Justice and Other Legislation Amendment Act 2013 (Qld)

Queensland Justice and Other Legislation Amendment Act 2013 Act No. 35 of 2013

Queensland Justice and Other Legislation Amendment Act 2013 Contents Part 1 1 2 Part 2 3 4 Part 3 5 6 Part 4 7 8 9 10 11 12 13 14 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of Aboriginal and Torres Strait Islander LandHolding Act 2013 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Omission of s 139 (Amendment of s 32J (Land Court has power of the Supreme Court for particular purposes)) . . . . . . . . . . . . . . 13 Amendment of ActsInterpretationAct1954 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of sch 1 (Meaning of commonly used words and expressions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of Anti-DiscriminationAct1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 140 (Commissioner may reject or stay complaints dealt with elsewhere) . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 154A (Investigation of complaint) . . . . . . . . . . . 14 Amendment of s 168 (Frivolous etc. complaint lapses) . . . . . . . . 15 Insertion of new s 168A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 168A Complaint may lapse if dealt with elsewhere . . . . . . . 16 Amendment of s 169 (Complaint may lapse if complainant loses interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Replacement of s 170 (Complainant may withdraw complaint) . . 18 170 Complainant may withdraw complaint . . . . . . . . . . . . 18 Insertion of new ch 11, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Part 4 Transitional provisions for Justice and Other Legislation Amendment Act 2013 272 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Justice and Other Legislation Amendment Act 2013 Contents Part 5 15 16 17 18 19 Part 6 20 21 Part 7 22 23 24 25 Part 8 26 27 28 29 Part 9 30 Page 2 273 Application of amended ss 140 and 154A to a complaint made before commencement . . . . . . . . . . 274 Complainant can not make further complaint if complaint lapsed under former s 168 or 170 . . . . . . . 275 Application of s 168A to complaint accepted before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of AppealCostsFundAct1973 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (Appeal Costs Fund) . . . . . . . . . . . . . . . . . . . Amendment of s 6 (Appeal Costs Board). . . . . . . . . . . . . . . . . . . Replacement of s 9 (Staff) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Secretary and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Amendment of regulation—Justice and Other Legislation Amendment Act 2013. . . . . . . . . . . . . . . . Amendment of Appeal Costs Fund Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 12 (Fees payable to board members—Act, s 9(2)) ...................................... Amendment of Births,DeathsandMarriagesRegistrationAct2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 34 (The registrar) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 35 (The deputy registrar). . . . . . . . . . . . . . . . . . Insertion of new pt 9, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7 Transitional provision for Justice and Other Legislation Amendment Act 2013 66 Registrar and deputy registrar appointed before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of ChildEmploymentAct2006 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 8 (Meaning of work in relation to a child) . . . . . Insertion of new s 8C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8C Prohibition on inappropriate roles and situations . . . . Insertion of new s 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Effect of regulation amendment by Justice and Other Legislation Amendment Act 2013. . . . . . . . . . . Amendment of Child Employment Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20 20 20 21 21 21 21 22 22 22 22 23 23 23 23 24 24 24 24 25 26 26 27 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Contents 31 32 Part 10 33 34 Part 11 35 36 37 38 39 40 41 42 Part 11A 42A 42B Part 11B 42C 42D Part 12 43 44 Part 13 45 46 47 48 49 50 51 Omission of s 12 (Prohibition on inappropriate roles and situations) .................................. Amendment of s 25 (Employer’s duty about presence of parent). Amendment of Civil Proceedings Act 2011 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 237 (Insertion of new s 35A) . . . . . . . . . . . . . . . Amendment of CoronersAct2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 23 (Autopsy testing) . . . . . . . . . . . . . . . . . . . . . Amendment of pt 3, div 3, hdg (Inquests) . . . . . . . . . . . . . . . . . . Insertion of new s 46A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46A Publication of coroner’s findings or comments . . . . . . Insertion of new s 51A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51A Access of investigation documents under this division Amendment of s 54 (Access to investigation documents for other purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 62 (Access to physical evidence) . . . . . . . . . . . Insertion of new s 62A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62A Access to physical evidence exhibit . . . . . . . . . . . . . . Amendment of Corrective Services Act 2006 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 184 (Parole eligibility date for other prisoners) . Amendment of CriminalCode Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 23 (Intention—motive) . . . . . . . . . . . . . . . . . . . . Amendment of CriminalLaw(RehabilitationofOffenders)Act 1986 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 7 (Section 6 not applicable in certain cases). . . Amendment of Dispute Resolution Centres Act 1990 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . Omission of pt 2, hdg (Administration) . . . . . . . . . . . . . . . . . . . . . Omission of pt 2, div 1 (The council) . . . . . . . . . . . . . . . . . . . . . . Omission of pt 2, div 2, hdg (Staff of dispute resolution centre). . Relocation and renumbering of ss 18–21. . . . . . . . . . . . . . . . . . . Insertion of new pt 3, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 27 27 27 27 28 28 28 28 28 29 29 29 30 30 30 32 32 32 32 33 33 33 34 34 34 34 34 34 2013 Act No. 35 Page 3

Justice and Other Legislation Amendment Act 2013 Contents 52 53 54 55 56 57 58 59 Part 14 60 61 62 63 64 Part 15 65 66 67 68 Part 15A 68A 68B 68C Insertion of new pt 3, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 27AC (Staff). . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 35 (Exoneration from liability) . . . . . . . . . . . . . . Amendment of s 37 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 38 (Power to accept appointment). . . . . . . . . . . Insertion of new pt 6, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 6, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 6, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Justice and Other Legislation Amendment Act 2013 43 Continuation of obligations about disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of DistrictCourtofQueenslandAct1967 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 14 (Retirement of judges) . . . . . . . . . . . . . . . . . Amendment of s 17 (Acting judge) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 113 (Power of District Court on appeal from Magistrates Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Transitional provision for Justice and Other Legislation Amendment Act 2013. . . . . . . . . . . . . . . . Amendment of DomesticandFamilyViolenceProtectionAct2012 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 48 (Temporary protection order in relation to application for variation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Temporary protection order in relation to application for variation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 142 (Application of UniformCivilProcedureRules1999) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Procedure for proceeding under this Act . . . . . . . . . . Amendment of pt 8, div 1 (Service) . . . . . . . . . . . . . . . . . . . . . . . Amendment of DrugsMisuseAct1986 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (Trafficking in dangerous drugs) . . . . . . . . . . . Insertion of new pt 7, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 9 Provision for Justice and Other Legislation Amendment Act 2013 35 35 35 35 36 36 37 37 37 38 38 38 39 39 40 40 40 40 42 42 42 43 43 43 Page 4 2013 Act No. 35

Part 16 69 70 71 72 73 74 75 76 77 78 Part 17 79 80 Part 18 81 82 83 Justice and Other Legislation Amendment Act 2013 Contents 145 Transitional provision for offence of trafficking in dangerous drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Electronic Transactions (Queensland) Act2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Simplified outline) . . . . . . . . . . . . . . . . . . . . . Amendment of s 7A (Act does not apply to particular requirements etc.) ................................ Amendment of s 14 (Requirement for signature) . . . . . . . . . . . . . Amendment of s 15 (Other particular laws not affected) . . . . . . . Replacement of ss 23 to 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Time of dispatch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Time of receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Place of dispatch and receipt . . . . . . . . . . . . . . . . . . . Insertion of new ch 2, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 Additional provisions applying to contracts involving electronic communication 26A Application and operation of this part . . . . . . . . . . . . . 26B Invitation to treat regarding contracts . . . . . . . . . . . . . 26C Use of automated message system for contract formation—non-intervention of individual . . . 26D Error in electronic communication regarding contracts 26E Application of Act in relation to contracts . . . . . . . . . . Insertion of new ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 4 Transitional provision 28 Transitional provision for Justice and Other Legislation Amendment Act 2013. . . . . . . . . . . . . . . . Amendment of sch 1 (Excluded requirements and permissions) . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Evidence Act 1977 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 7 (Parties, their wives and husbands as witnesses) ................................... Amendment of Guardianship and Administration Act 2000 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 218 (Acting public advocate) . . . . . . . . . . . . . . . Amendment of s 231 (Appointment). . . . . . . . . . . . . . . . . . . . . . . 44 44 44 45 45 46 46 46 47 48 49 50 50 51 51 52 53 53 53 54 56 56 56 57 57 2013 Act No. 35 Page 5

Justice and Other Legislation Amendment Act 2013 Contents Part 19 84 85 Part 20 86 87 88 89 Part 21 90 91 92 93 94 Part 22 95 96 97 Part 23 98 99 100 101 102 103 Part 24 104 105 106 Page 6 Amendment of Information Privacy Act 2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 127 (Vexatious applicants) . . . . . . . . . . . . . . . . Amendment of Judges (Pensions and Long Leave) Act 1957 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2A (Length of service if previously an acting judge or master in Queensland) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2C (Minimum benefit payable). . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Judicial Remuneration Act 2007 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5A Retired acting Supreme Court judge . . . . . . . . . . . . . Amendment of s 9 (District Court judge other than the Chief Judge) .................................... Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A Retired acting District Court judge . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Justices Act 1886 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 104 (Proceedings upon an examination of witnesses in relation to an indictable offence) . . . . . . . . . . . . . . . Amendment of s 154 (Copies of record) . . . . . . . . . . . . . . . . . . . Amendment of Justices of the Peace and CommissionersforDeclarationsAct1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 13 (Register of justices of the peace and commissioners for declarations). . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 21 (Registration of justices of the peace and commissioners for declarations). . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 38 (Publication of office holders) . . . . . . . . . . . . Insertion of new s 38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38A Access to register. . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Land Court Act 2000 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (Jurisdiction of Land Court) . . . . . . . . . . . . . . Insertion of new s 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 57 58 58 58 59 59 59 59 61 61 61 62 62 62 63 63 64 64 64 65 65 65 66 66 66 2013 Act No. 35

