Courts of Conciliation Act Amendment Act 1988 (Qld)

21 ANNO TRICESIMO SEPTIMO ELIZA ET -IAE SECUNDAE R EGINAE No. 4 of 1988 An Act to amend The Co urts of Conciliation Acts, 1892 to 1931 in certain particulars [ASSENTED TO 7TH APRIL, 1988]

22 Courts of Conciliation Acts Amendment Act 1988, No. 4 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- 1. Short title. This Act may be cited as the Courts of Conciliation Acts Amendment Act 1988. 2. Commencement. (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Principal Act and citation as amended. (1) In this Act The Courts of Conciliation Act of 1892 as subsequently amended is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Courts of Conciliation Act 1892-1988. 4. Amendment of s. 2. Interpretation. Section 2 of the Principal Act is amended by- (a) in the definition "District" omitting the words " "The JusticesAct of 1886" for the purpose of Courts of Petty Sessions" and substituting the words "the Justices Act 1886-1987 for the purpose of Magistrates Courts"; (b) omitting the definition "Conciliation Justice" and substituting the following definitions:- " "Conciliation Justice"-A Stipendiary Magistrate, and any justice appointed to be a Conciliation Justice under section 3 (2); "Stipendiary Magistrate"-A Stipendiary Magistrate within the meaning of the Justices Act 1886-1987. ". 5. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) in subsection (1)- (i) in the note appearing in and at the beginning of the subsection, omitting the word "Police" and substituting the word " Stipendiary"; (ii) omitting the words "Police Magistrate or an acting Police Magistrate" (where they twice occur) and substituting in each case the words "Stipendiary Magistrate"; (b) in subsection (2), omitting the words "Justice of the Peace" and substituting the word "justice". 6. Amendment of s. 4. Tenure of office . Section 4 of the Principal Act is amended by omitting the words "Police Magistrate or acting Police Magistrate" and substituting the words "Stipendiary Magistrate".

Courts of Conciliation Acts Amendment Act 1988, No. 4 23 7. Amendm ent of s. 5. Oath of office. Section 5 of the Principal Act is amended by omitting the words " Police Magistrate or acting Police Magistrate" and substituting the words " Stipendiary Magistrate". 8. Amendment of s. 6. Either p arty to dispute may request conciliation proceedings . Section 6 of the Principal Act is amended by- (a) omitting the words " arises between two persons in respect of an alleged wrong or breach of contract , not being an indictable offence," and substituting the words "(whether justiciable before any court or not) arises between 2 persons in respect of a matter , not being an offence (whether indictable or not),"; (b) omitting the words " a Conciliation Justice for " and substituting the words " a Conciliation Justice being a Stipendiary Magistrate exercising jurisdiction in, or a person appointed under section 3 (2) for,". 9. Amendment of s. 8 . When action may be refused . Section 8 of the Principal Act is amended by omitting the words " Police Magistrate or acting Police Magistrate " ( where they twice occur ) and substituting in each case the words " Stipendiary Magistrate". 10. Amendment of s. 10. Fees . Section 10 of the Principal Act is amended by- (a) omitting the words " a fee not exceeding twenty shillings" and substituting the words " the fee prescribed by the regulations which fee shall be paid by him to the Consolidated Revenue Fund"; (b) omitting the proviso. 11. Amendment of s. 11. Summonses. Schedule. Section 11 of the Principal Act is amended by, in the second paragraph, omitting the words "in the same manner in which summonses are required to be served under "The Justices Act of 1886." " and substituting the following words:- Y- (a) posting ( by means of registered post) a copy thereof addressed to him at his place of residence or business last known to the person making the request under section 9 at least 21 days before the date on which that other party is, by the memorandum , required to attend; or (b) delivering a copy thereof to him personally or, if he cannot reasonably be found , by leaving a copy thereof with some person for him at his usual place of business or residence or place of business or residence last known to the person who serves the copy and memorandum.".

24 Courts of Conciliation Acts Amendment Act 1988, No. 4 12. Amendment of s. 12. Fine for non-attendance without notice. Section 12 of the Principal Act is amended by- (a) in the second paragraph, omitting the words "ten pounds" and substituting the expression "$250"; (b) in the third paragraph, omitting the words " "The Justices Act of 1886," " and substituting the words "the Justices Act 1886-1987". 13. Amendment of s. 16. Strangers not to be admitted. Section 16 of the Principal Act is amended by omitting the words "Police Magistrate or an acting Police Magistrate by virtue of his holding office as Police Magistrate or acting Police Magistrate," and substituting the words "Stipendiary Magistrate". 14. Amendment of s. 18. If agreement arrived at to be recorded. Section 18 of the Principal Act is amended by- (a) in the second paragraph, omitting all words from and including the words ", and may also provide" to and including the words "in the whole eighty shillings"; (b) omitting the proviso. 15. Amendment of s. 21. Preservation and custody of records . Section 21 of the Principal Act is amended by, in the second paragraph, omitting the words " constituted under "The Magistrates Courts Act of 1921" ". 16. Repeal of s. 25 and new ss. 25 and 26. Justice to retain fees. The Principal Act is amended by repealing section 25 and substituting the following sections:- "25. Remuneration of Conciliation Justice . (1) Subject to subsection (2), a Conciliation Justice shall be paid such fees in respect of the discharge of his functions and duties as the Governor in Council approves from time to time. (2) Fees shall not be paid to a Conciliation Justice who is a Stipendiary Magistrate or an officer of the Public Service of Queensland. 26. Regulations . The Governor in Council may make regulations not inconsistent with this Act providing for all matters that may be convenient for the administration of this Act or that may be necessary or expedient to achieve the objects and purposes of this Act.". 17. Amendment of Schedule . The Schedule to the Principal Act is amended by- (a) omitting the words "[No.300, Queen Street, or as the case may be]," and substituting the words "at ,";

Courts of Conciliation Acts Amendment Act 1988, No. 4 25 (b) omitting the expression "189" and substituting the expression "19 "• (c) omitting the words "Police Magistrate or acting Police Magistrate (as Conciliation Justice) or Conciliation Justice for the District of" and substituting the words "Conciliation Justice". 2