computation of interest) . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Amendment of s.18 (Personal representative) . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Amendment of s.22 (Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 Amendment of s.33 (List of accounts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Omission of Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Court Funds Amendment (No. 1) No. 241, 1993 ˙ Short title 1. This regulation may be cited as the Court Funds Amendment Regulation (No. 1) 1993 . ˙ Commencement 2. This regulation commences on 1 July 1993. ˙ Amended regulation 3. The Court Funds Regulation 1988 is amended as set out in this regulation. ˙ Replacement of s.4 (Forms) 4. Section 4— omit, insert— ˙ ‘Approved forms ‘4.(1) If a provision of this regulation requires or permits a person to give a form in the approved form, the chief executive of the department must approve a form for the purpose of the provision. ‘(2) A person may ask a registrar for a document setting out an approved form. ‘(3) The registrar must promptly comply with the request. ’. ˙ Replacement of s.5 (Interpretation) 5. Section 5— omit, insert— ˙ ‘Definitions ‘5. In this regulation— “approved form” for a purpose means the form approved under section 4 for the purpose;

3 Court Funds Amendment (No. 1) No. 241, 1993 “Fund” means the Supreme Court Suitors’ Fund or the District Court Suitors’ Fund. ˙ ‘Officers prescribed for making orders ‘5A. For the purposes of the definition “order” in section 4 of the Act, each registrar and each taxing officer is a prescribed officer of the court. ’. ˙ Amendment of s.8 (Interest payable) 6. Section 8(1)— omit, insert— ‘8.(1) In this section— “3 month bank bill rate” on a relevant day means— (a) if on that day the average reference rate for a 3 month bank bill is quoted on the Reuters screen—that rate; or (b) in any other case—the rate calculated for that day under subsection (1A); “bank” means— (a) a bank as defined by section 5 of the Banking Act 1959 of the Commonwealth; or (b) a bank constituted under a law of a State or Territory; “relevant day” means— (a) in relation to the period from 1 January to 30 June in a year— (i) if 15 December in the previous year is a business day—that day; or (ii) if 15 December in the previous year is not a business day—the following business day; and (b) in relation to the period from 1 July to 31 December in a year— (i) if 15 June in the year is a business day—that day; or (ii) if 15 June in the year is not a business day—the following business day;

4 Court Funds Amendment (No. 1) No. 241, 1993 “Reuters screen” means the page numbered ‘BBSW’ on the electronic information service provided by AAP Reuters Economics Services. ‘(1A) If, on a relevant day, there is no average reference rate for a 3 month bank bill quoted on the Reuters screen, the chief executive of the department must calculate a “3 month bank bill rate” for the day, by— (a) obtaining from at least 5 banks that carry on business in Queensland the rate quoted as being the mean buying and selling rate for a 3 month bank bill on the day; and (b) eliminating the highest and lowest mean rate; and (c) taking the average of the remaining mean rates; and (d) rounding up the average to 4 decimal places. ‘(1B) Subject to subsection (1C), for the purposes of section 9(a) and (b) of the Act, the prescribed rate for a period is the 3 month bank bill rate on the day that is the relevant day in relation to the period, less 2%. ‘(1C) If the prescribed rate calculated under subsection (1B) is less than 0%, it is taken to be 0%. ’. ˙ Amendment of s.9 (Computation of interest) 7. Section 9(10)— omit, insert— ‘(10) The registrar must keep a ledger card in relation to all money in court. ’. ˙ Amendment of s.18 (Personal representative) 8. Section 18(2)— omit ‘ Form 2 of the Schedule hereto ’, insert ‘ the approved form ’. ˙ Amendment of s.22 (Costs) 9. Section 22(1)— omit, insert—

5 Court Funds Amendment (No. 1) No. 241, 1993 ‘22.(1) If an order directs that an amount of costs is to be taxed by a taxing officer and then paid to a person, the taxing officer who taxes the amount must— (a) complete a certificate in relation to the taxation; and (b) give the certificate to the person. ‘(1A) The person must file the certificate in the court. ‘(1B) After the certificate is filed in the court, the registrar may pay the amount in accordance with the order. ’. ˙ Amendment of s.33 (List of accounts) 10.(1) Section 33(1) to (4)— omit, insert— ‘33.(1) On or before 1 April in each year, the registrar must— (a) prepare— (i) a list complying with subsection (2); and (ii) a notice complying with subsection (3); and (b) file the list in court; and (c) display the list and the notice in the registry for at least 42 days; and (d) if the total amount of the money and securities mentioned in the list exceeds $1 000—publish the list and the notice in the Gazette and in a newspaper circulating generally in the district in which the court is situated. ‘(2) The list must be of all of the accounts that, on 1 January in the year, contained a credit representing an amount of securities or money that had not been dealt with, other than by investment or being credited with interest, over the period of 6 years before 1 January in the year. ‘(3) The notice must state that— (a) a person entitled to an amount mentioned in the list may apply to the court or a Judge of the court, on or before a specified day, to be given the security or paid the amount; and

6 Court Funds Amendment (No. 1) No. 241, 1993 (b) if an application is not made under paragraph (a), an order may be made that— (i) in the case of an amount of money—the amount be paid into the Consolidated Fund; or (ii) in the case of a security—the security be sold and the proceeds paid into the Consolidated Fund. ‘(4) The specified day mentioned in subsection (3)(a) must be at least 42 days after whichever of the following days is later— (a) the first day that the notice is displayed under subsection (1)(c); (b) the day of any publication under subsection (1)(d). ’. (2) Section 33(6) omit ‘ Notice referred to in subregulation (4) ’, insert ‘ notice mentioned in subsection (3) ’. (3) Section 33(9) omit ‘ notice referred to in subregulation (4) ’, insert ‘ notice mentioned in subsection (3) ’. ˙ Omission of Schedule 11. Schedule— omit . ENDNOTES 1. Made by the Governor in Council on 24 June 1993. 2. Notified in the Gazette on 25 June 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice and Attorney-General. The State of Queensland 1993