107 108 109 110 111 112 113 114 115 116 117 118 Part 25 119 120 121 122 123 Part 26 124 124A 125 126 126A 127 Justice and Other Legislation Amendment Act 2013 Contents 7B Land Court order may be enforced in Supreme Court Amendment of s 12 (Power to rehear matters). . . . . . . . . . . . . . . Amendment of s 14 (Single member to constitute Land Court) . . Amendment of s 31 (Rehearing after judicial registrar’s decision) Amendment of s 32 (Judicial registrar may exercise certain judicial or quasi-judicial powers). . . . . . . . . . . . . . . . . . . . . . . . . . Amendment, relocation and renumbering of s 32J (Land Court has power of the Supreme Court for particular purposes) . . . . . . Amendment of s 34 (Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 36 (Preliminary conference) . . . . . . . . . . . . . . . Amendment of s 48 (Registrar, deputy registrars and other officers) ..................................... Amendment of s 52 (Court records) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 54 (Jurisdiction of Land Appeal Court) . . . . . . . Amendment of s 61 (President decides members for Land Appeal Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 65 (Notice of appeal). . . . . . . . . . . . . . . . . . . . . Amendment of Legal Aid Queensland Act 1997 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 19 (How Legal Aid may enforce a condition of an approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 46 (Power to enter into legal assistance arrangements and other agreements) . . . . . . . . . . . . . . . . . . . . . Omission of s 81 (Legal Aid not liable for particular acts or omissions of Legal Aid agents) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of LegalProfessionAct2007 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 357 (Application of pt 3.6) . . . . . . . . . . . . . . . . . Amendment of s 662 (Administrative support of the board) . . . . . Insertion of new s 662A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 662A Australian legal practitioner does not breach practising certificate by providing legal service to board . . . . . . Amendment of s 706 (Duty of relevant entities to report suspected offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 10, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 Transitional provisions for Justice and Other Legislation Amendment Act 2013 67 67 67 67 68 68 68 69 69 69 69 69 70 70 70 70 71 71 71 71 71 72 72 73 73 2013 Act No. 35 Page 7

Justice and Other Legislation Amendment Act 2013 Contents 127A Part 26A 127B 127C 127D Part 27 128 129 130 131 132 133 134 135 136 137 138 Part 28 139 140 Part 29 141 142 Part 29A 142A 142B 142C 142D Page 8 779 Application of amendments made by Justice and Other Legislation Amendment Act 2013. . . . . . . . . . . 780 Amendment of regulation by Justice and Other Legislation Amendment Act 2013. . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Legal Profession Regulation 2007 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 10 (Nature of incorporated legal practices) . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of MagistratesAct1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (Appointment of magistrates) . . . . . . . . . . . . . Amendment of s 5A (Appointment of acting Deputy Chief Magistrate) ................................... Amendment of s 11 (District Court judge appointed as Chief Magistrate) .................................. Amendment of s 12 (Functions of Chief Magistrate) . . . . . . . . . . Amendment of s 13 (Deputy Chief Magistrate) . . . . . . . . . . . . . . Amendment of s 14 (Functions of Deputy Chief Magistrate) . . . . Amendment of s 17 (Composition of advisory committee). . . . . . Amendment of s 19 (Presiding at meetings) . . . . . . . . . . . . . . . . Amendment of s 30 (Temporary transfer decisions about constituting Magistrates Courts). . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 53A (Appointment of acting judicial registrars) . Amendment of Magistrates Courts Act 1921 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 57C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57C Rule-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of PeacefulAssemblyAct1992 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 17 (Delegation of powers) . . . . . . . . . . . . . . . . 17 Limitation on delegation . . . . . . . . . . . . . . . . . . . . . . . Amendment of PenaltiesandSentencesAct1992 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 160A (Application of ss 160B–160D) . . . . . . . . Amendment of s 160C (Sentence of more than 3 years and not a serious violent offence, sexual offence or drug trafficking offence) 74 74 74 75 75 76 76 76 76 77 77 79 79 79 80 80 81 81 81 82 82 82 82 83 83 83 83 2013 Act No. 35

142E 142F 142G 142H Part 30 143 144 Part 31 145 146 147 148 149 150 151 152 153 154 155 156 157 158 Part 32 159 160 Part 33 161 162 Justice and Other Legislation Amendment Act 2013 Contents Amendment of s 160D (Sentence for a serious violent offence, sexual offence or drug trafficking offence) . . . . . . . . . . . . . . . . . . Amendment of s 160E (Automatic cancellation of parole release or eligibility dates). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 14, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7 Transitional provision for Justice and Other Legislation Amendment Act 2013 232 Transitional provision for sch 1 . . . . . . . . . . . . . . . . . . Amendment of sch 1 (Serious violent offences) . . . . . . . . . . . . . . Amendment of Personal Injuries Proceedings Act 2002 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 67A (Exemption from s 67(3) and (4)). . . . . . . . Amendment of QueenslandCivilandAdministrativeTribunal Act 2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 46 (Withdrawal of application or referral). . . . . . Amendment of s 50 (Decision by default for debt) . . . . . . . . . . . . Insertion of new s 50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50A Decision by default for unliquidated damages . . . . . . Amendment of s 51 (Setting aside decision by default) . . . . . . . . Amendment of s 122 (Request for written reasons) . . . . . . . . . . . Amendment of s 137 (Definitions for div 7) . . . . . . . . . . . . . . . . . Amendment of s 142 (Party may appeal) . . . . . . . . . . . . . . . . . . . Amendment of s 143 (Appealing or applying for leave to appeal) Insertion of new s 143A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143A Referring matter to tribunal to consider reopening . . . Amendment of s 151 (Appealing or applying for leave to appeal) Amendment of s 218 (Contempt of tribunal) . . . . . . . . . . . . . . . . Amendment of s 237 (Immunity of participants etc.) . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of RecordingofEvidenceAct1962 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of RighttoInformationAct2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 114 (Vexatious applicants) . . . . . . . . . . . . . . . . 84 84 84 85 85 85 85 86 86 87 87 87 88 88 89 89 89 90 90 91 91 91 92 93 93 93 93 2013 Act No. 35 Page 9

Justice and Other Legislation Amendment Act 2013 Contents Part 34 163 164 Part 35 165 166 167 Part 36 168 169 170 171 Part 37 172 173 Part 38 174 Schedule 1 Amendment of Statutory Instruments Act 1992 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2A (Subordinate legislation to which part 7 does not apply). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Succession Act 1981 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 2, div 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6A International wills 33YA Definitions for div 6A. . . . . . . . . . . . . . . . . . . . . . . . . . 33YB Application of Convention. . . . . . . . . . . . . . . . . . . . . . 33YC Persons authorised to act in connection with international wills . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33YD Witnesses to international wills . . . . . . . . . . . . . . . . . 33YE Application of Act to international wills . . . . . . . . . . . . Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 3 Annex to Convention providing a Uniform Law on the Form of an International Will 1973 Amendment of Supreme Court of Queensland Act 1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 6 (Acting judges) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 21 (Retirement of judges) . . . . . . . . . . . . . . . . . Amendment of s 85 (Rule-making power) . . . . . . . . . . . . . . . . . . Amendment of TrustsAct1973 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Other amendments Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LegalAidQueenslandAct1997. . . . . . . . . . . . . . . . . . . . . . . . . . RetirementVillagesAct1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 94 94 94 95 95 95 96 96 96 100 101 102 102 103 103 103 104 104 105 Page 10 2013 Act No. 35

Queensland Justice and Other Legislation Amendment Act 2013 Act No. 35 of 2013 An Act to amend the Aboriginal and Torres Strait Islander Land Holding Act2013, the Acts Interpretation Act 1954, the Anti-Discrimination Act 1991, the Appeal Costs Fund Act 1973, the Appeal Costs Fund Regulation 2010, the Births, Deaths and Marriages Registration Act 2003, the Child EmploymentAct 2006, the Child Employment Regulation 2006, the Civil Proceedings Act2011, the Coroners Act 2003, the Corrective Services Act 2006, the CriminalCode, the Criminal Law (Rehabilitation of Offenders) Act 1986, the DisputeResolution Centres Act 1990, the District Court of Queensland Act 1967, the Domestic and Family Violence Protection Act 2012, the Drugs Misuse Act1986, the Electronic Transactions (Queensland) Act 2001, the Evidence Act1977, the Guardianship and Administration Act 2000, the InformationPrivacy Act 2009, the Judges (Pensions and Long Leave) Act 1957, the Judicial Remuneration Act 2007, the Justices Act 1886, the Justices of thePeace and Commissioners for Declarations Act 1991, the Land Court Act2000, the Legal Aid Queensland Act 1997, the Legal Profession Act 2007, the Legal Profession Regulation 2007, the Magistrates Act 1991, the MagistratesCourts Act 1921, the Peaceful Assembly Act 1992, the Penalties andSentences Act 1992, the Personal Injuries Proceedings Act 2002, the Queensland Civil and Administrative Tribunal Act 2009, the Recording ofEvidence Act 1962, the Retirement Villages Act 1999, the Right toInformation Act 2009, the Statutory Instruments Act 1992, the SuccessionAct 1981, the Supreme Court of Queensland Act 1991 and the Trusts Act1973 for particular purposes [Assented to 29 August 2013]

Justice and Other Legislation Amendment Act 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Justice and Other Legislation Amendment Act 2013 . 2 Commencement The following provisions commence on a day to be fixed by proclamation— (a) part 3; (b) part 15; (c) part 28; (d) part 29; (e) part 31; (f) part 34; (g) part 35; (h) section 171; (i) part 37. Page 12 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 2 Amendment of Aboriginal and Torres Strait Islander Land Holding Act 2013 [s 3] Part 2 Amendment of Aboriginal and Torres Strait Islander Land Holding Act 2013 3 Act amended This part amends the AboriginalandTorresStraitIslanderLand Holding Act 2013 . 4 Omission of s 139 (Amendment of s 32J (Land Court has power of the Supreme Court for particular purposes)) Section 139— omit . Editor’s note — Legislation ultimately amended— • Land Court Act 2000 Part 3 Amendment of Acts Interpretation Act 1954 5 Act amended This part amends the Acts Interpretation Act 1954 . 6 Amendment of sch 1 (Meaning of commonly used words and expressions) Schedule 1, definition lawyer — omit, insert — lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 . 2013 Act No. 35 Page 13

Justice and Other Legislation Amendment Act 2013 Part 4 Amendment of Anti-Discrimination Act 1991 [s 7] Part 4 Amendment of Anti-Discrimination Act 1991 7 Act amended This part amends the Anti-Discrimination Act 1991 . 8 Amendment of s 140 (Commissioner may reject or stay complaints dealt with elsewhere) (1) Section 140(2)— renumber as section 140(3). (2) Section 140(1)— omit, insert — (1) The commissioner may reject or stay a complaint if— (a) there are concurrent proceedings in a court or tribunal in relation to the act or omission the subject of the complaint; or (b) the commissioner reasonably considers the act or omission that is the subject of the complaint may be effectively or conveniently dealt with by another entity. (2) The commissioner may also reject a complaint if the commissioner reasonably considers the act or omission the subject of the complaint has been adequately dealt with by another entity. (3) Section 140(3), as renumbered, ‘the Act’— omit, insert — this Act 9 Amendment of s 154A (Investigation of complaint) Section 154A, ‘accepted under section 141’— Page 14 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 4 Amendment of Anti-Discrimination Act 1991 [s 10] omit, insert — at any time after the complaint is received by the commissioner 10 Amendment of s 168 (Frivolous etc. complaint lapses) (1) Section 168(1)— omit, insert — (1) This section applies if, at any time after a complaint is accepted and before it is referred to the tribunal, the commissioner is of the reasonable opinion that the complaint is— (a) frivolous, trivial or vexatious; or (b) misconceived or lacking in substance. (1A) The commissioner must tell the complainant in writing that, unless the complainant is able to show to the commissioner’s satisfaction within 28 days that the complaint is not frivolous, trivial, vexatious, misconceived or lacking in substance— (a) the complaint will lapse; and (b) if the complaint lapses, the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint. (2) Section 168(3), ‘lapses.’— omit, insert — lapses, and the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint. (3) Section 168(1A) to (3)— renumber as section 168(2) to (4). 2013 Act No. 35 Page 15

Justice and Other Legislation Amendment Act 2013 Part 4 Amendment of Anti-Discrimination Act 1991 [s 11] 11 Insertion of new s 168A After section 168— insert— 168A Complaint may lapse if dealt with elsewhere (1) This section applies if after a complaint is accepted and before it is referred to the tribunal, the commissioner reasonably considers the act or omission the subject of the complaint— (a) has been adequately dealt with by another entity; or (b) may be effectively or conveniently dealt with by another entity. (2) The commissioner may give the complainant a notice (a show cause notice ) inviting the complainant to show cause why the complaint should not lapse. (3) A show cause notice must— (a) be in writing; and (b) state that the complaint may lapse unless the complainant is able to show to the commissioner’s satisfaction that the act or omission that is the subject of the complaint has not been adequately dealt with, or may not be effectively or conveniently dealt with, by another entity; and (c) state that if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and (d) state that the complainant may, within 28 days after receipt of the notice, make written representations to the commissioner about why the complaint should not lapse. Page 16 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 4 Amendment of Anti-Discrimination Act 1991 [s 12] (4) If, after considering any submissions made within the show cause period, the commissioner reasonably considers either of the following applies, the commissioner must give the complainant written notice that the complaint has lapsed— (a) the act or omission the subject of the complaint has been adequately dealt with by another entity; (b) the act or omission the subject of the complaint may be more effectively or conveniently dealt with by another entity. (5) If the commissioner gives the complainant a notice under subsection (4)— (a) the complaint lapses; and (b) the complainant can not make a further complaint relating to the act or omission the subject of the complaint. 12 Amendment of s 169 (Complaint may lapse if complainant loses interest) Section 169(1), ‘must’ to ‘continue with it.’— omit , insert — must tell the complainant in writing that— (a) the complaint will lapse unless the complainant indicates that the complainant wishes to continue with it; and (b) if the complaint lapses, the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint. 2013 Act No. 35 Page 17

Justice and Other Legislation Amendment Act 2013 Part 4 Amendment of Anti-Discrimination Act 1991 [s 13] 13 Replacement of s 170 (Complainant may withdraw complaint) Section 170— omit , insert — 170 Complainant may withdraw complaint (1) This section applies if a complainant gives the commissioner written notice that the complainant does not want to continue with the complaint. (2) The commissioner must— (a) give the complainant a written notice stating that— (i) the complaint will lapse at the end of 28 days after the notice is given (the relevant period ) unless the complainant gives the commissioner another written notice (a continuation notice ) that the complainant intends to continue with the complaint; and (ii) if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and (b) cease dealing with the complaint. (3) If the complainant gives the commissioner a continuation notice within the relevant period, the commissioner must resume dealing with the complaint. (4) If the complainant does not give the commissioner a continuation notice within the relevant period— (a) the complaint lapses on the day after the relevant period ends; and Page 18 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 4 Amendment of Anti-Discrimination Act 1991 [s 14] (b) the complainant can not make a further complaint relating to the act or omission the subject of the complaint. (5) If a complaint lapses under subsection (4), the commissioner must, as soon as practicable after the lapse, give the respondent written notice the complaint has lapsed. 14 Insertion of new ch 11, pt 4 After section 271— insert — Part 4 Transitional provisions for Justice and Other Legislation Amendment Act 2013 272 Definitions for pt 4 In this part— amended , for a provision, means the provision as amended by the Justice and Other Legislation Amendment Act 2013 . commencement means commencement of this section. 273 Application of amended ss 140 and 154A to a complaint made before commencement (1) This section applies to a complaint made to the commissioner that had not, before the commencement, been accepted, rejected or stayed. 2013 Act No. 35 Page 19

Justice and Other Legislation Amendment Act 2013 Part 5 Amendment of Appeal Costs Fund Act 1973 [s 15] (2) The Commissioner may deal with the complaint as if the complaint had been made after the commencement, including by— (a) rejecting or staying the complaint under amended section 140; or (b) investigating the complaint under amended section 154A. 274 Complainant can not make further complaint if complaint lapsed under former s 168 or 170 (1) This section applies to a complaint that, before the commencement, had lapsed under section 168(3) or 170(2). (2) The complainant can not make a further complaint in relation to the act or omission the subject of the complaint. 275 Application of s 168A to complaint accepted before commencement (1) This section applies to a complaint that, immediately before the commencement, had been accepted but not finally dealt with or referred to the tribunal. (2) Section 168A applies to the complaint as if it had been made after commencement. Part 5 Amendment of Appeal Costs Fund Act 1973 15 Act amended This part amends the Appeal Costs Fund Act 1973 . Page 20 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 5 Amendment of Appeal Costs Fund Act 1973 [s 16] 16 Amendment of s 5 (Appeal Costs Fund) (1) Section 5(1), ‘subject to the FinancialAdministrationandAudit Act 1977 , part 8, division 2’— omit . (2) Section 5(3), ‘sections 6(7)’— omit, insert — sections 6(6) and (8) (3) Section 5(3), ‘and the costs of administration’— omit, insert — , the costs of the staff employed under section 9 and the administration 17 Amendment of s 6 (Appeal Costs Board) (1) Section 6(6) and (7)— renumber as section 6(7) and (8). (2) Section 6— insert — (6) A member of the board is to be paid the fees and allowances prescribed under a regulation. 18 Replacement of s 9 (Staff) Section 9— omit, insert— 9 Secretary and staff (1) There may be a secretary, and staff, of the board. (2) The secretary and staff are to assist the board to perform the board’s functions. (3) The secretary and staff of the board are employed under the Public Service Act 2008 . 2013 Act No. 35 Page 21

Justice and Other Legislation Amendment Act 2013 Part 6 Amendment of Appeal Costs Fund Regulation 2010 [s 19] 19 Insertion of new s 30 Part 6— insert — 30 Amendment of regulation—Justice and Other Legislation Amendment Act 2013 The amendment of the Appeal Costs Fund Regulation 2010 by the Justice and Other Legislation Amendment Act 2013 does not affect the power of the Governor in Council to further amend the regulation or to repeal it. Part 6 Amendment of Appeal Costs Fund Regulation 2010 20 Regulation amended This part amends the Appeal Costs Fund Regulation 2010 . 21 Amendment of s 12 (Fees payable to board members—Act, s 9(2)) Section 12, heading, ‘s 9(2)’ omit, insert — s 6(6) Page 22 2013 Act No. 35

Part 7 Justice and Other Legislation Amendment Act 2013 Part 7 Amendment of Births, Deaths and Marriages Registration Act 2003 [s 22] Amendment of Births, Deaths and Marriages Registration Act 2003 22 Act amended This part amends the Births,DeathsandMarriagesRegistration Act 2003 . 23 Amendment of s 34 (The registrar) (1) Section 34(2) and (3)— renumber as section 34(3) and (4). (2) Section 34(1)— omit , insert — (1) There is to be a registrar-general (the registrar ). (2) The registrar is to be employed under the PublicService Act 2008 . 24 Amendment of s 35 (The deputy registrar) (1) Section 35(2) and (3)— renumber as section 35(3) and (4). (2) Section 35(1)— omit , insert — (1) There is to be a deputy registrar-general (the deputy registrar ). (2) The deputy registrar is to be employed under the Public Service Act 2008 . 25 Insertion of new pt 9, div 7 After section 65— 2013 Act No. 35 Page 23

Justice and Other Legislation Amendment Act 2013 Part 8 Amendment of Child Employment Act 2006 [s 26] insert — Division 7 Transitional provision for Justice and Other Legislation Amendment Act 2013 66 Registrar and deputy registrar appointed before commencement (1) This section applies to a person who, immediately before the commencement of this section, held office as registrar or deputy registrar. (2) From the commencement, the person continues to hold that office as if the person had been appointed after the commencement. Part 8 Amendment of Child Employment Act 2006 26 Act amended This part amends the Child Employment Act 2006 . 27 Amendment of s 8 (Meaning of work in relation to a child) Section 8(3), ‘section 8A’— omit , insert — sections 8A to 8C 28 Insertion of new s 8C After section 8B— insert — Page 24 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 8 Amendment of Child Employment Act 2006 [s 28] 8C Prohibition on inappropriate roles and situations (1) An employer must not require or permit a child to work in a role or situation that is inappropriate for the child, having regard to the child’s age, emotional and psychological development, maturity and sensitivity. Maximum penalty—100 penalty units. (2) Without limiting subsection (1), the child may not— (a) be exposed to scenes or situations that are likely to distress or embarrass the child; or (b) be made distressed to obtain a more realistic depiction of a particular emotional reaction; or (c) perform an act of an explicit sexual nature or be present in an area while another person performs an act of an explicit sexual nature; or (d) be present while another person is— (i) nude; or (ii) clothed or covered in another way so— (A) the person’s sexual organs or anus are visible; or (B) if the person is a female who is at least 5 years—her breasts are visible. (3) Subsection (2)(d) does not apply if— (a) the child is under 12 months; and (b) a parent of the child, who is not the employer of the child, has given the employer written consent to whichever of the following is relevant— 2013 Act No. 35 Page 25

Justice and Other Legislation Amendment Act 2013 Part 8 Amendment of Child Employment Act 2006 [s 29] (i) the child being present while the other person is nude; (ii) the child being present while the other person is clothed or covered in another way so the person’s sexual organs or anus are visible; (iii) the child being present while the other person is clothed or covered in another way so the person’s breasts are visible; and (c) a parent of the child is present while the child is present and the other person is as mentioned in subsection (2)(d)(i) or (ii). (4) However, a consent under subsection (3)(b)(ii) or (iii) need not cover all matters mentioned in the subsection so long as all matters in the subsection relevant to the work the child is to do are covered. 29 Insertion of new s 40 After section 39— insert — 40 Effect of regulation amendment by Justice and Other Legislation Amendment Act 2013 The amendment of the Child Employment Regulation 2006 by the Justice and Other Legislation Amendment Act 2013 does not affect the power of the Governor in Council to further amend the regulation or to repeal it. Page 26 2013 Act No. 35

Part 9 Justice and Other Legislation Amendment Act 2013 Part 9 Amendment of Child Employment Regulation 2006 [s 30] Amendment of Child Employment Regulation 2006 30 Regulation amended This part amends the Child Employment Regulation 2006 . 31 Omission of s 12 (Prohibition on inappropriate roles and situations) Section 12— omit . 32 Amendment of s 25 (Employer’s duty about presence of parent) Section 25(3), ‘section 8A(2)(c) of the Act or section 12(4)(c)’— omit, insert — section 8A(2)(c) or 8C(3)(c) of the Act Part 10 Amendment of Civil Proceedings Act 2011 33 Act amended This part amends the Civil Proceedings Act 2011 . 34 Amendment of s 237 (Insertion of new s 35A) Section 237, inserted section 35A(1), ‘, including by taking a copy of the document,’— omit . 2013 Act No. 35 Page 27

Justice and Other Legislation Amendment Act 2013 Part 11 Amendment of Coroners Act 2003 [s 35] Editor’s note — Legislation ultimately amended— • Justices of the Peace and Commissioners for Declarations Act 1991 Part 11 Amendment of Coroners Act 2003 35 Act amended This part amends the Coroners Act 2003 . 36 Amendment of s 23 (Autopsy testing) Section 23(5), after ‘blood’— insert — or urine 37 Amendment of pt 3, div 3, hdg (Inquests) Part 3, division 3, heading— omit, insert — Division 3 Inquests and investigations 38 Insertion of new s 46A After section 46— insert — 46A Publication of coroner’s findings or comments (1) If a coroner investigates a death at an inquest, the coroner must publish the following on the State Page 28 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 11 Amendment of Coroners Act 2003 [s 39] Coroner’s website unless the coroner orders otherwise— (a) the coroner’s findings; (b) if the coroner comments under section 46 on anything connected with the death—the coroner’s comments. (2) If a coroner investigated a death but did not hold an inquest, the coroner may direct that the coroner’s findings be published on the State Coroner’s website only if— (a) the coroner considers the publication is in the public interest; and (b) to the extent practicable, the coroner has consulted with and had regard to the views of a family member of the deceased person. Editor’s note — The State Coroner’s website is gov.au/courts/coroners-court/. 39 Insertion of new s 51A Part 3, division 4, before section 52— insert — 51A Access of investigation documents under this division This division provides for when a person may or may not have access to an investigation document. Note — An owner of an investigation document may also access the document under section 62. 40 Amendment of s 54 (Access to investigation documents for other purposes) Section 54(3)— 2013 Act No. 35 Page 29

Justice and Other Legislation Amendment Act 2013 Part 11 Amendment of Coroners Act 2003 [s 41] omit, insert — (3) The coroner may consent only if— (a) the coroner is satisfied the person has a sufficient interest in the document; or Example — A person with a sufficient interest in an investigation document might include— (a) an immediate member of the deceased person’s family; or (b) for a document that is relevant to assessing a potential threat to public health, the health chief executive. (b) the coroner— (i) considers the access is in the public interest; and (ii) to the extent practicable, has consulted with and had regard to the views of a family member of the deceased person. 41 Amendment of s 62 (Access to physical evidence) Section 62, heading, after ‘evidence’— insert — by owner 42 Insertion of new s 62A Part 3, division 5, after section 62— insert — 62A Access to physical evidence exhibit (1) This section applies if a person, other than the owner of physical evidence, wants to access a physical evidence exhibit. Page 30 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 11 Amendment of Coroners Act 2003 [s 42] (2) The person may access the physical evidence exhibit only if— (a) the coroner has given consent for the access; or (b) access to the physical evidence exhibit is necessary for the investigation or prosecution of an offence relating to a death and the person is— (i) a police officer; or (ii) someone else authorised by a police officer to access the exhibit for the investigation or prosecution. (3) The coroner may consent to a person having access to a physical evidence exhibit only if— (a) the coroner is satisfied the person has a sufficient interest in the physical evidence exhibit; or Example — A person with a sufficient interest in a physical evidence exhibit might include a person at an inquest who wants to access a physical evidence exhibit to conduct a test on the exhibit. (b) the coroner— (i) considers the access is in the public interest; and (ii) to the extent practicable, has consulted with and had regard to the views of a family member of the deceased person. (4) In this section— physical evidence exhibit means an exhibit, other than an investigation document, that was tendered at an inquest held by a coroner. 2013 Act No. 35 Page 31

Justice and Other Legislation Amendment Act 2013 Part 11A Amendment of Corrective Services Act 2006 [s 42A] Part 11A Amendment of Corrective Services Act 2006 42A Act amended This part amends the Corrective Services Act 2006 . 42B Amendment of s 184 (Parole eligibility date for other prisoners) Section 184(5), definition offence — insert — (d) a drug trafficking offence to which section 182A applies. Part 11B Amendment of Criminal Code 42C Code amended This part amends the Criminal Code. 42D Amendment of s 23 (Intention—motive) Section 23(1)— insert— Note — Parliament, in amending subsection (1)(b) by the Criminal Codeand Other Legislation Amendment Act 2011 , did not intend to change the circumstances in which a person is criminally responsible. Page 32 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 12 Amendment of Criminal Law (Rehabilitation of Offenders) Act 1986 [s 43] Part 12 Amendment of Criminal Law (Rehabilitation of Offenders) Act 1986 43 Act amended This part amends the CriminalLaw(RehabilitationofOffenders) Act 1986 . 44 Amendment of s 7 (Section 6 not applicable in certain cases) (1) Section 7(1)— insert — (e) a disclosure made under an Act of a record kept by a court or tribunal or an official record of a recording service. (2) Section 7— insert — (3) In this section— official record , of a recording service, means a record made under the Recording of Evidence Act1962 , section 4 by the recording service. Part 13 Amendment of Dispute Resolution Centres Act 1990 45 Act amended This part amends the Dispute Resolution Centres Act 1990 . 2013 Act No. 35 Page 33

Justice and Other Legislation Amendment Act 2013 Part 13 Amendment of Dispute Resolution Centres Act 1990 [s 46] 46 Amendment of s 2 (Interpretation) (1) Section 2, definitions council and member — omit. (2) Section 2, definition mediator , paragraph (b), ‘section 19’— omit, insert — section 27AB47 Omission of pt 2, hdg (Administration) Part 2, heading— omit. 48 Omission of pt 2, div 1 (The council) Part 2, division 1— omit. 49 Omission of pt 2, div 2, hdg (Staff of dispute resolution centre) Part 2, division 2, heading— omit. 50 Relocation and renumbering of ss 18–21 Sections 18 to 21— relocate and renumber in part 3, after section 27, as sections 27AA to 27AD. 51 Insertion of new pt 3, div 1, hdg Part 3, before section 22— insert — Page 34 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 13 Amendment of Dispute Resolution Centres Act 1990 [s 52] Division 1 Establishment and operation of dispute resolution centres 52 Insertion of new pt 3, div 2, hdg Part 3, immediately before section 27AA as relocated and renumbered— insert — Division 2 Staff of dispute resolution centres 53 Amendment of s 27AC (Staff) Section 27AC, as relocated and renumbered, ‘section 19’— omit, insert— section 27AB54 Amendment of s 35 (Exoneration from liability) (1) Section 35(1)(a) and (b)— omit . (2) Section 35(1)(c) and (d)— renumber as section 35(1)(a) and (b). (3) Section 35(5), ‘of a member or’— omit . (4) Section 35(5), ‘member or’— omit . 55 Amendment of s 37 (Secrecy) (1) Section 37(2)(e), ‘the council’— omit, insert— 2013 Act No. 35 Page 35

Justice and Other Legislation Amendment Act 2013 Part 13 Amendment of Dispute Resolution Centres Act 1990 [s 56] a director (2) Section 37(9), definition relevant person , paragraphs (a) to (f)— omit, insert— (a) a mediator; (b) a director; (c) a member of the staff of a dispute resolution centre; (d) a person making an evaluation under section 34, as in force at any time before its repeal; (e) a person carrying out research for, or with the approval of, a director. 56 Amendment of s 38 (Power to accept appointment) (1) Section 38(1)(a) and (b)— omit, insert— (a) holding that office and also the office of a mediator; or (b) keeping remuneration payable to the holder as a mediator. (2) Section 38(2), from ‘member of the council’ to ‘council or a’— omit. 57 Insertion of new pt 6, hdg After section 41— insert— Part 6 Transitional provisions Page 36 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 13 Amendment of Dispute Resolution Centres Act 1990 [s 58] 58 Insertion of new pt 6, div 1, hdg Immediately before section 42— insert— Division 1 Justice and Other Legislation Amendment Act 2008 59 Insertion of new pt 6, div 2 After section 42— insert— Division 2 Justice and Other Legislation Amendment Act 2013 43 Continuation of obligations about disclosure of information (1) Section 37, as in force immediately before the commencement of this section, continues to apply to each member of the former council, despite the amendment of that section by the Justice and Other Legislation Amendment Act 2013 . (2) In this section— former council means the council established under part 2, division 1 as in force before the commencement of this section. 2013 Act No. 35 Page 37

Justice and Other Legislation Amendment Act 2013 Part 14 Amendment of District Court of Queensland Act 1967 [s 60] Part 14 Amendment of District Court of Queensland Act 1967 60 Act amended This part amends the District Court of Queensland Act 1967 . 61 Amendment of s 14 (Retirement of judges) Section 14(2)— omit, insert — (2) Despite subsection (1)— (a) a judge who, before retiring, whether or not because of subsection (1), starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding; and (b) a retired District Court judge appointed to act as a judge under section 17(3) remains a judge until the judge’s appointment ends. 62 Amendment of s 17 (Acting judge) (1) Section 17(1), after ‘person’— insert — , other than a retired District Court judge, (2) Section 17— insert — (3) The Governor in Council may by commission appoint a retired District Court judge to act as a judge— (a) for a period of not more than 2 years; and (b) on a full-time or sessional basis. Page 38 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 14 Amendment of District Court of Queensland Act 1967 [s 63] (4) The Minister may recommend a retired District Court judge for appointment under subsection (3) only after consultation with the Chief Judge. (5) An appointment under subsection (3) must not extend beyond the day the retired District Court judge reaches 78 years of age. (6) A person appointed to act as a judge under this section— (a) may be appointed more than once; and (b) has, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge. (7) Despite subsection (5), a retired District Court judge who, before the judge’s commission ends, starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding. (8) In this section— retired District Court judge means a person who— (a) has been a judge of the District Court; and (b) has not reached 78 years of age. 63 Amendment of s 113 (Power of District Court on appeal from Magistrates Court) Section 113, from ‘Supreme Court’ to ‘leave to appeal’— omit, insert— Court of Appeal has to hear an appeal 64 Insertion of new s 150 After section 149— insert — 2013 Act No. 35 Page 39

Justice and Other Legislation Amendment Act 2013 Part 15 Amendment of Domestic and Family Violence Protection Act 2012 [s 65] 150 Transitional provision for Justice and OtherLegislation Amendment Act 2013 Section 113, as amended by the Justice and Other Legislation Amendment Act 2013 , applies only to actions, matters or proceedings commenced after the commencement of the section. Part 15 Amendment of Domestic and Family Violence Protection Act 2012 65 Act amended This part amends the DomesticandFamilyViolenceProtection Act 2012 . 66 Replacement of s 48 (Temporary protection order in relation to application for variation) Section 48— omit, insert— 48 Temporary protection order in relation to application for variation (1) This section applies if the court adjourns the hearing of an application for a variation of a domestic violence order (the first domestic violence order ). (2) The court may make a temporary protection order against a respondent only if the court is satisfied that the temporary protection order is necessary or desirable to protect the aggrieved, or another person named in the first domestic violence order, from domestic violence, pending a decision on the application for the variation. Page 40 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 15 Amendment of Domestic and Family Violence Protection Act 2012 [s 66] 2013 Act No. 35 (3) If the court makes a temporary protection order under subsection (2), the first domestic violence order is suspended. (4) The suspension starts when the respondent is served with a copy of the temporary protection order or when the temporary protection order otherwise becomes enforceable under section 177. (5) The suspension ends, and the first domestic violence order is revived— (a) when the court varies the first domestic violence order and the varied order takes effect under section 99; or (b) when the court refuses to vary the first domestic violence order and the respondent is told about the refusal; or (c) when the application for variation of the first domestic violence order is withdrawn and the respondent is told about the withdrawal. (6) For subsection (5)(b) or (c), the respondent may be told about the refusal or withdrawal— (a) if the respondent is present in court when the refusal or withdrawal happens—by the court; or (b) otherwise—by a police officer. (7) For subsection (6)(b), the respondent may be told by a police officer about the refusal or withdrawal in any way, including, for example, by telephone, email, SMS message, a social networking site or other electronic means. (8) When the first domestic violence order is revived— (a) it is enforceable against the respondent as if it had never been suspended; and Page 41

Justice and Other Legislation Amendment Act 2013 Part 15 Amendment of Domestic and Family Violence Protection Act 2012 [s 67] (b) despite anything in section 98, the temporary protection order made under subsection (2) ends. 67 Replacement of s 142 (Application of Uniform CivilProcedure Rules 1999) Section 142— omit, insert — 142 Procedure for proceeding under this Act (1) The Domestic and Family Violence Protection Rules made under the MagistratesCourtsAct1921 , section 57C apply for— (a) a proceeding in a court under this Act; or (b) the registry of a court in relation to a proceeding under this Act. (2) The Uniform Civil Procedure Rules 1999 apply to an appeal under this Act. (3) To remove any doubt, it is declared that the Childrens Court Rules 1997 and the UniformCivilProcedureRules1999 do not apply to a proceeding in a court under this Act. 68 Amendment of pt 8, div 1 (Service) Part 8, division 1, note— omit. Page 42 2013 Act No. 35

Part 15A Justice and Other Legislation Amendment Act 2013 Part 15A Amendment of Drugs Misuse Act 1986 [s 68A] Amendment of Drugs Misuse Act 1986 68A Act amended This part amends the Drugs Misuse Act 1986 . 68B Amendment of s 5 (Trafficking in dangerous drugs) Section 5— insert — (2) If a court sentences a person to a term of imprisonment for an offence against subsection (1), the court must make an order that the person must not be released from imprisonment until the person has served a minimum of 80% of the prisoner’s term of imprisonment for the offence. (3) Subsection (2) does not apply if the court sentences the person to a term of imprisonment and makes either of the following orders under the PenaltiesandSentencesAct1992 for the person— (a) an intensive correction order; (b) an order that the whole or a part of the term of imprisonment be suspended. 68C Insertion of new pt 7, div 9 After section 144— insert — 2013 Act No. 35 Page 43

Justice and Other Legislation Amendment Act 2013 Part 16 Amendment of Electronic Transactions (Queensland) Act 2001 [s 69] Division 9 Provision for Justice and Other Legislation Amendment Act 2013 145 Transitional provision for offence of trafficking in dangerous drugs Section 5(2) applies to an offence against that section only if the act or omission constituting the offence occurred wholly on or after 13 August 2013. Part 16 Amendment of Electronic Transactions (Queensland) Act 2001 69 Act amended This part amends the ElectronicTransactions(Queensland)Act 2001 . 70 Amendment of s 4 (Simplified outline) Section 4— insert — (2) Chapter 2, part 4 contains provisions applying to contracts involving electronic communications, including provisions (relating to the internet in particular) for the following— (a) an unaddressed proposal to form a contract is to be regarded as an invitation to make offers, rather than as an offer that if accepted would result in a contract; Page 44 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 16 Amendment of Electronic Transactions (Queensland) Act 2001 [s 71] (b) a contract formed automatically is not invalid, void or unenforceable because there was no human review or intervention; (c) a portion of an electronic communication containing an input error can be withdrawn in certain circumstances; (d) the application of certain provisions of chapter 2, parts 1 to 3 to contracts involving electronic communications to the extent they do not apply of their own force. 71 Amendment of s 7A (Act does not apply to particular requirements etc.) (1) Section 7A, heading ‘requirements’— omit, insert — transactions (2) Section 7A, ‘requirement or permission’— omit, insert — transaction, requirement, permission, electronic communication or other matter (3) Section 7A— insert — (2) A regulation may provide that this Act does not apply to a transaction, requirement, permission, electronic communication or other matter not mentioned in schedule 1. (3) A regulation made under subsection (2) expires 1 year after the regulation is made. 72 Amendment of s 14 (Requirement for signature) (1) Section 14(a), ‘approval of’— omit, insert — 2013 Act No. 35 Page 45

Justice and Other Legislation Amendment Act 2013 Part 16 Amendment of Electronic Transactions (Queensland) Act 2001 [s 73] intention in relation to (2) Section 14(b)— omit, insert — (b) the method used was either— (i) as reliable as appropriate for the purposes for which the electronic communication was generated or communicated, having regard to all the circumstances, including any relevant agreement; or (ii) proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence; and (3) Section 14— insert — (2) The reference in subsection (1) to a law that requires a signature includes a reference to a law that provides consequences for the absence of a signature. 73 Amendment of s 15 (Other particular laws not affected) Section 15(c), ‘approval of’— omit, insert — intention in relation to 74 Replacement of ss 23 to 25 Sections 23 to 25— omit, insert — 23 Time of dispatch (1) Unless otherwise agreed between the originator and the addressee of an electronic Page 46 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 16 Amendment of Electronic Transactions (Queensland) Act 2001 [s 74] communication, the time of dispatch of the electronic communication is— (a) the time when the electronic communication leaves an information system under the control of the originator or of the party who sent it on behalf of the originator; or (b) if the electronic communication has not left an information system under the control of the originator or of the party who sent it on behalf of the originator—the time the electronic communication is received by the addressee. (2) Subsection (1) applies even though the place the information system supporting an electronic address is located may be different from the place the electronic communication is taken to have been dispatched under section 25. 24 Time of receipt (1) Unless otherwise agreed between the originator and the addressee of an electronic communication— (a) the time of receipt of the electronic communication is the time the electronic communication becomes capable of being retrieved by the addressee at an electronic address designated by the addressee; or (b) the time of receipt of the electronic communication at another electronic address of the addressee is the time when both— (i) the electronic communication has become capable of being retrieved by the addressee at that address; and 2013 Act No. 35 Page 47

Justice and Other Legislation Amendment Act 2013 Part 16 Amendment of Electronic Transactions (Queensland) Act 2001 [s 74] (ii) the addressee has become aware that the electronic communication has been sent to that address. (2) For subsection (1), unless otherwise agreed between the originator and the addressee of the electronic communication, it is to be assumed that the electronic communication is capable of being retrieved by the addressee when it reaches the addressee’s electronic address. (3) Subsection (1) applies even though the place the information system supporting an electronic address is located may be different from the place the electronic communication is taken to have been received under section 25. 25 Place of dispatch and receipt (1) Unless otherwise agreed between the originator and the addressee of an electronic communication— (a) the electronic communication is taken to have been dispatched at the place the originator has its place of business; and (b) the electronic communication is taken to have been received at the place the addressee has its place of business. (2) For the application of subsection (1) to an electronic communication— (a) a party’s place of business is assumed to be the location indicated by the party, unless another party demonstrates the party making the indication does not have a place of business at that location; and (b) if a party has not indicated a place of business and has only one place of business, Page 48 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 16 Amendment of Electronic Transactions (Queensland) Act 2001 [s 75] it is to be assumed that place is the party’s place of business; and (c) if a party has not indicated a place of business and has more than one place of business, the place of business is that which has the closest relationship to the underlying transaction, having regard to the circumstances known to or contemplated by the parties at any time before or at the conclusion of the transaction; and (d) if a party has not indicated a place of business and has more than one place of business, but paragraph (c) does not apply—it is to be assumed the party’s principal place of business is the party’s only place of business; and (e) if a party is an individual and does not have a place of business—it is to be assumed the party’s place of business is the place of the party’s habitual residence. (3) A location is not a place of business merely because that is— (a) where equipment and technology supporting an information system used by a party are located; or (b) where the information system may be accessed by other parties. (4) The sole fact that a party makes use of a domain name or electronic mail address connected to a specific country does not create a presumption that its place of business is located in that country. 75 Insertion of new ch 2, pt 4 Chapter 2, after section 26— 2013 Act No. 35 Page 49

Justice and Other Legislation Amendment Act 2013 Part 16 Amendment of Electronic Transactions (Queensland) Act 2001 [s 75] insert — Part 4 Additional provisions applying to contracts involving electronic communication 26A Application and operation of this part This part applies to the use of electronic communications in connection with the formation or performance of a contract between parties where the proper law of the contract is (or would on its formation be) under the State law, and so applies— (a) whether some or all of the parties are located within Australia or elsewhere; and (b) whether the contract is for business purposes, for personal, family or household purposes, or for other purposes. Page 50 26B Invitation to treat regarding contracts (1) A proposal to form a contract made through one or more electronic communications that— (a) is not addressed to one or more specific parties; and (b) is generally accessible to parties making use of information systems; is to be considered as an invitation to make offers, unless it clearly indicates the intention of the party making the proposal to be bound in case of acceptance. (2) Subsection (1) extends to proposals that make use of interactive applications for the placement of orders through information systems. 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 16 Amendment of Electronic Transactions (Queensland) Act 2001 [s 75] 26C Use of automated message system for contract formation—non-intervention of individual A contract formed by— (a) the interaction of an automated message system and an individual; or (b) the interaction of automated message systems; is not invalid, void or unenforceable on the sole ground that no individual reviewed or intervened in each of the individual actions carried out by the automated message systems or the resulting contract. 26D Error in electronic communication regarding contracts (1) This section applies in relation to a statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract. (2) If— (a) an individual makes an input error in an electronic communication exchanged with the automated message system of another party; and (b) the automated message system does not provide the person with an opportunity to correct the error; the person, or the party on whose behalf the person was acting, has the right to withdraw the portion of the electronic communication in which the input error was made if— (c) the person, or the party on whose behalf the person was acting, notifies the other party of 2013 Act No. 35 Page 51

Justice and Other Legislation Amendment Act 2013 Part 16 Amendment of Electronic Transactions (Queensland) Act 2001 [s 75] the error as soon as possible after having learned of the error and indicates that the person made an error in the electronic communication; and (d) the person, or the party on whose behalf the person was acting, has not used or received any material benefit or value from the goods or services, if any, received from the other party. (3) The right of withdrawal of a portion of an electronic communication under this section is not of itself a right to rescind or otherwise terminate a contract. (4) The consequences (if any) of the exercise of the right of withdrawal of a portion of an electronic communication under this section are to be determined in accordance with any applicable rule of law. Page 52 26E Application of Act in relation to contracts (1) Subject to subsection (2), sections 8 and 23 to 25 apply to— (a) a transaction constituted by or relating to a contract; or (b) an electronic communication relating to the formation of a performance of a contract; in the same way as they apply to a transaction or electronic communication referred to in those provisions. (2) However, this part (including subsection (1)) does not apply to or in relation to a contract to the extent that— (a) parts 1 to 3 would of their own force have the same effect as this part if this part applied; or 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 16 Amendment of Electronic Transactions (Queensland) Act 2001 [s 76] (b) a law of another State (that is in substantially the same terms as parts 1 to 3) would of its own force have the same effect as this part if this part applied. 76 Insertion of new ch 4 After section 27— insert — Chapter 4 Transitional provision 28 Transitional provision for Justice and Other Legislation Amendment Act 2013 (1) Subject to subsection (2)— (a) section 26B extends to proposals made before the commencement; and (b) section 26C extends to interactions carried out before the commencement; and (c) section 26D extends to statements, declarations, demands, notices or requests, including offers and acceptance of offers, made or given before the commencement. (2) Subsection (1) and chapter 2, part 4 do not apply in relation to contracts formed before the commencement. (3) In this section— commencement means the commencement of this section. 77 Amendment of sch 1 (Excluded requirements and permissions) (1) Schedule 1, heading, ‘requirements and permissions’— omit, insert — 2013 Act No. 35 Page 53

Justice and Other Legislation Amendment Act 2013 Part 16 Amendment of Electronic Transactions (Queensland) Act 2001 [s 78] transactions (2) Schedule 1— insert — 8 transactions on a regulated exchange 9 foreign exchange transactions 10 inter-bank payment systems, agreements or clearance and settlement systems relating to securities or other financial assets or instruments 11 the transfer of security rights in the sale, loan or holding of or agreement to repurchase securities or other financial assets or instruments held with an intermediary 12 bills of exchange 13 promissory notes 14 consignment notes 15 bills of lading 16 warehouse receipts 17 any transferable document or other instrument that entitles the bearer or beneficiary to claim the delivery of goods or payment of a sum of money 78 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions place of business and transaction — omit . (2) Schedule 2— insert — addressee , of an electronic communication, means a person who is intended by the originator to receive the electronic communication, but does not include a person acting as an intermediary for the electronic communication. Page 54 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 16 Amendment of Electronic Transactions (Queensland) Act 2001 [s 78] 2013 Act No. 35 automated message system means a computer program or an electronic or other automated means used to initiate an action or respond to data messages in whole or in part, without review or intervention by an individual each time an action is initiated or a response is generated by the system. originator , of an electronic communication, means a person by whom, or on whose behalf, the electronic communication has been sent or generated before storage, if any, but does not include a person acting as an intermediary for the electronic communication. performance , of a contract, includes non-performance of the contract. place of business means— (a) in relation to a person, other than an entity referred to in paragraph (b)—a place where the person maintains a non-transitory establishment to pursue an economic activity other than the temporary provision of goods or services out of a specific location; or (b) in relation to a government, an authority of a government or a non-profit body—a place where any operations or activities are carried out by that government, authority or body. transaction includes— (a) any transaction in the nature of a contract, agreement or other arrangement; and (b) any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or Page 55

Justice and Other Legislation Amendment Act 2013 Part 17 Amendment of Evidence Act 1977 [s 79] performance of a contract, agreement or other arrangement; and (c) any transaction of a non-commercial nature. Part 17 Amendment of Evidence Act 1977 79 Act amended This part amends the Evidence Act 1977 . 80 Amendment of s 7 (Parties, their wives and husbands as witnesses) Section 7— insert— (3) To remove any doubt, it is declared for subsections (1) and (2) that a party to a proceeding includes a person who is the subject of an inquiry, reference or examination. Part 18 Amendment of Guardianship and Administration Act 2000 81 Act amended This part amends the GuardianshipandAdministrationAct2000 . Page 56 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 19 Amendment of Information Privacy Act 2009 [s 82] 82 Amendment of s 218 (Acting public advocate) (1) Section 218, ‘Governor in Council’— omit, insert— Minister (2) Section 218— (2) A person appointed under subsection (1) may be appointed for a period of not more than 6 months. 83 Amendment of s 231 (Appointment) Section 231(2), ‘or part-time’— omit, insert— , part-time or casual Part 19 Amendment of Information Privacy Act 2009 84 Act amended This part amends the Information Privacy Act 2009 . 85 Amendment of s 127 (Vexatious applicants) (1) Section 127(6)— renumber as section 127(8). (2) Section 127— insert — (6) The commissioner may publish— (a) a declaration and the reasons for making the declaration; and 2013 Act No. 35 Page 57

Justice and Other Legislation Amendment Act 2013 Part 20 Amendment of Judges (Pensions and Long Leave) Act 1957 [s 86] (b) a decision not to make a declaration and the reasons for the decision. (7) The commissioner may publish the name of a person the subject of a declaration under subsection (1) when publishing the declaration and the reasons for making it. Part 20 Amendment of Judges (Pensions and Long Leave) Act 1957 86 Act amended This part amends the Judges (Pensions and Long Leave) Act1957 . 87 Amendment of s 2A (Length of service if previously an acting judge or master in Queensland) Section 2A(a) and (b)— omit, insert — (a) an acting Supreme Court judge, other than service as a retired acting Supreme Court judge; (b) an acting District Court judge, other than service as a retired acting District Court judge; 88 Amendment of s 2C (Minimum benefit payable) Section 2C(4)— insert — Page 58 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 21 Amendment of Judicial Remuneration Act 2007 [s 89] acting District Court judge includes a retired acting District Court judge. acting Supreme Court judge includes a retired acting Supreme Court judge. 89 Amendment of schedule (Dictionary) Schedule— insert — retired acting District Court judge means a retired District Court judge appointed to act as a judge under the District Court of Queensland Act1967 , section 17(3). retired acting Supreme Court judge means a retired Supreme Court judge appointed to act as a judge under the SupremeCourtofQueenslandAct 1991 , section 6(1), (2) or (4). Part 21 Amendment of Judicial Remuneration Act 2007 90 Act amended This part amends the Judicial Remuneration Act 2007 . 91 Insertion of new s 5A After section 5— insert — 5A Retired acting Supreme Court judge (1) A retired acting Supreme Court judge appointed to act as a judge on a full-time basis is entitled to be paid, for a financial year, an amount 2013 Act No. 35 Page 59

Justice and Other Legislation Amendment Act 2013 Part 21 Amendment of Judicial Remuneration Act 2007 [s 91] equivalent to the amount payable to a Supreme Court judge under sections 5 and 21, less the amount the retired judge receives as a pension. (2) A retired acting Supreme Court judge appointed to act as a judge on a sessional basis is entitled to be paid an amount decided by the Governor in Council and stated in the judge’s commission of appointment as a judge. (3) The amount decided under subsection (2) must not be less than the amount worked out using the formula— A=B–C where— A is the minimum amount that a retired judge is entitled to be paid. B is the amount a Supreme Court judge would be entitled to be paid, on a pro rata basis, under sections 5 and 21 for the same period the retired judge sits as a judge. C is the amount the retired judge receives as a pension for the period the retired judge sits as a judge. Note — For the remuneration of an acting judge who is not a retired acting Supreme Court judge, see the SupremeCourt of Queensland Act 1991 , section 6(9). (4) In this section— retired acting Supreme Court judge means a retired Supreme Court judge appointed to act as a judge under the SupremeCourtofQueenslandAct 1991 , section 6(1), (2) or (4). Page 60 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 21 Amendment of Judicial Remuneration Act 2007 [s 92] 92 Amendment of s 9 (District Court judge other than the Chief Judge) (1) Section 9, heading, after ‘Judge’— insert — or retired acting District Court judge (2) Section 9, ‘Chief Judge,’— omit, insert — Chief Judge or a retired acting District Court judge, 93 Insertion of new s 9A After section 9— insert — 9A Retired acting District Court judge (1) A retired acting District Court judge appointed to act as a judge on a full-time basis is entitled to be paid, for a financial year, an amount equivalent to the amount payable to a District Court judge under sections 9 and 21, less the amount the retired judge receives as a pension. (2) A retired acting District Court judge appointed to act as a judge on a sessional basis is entitled to be paid an amount decided by the Governor in Council and stated in the judge’s commission of appointment as a judge. (3) The amount decided under subsection (2) must not be less than the amount worked out using the formula— A=B–C where— A is the minimum amount that a retired judge is entitled to be paid. 2013 Act No. 35 Page 61

Justice and Other Legislation Amendment Act 2013 Part 29 Amendment of Peaceful Assembly Act 1992 [s 141] 57C Rule-making power (1) The Governor in Council may make rules of court providing for the practices and procedure of— (a) a proceeding in a court under the Domesticand Family Violence Protection Act 2012 ; or (b) a registry of a court in relation to a proceeding under that Act. (2) A rule may only be made with the consent of the Chief Magistrate. (3) Rules of court made under this section are to be called the Domestic and Family Violence Protection Rules . (4) In this section— court see the DomesticandFamilyViolenceProtection Act 2012 , section 6. Part 29 Amendment of Peaceful Assembly Act 1992 141 Act amended This part amends the Peaceful Assembly Act 1992 . 142 Replacement of s 17 (Delegation of powers) Section 17— omit, insert— 17 Limitation on delegation The Commissioner’s powers under this Act may be delegated only to a police officer who is of the rank of sergeant or higher. Page 82 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 29A Amendment of Penalties and Sentences Act 1992 [s 142A] Note — Under the PoliceServiceAdministrationAct1990 , section 4.10, the Commissioner has the power to delegate the Commissioner’s powers. Part 29A Amendment of Penalties and Sentences Act 1992 142A Act amended This part amends the Penalties and Sentences Act 1992. 142B Amendment of s 4 (Definitions) Section 4, definition drug trafficking offence — omit . 142C Amendment of s 160A (Application of ss 160B–160D) Section 160A(4), example— omit , insert — Examples — • Criminal Code, section 305(2) and (4) • Drugs Misuse Act 1986 , section 5(2) and (3) 142D Amendment of s 160C (Sentence of more than 3 years and not a serious violent offence, sexual offence or drug trafficking offence) Section 160C, heading— omit , insert — 2013 Act No. 35 Page 83

Justice and Other Legislation Amendment Act 2013 Part 29A Amendment of Penalties and Sentences Act 1992 [s 142E] 160C Sentence of more than 3 years and not a serious violent offence or sexual offence 142E Amendment of s 160D (Sentence for a serious violent offence, sexual offence or drug trafficking offence) (1) Section 160D, heading— omit , insert — 160D Sentence for a serious violent offence or sexual offence (2) Section 160D(1), ‘, a sexual offence or a drug trafficking offence’— omit , insert — or a sexual offence 142F Amendment of s 160E (Automatic cancellation of parole release or eligibility dates) Section 160E(1)(b)(i) and (2)(b)(i), ‘, a sexual offence or a drug trafficking offence’— omit , insert — or a sexual offence 142G Insertion of new pt 14, div 7 After section 231— insert — Page 84 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 30 Amendment of Personal Injuries Proceedings Act 2002 [s 142H] Division 7 Transitional provision for Justice and Other Legislation Amendment Act 2013 232 Transitional provision for sch 1 Schedule 1, as amended by the Justice and Other Legislation Amendment Act 2013 , is taken to have had effect on and from 13 August 2013. 142H Amendment of sch 1 (Serious violent offences) (1) Schedule 1, under the heading ‘Drugs Misuse Act 1986’, items 1 and 2— renumber as items 2 and 3. (2) Schedule 1, under the heading ‘Drugs Misuse Act 1986’— insert— 1 section 5 (Trafficking in dangerous drugs), if the act or omission constituting the offence wholly or partly occurred before 13 August 2013 Part 30 Amendment of Personal Injuries Proceedings Act 2002 143 Act amended This part amends the Personal Injuries Proceedings Act 2002 . 144 Amendment of s 67A (Exemption from s 67(3) and (4)) Section 67A(2), definition community legal service — omit, insert — 2013 Act No. 35 Page 85

Justice and Other Legislation Amendment Act 2013 Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 145] community legal service see the LegalProfession Act 2007 , schedule 2. Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009 145 Act amended This part amends the QueenslandCivilandAdministrativeTribunal Act 2009 . 146 Amendment of s 46 (Withdrawal of application or referral) (1) Section 46(2)— renumber as section 46(3). (2) Section 46(1)— omit, insert— (1) An applicant may, in the way stated in the rules, withdraw the applicant’s application or referral for a matter before the matter is heard and decided by the tribunal. (2) However, if the application or referral is made under any of the following, the applicant may withdraw the application or referral only with the leave of the tribunal— (a) the Child Protection Act 1999 ; (b) the DisabilityServicesAct2006 , section 123ZK(8) or 123ZN(5); (c) the GuardianshipandAdministrationAct2000 ; (d) the Powers of Attorney Act 1998 . Page 86 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 147] 147 Amendment of s 50 (Decision by default for debt) (1) Section 50, heading, after ‘debt’— insert— or liquidated demand of money (2) Section 50(2), ‘an order in favour of the applicant (a decision by default )’— omit, insert— a decision by default 148 Insertion of new s 50A After section 50— insert— 50A Decision by default for unliquidated damages (1) This section applies if— (a) a person has applied to the tribunal to recover an amount consisting of, or including, unliquidated damages from a person (the respondent ); and (b) an enabling Act that is an Act, or the rules, states that the respondent must respond to the application within a stated period; and (c) the respondent has not responded to the application within the stated period. (2) The applicant may, in the way stated in the rules, apply to the tribunal for a decision by default conditional on the assessment by the tribunal of the unliquidated damages. (3) The application may also include a claim for— (a) any liquidated amount claimed in the application starting the proceeding; and 2013 Act No. 35 Page 87

Justice and Other Legislation Amendment Act 2013 Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 149] (b) interest on the liquidated amount claimed at the rate the tribunal considers appropriate; and (c) the fee paid for the application; and (d) legal costs based on a scale stated in the rules. (4) The principal registrar may decide the application. (5) If a decision by default is given under subsection (4)— (a) the decision is taken to be a final decision of the tribunal in the proceeding; and (b) the tribunal must assess the unliquidated damages. (6) The applicant must prove the respondent has been given a copy of the application before a decision by default may be made under this section. 149 Amendment of s 51 (Setting aside decision by default) Section 51, ‘under section 50’— omit. 150 Amendment of s 122 (Request for written reasons) Section 122— insert— (4) However, the tribunal is not required to comply with a request for written reasons for a decision made under section 51, 54(1), 55(1), 56(1), 57, 61(1), 62(1) or (3), 63(1) or (4) or 64(1). Page 88 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 151] 151 Amendment of s 137 (Definitions for div 7) (1) Section 137, heading, ‘Definitions’— omit, insert— Definition (2) Section 137, definition reopening ground — omit . 152 Amendment of s 142 (Party may appeal) (1) Section 142(2)(b)— renumber as section 142(2)(c). (2) Section 142(2)— insert— (b) a decision to set aside a decision by default under section 51; 153 Amendment of s 143 (Appealing or applying for leave to appeal) Section 143(5), definition relevant day , paragraphs (a) and (b)— omit, insert — (a) if a person makes an application under part 7, division 5, 6 or 7 about the decision being appealed against within 28 days after the person is given written reasons for the decision—the day that application is finally dealt with under that division; or (b) if written reasons have not been given for the decision being appealed against and reasons have not been requested under section 122 or are not required to be given—the day the person received notice of the decision; or 2013 Act No. 35 Page 89

Justice and Other Legislation Amendment Act 2013 Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 154] (c) the day the person is given written reasons for the decision being appealed against. 154 Insertion of new s 143A After section 143— insert— 143A Referring matter to tribunal to consider reopening (1) This section applies if— (a) an application or appeal is filed under section 143; and (b) the appeal tribunal considers— (i) the reasons for the application or appeal may constitute a reopening ground for the applicant or appellant in the proceeding to which the application or appeal relates; and (ii) the application or appeal could be more effectively or conveniently dealt with if it were taken to be an application under part 7, division 7 for a proceeding to be reopened. (2) The appeal tribunal may refer the matter to the tribunal to decide whether the proceeding should be reopened. (3) If the appeal tribunal refers the matter— (a) the applicant or appellant is taken— (i) to have made an application for the proceeding to be reopened under section 138; and (ii) not to have made an application or appeal under section 143; and Page 90 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 155] (b) the appeal tribunal must give notice of the referral to— (i) each party to the proceeding; and (ii) any other person the tribunal reasonably considers should be given notice of the referral. 155 Amendment of s 151 (Appealing or applying for leave to appeal) Section 151(3), definition relevant day , paragraphs (a) and (b)— omit, insert — (a) if a person makes an application under part 7, division 5, 6 or 7 about the decision being appealed against within 28 days after the person is given written reasons for the decision—the day that application is finally dealt with under that division; or (b) if written reasons have not been given for the decision being appealed against and reasons have not been requested under section 122 or are not required to be given—the day the person received notice of the decision; or (c) the day the person is given written reasons for the decision being appealed against. 156 Amendment of s 218 (Contempt of tribunal) Section 218(1)(b) and (d), ‘or mediation’— omit, insert— , mediation or conciliation 157 Amendment of s 237 (Immunity of participants etc.) (1) Section 237(3), from ‘A’ to ‘a mediator’— 2013 Act No. 35 Page 91

Justice and Other Legislation Amendment Act 2013 Part 31 Amendment of Queensland Civil and Administrative Tribunal Act 2009 [s 158] omit, insert— A mediator or conciliator has, in the performance of the mediator’s or conciliator’s functions as a mediator or conciliator (2) Section 237(11)— insert— assessor includes a person appointed by the tribunal to assess costs under the rules. conciliator means a person who conducts conciliation under the rules. 158 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions decision by default and reopening ground — omit . (2) Schedule 3— insert — decision by default , in relation to an application made under section 50(2) or 50A(2) claiming a debt, liquidated demand of money or unliquidated damages, means an order in favour of the applicant for the debt, liquidated demand or unliquidated damages claimed. reopening ground , for a party to a proceeding, means— (a) the party did not appear at the hearing of the proceeding and had a reasonable excuse for not attending the hearing; or (b) the party would suffer a substantial injustice if the proceeding was not reopened because significant new evidence has arisen and that evidence was not reasonably available when the proceeding was first heard and decided. Page 92 2013 Act No. 35

Part 32 Justice and Other Legislation Amendment Act 2013 Part 32 Amendment of Recording of Evidence Act 1962 [s 159] Amendment of Recording of Evidence Act 1962 159 Act amended This part amends the Recording of Evidence Act 1962 . 160 Amendment of s 4 (Definitions) Section 4, definition legal proceeding , ‘or examination, but not including an arbitration’— omit, insert — , arbitration heard by the industrial commission, or examination Part 33 Amendment of Right to Information Act 2009 161 Act amended This part amends the Right to Information Act 2009 . 162 Amendment of s 114 (Vexatious applicants) (1) Section 114(6)— renumber as section 114(8). (2) Section 114— insert — (6) The commissioner may publish— (a) a declaration and the reasons for making the declaration; and 2013 Act No. 35 Page 93

Justice and Other Legislation Amendment Act 2013 Part 34 Amendment of Statutory Instruments Act 1992 [s 163] (b) a decision not to make a declaration and the reasons for the decision. (7) The commissioner may publish the name of a person the subject of a declaration under subsection (1) when publishing the declaration and the reasons for making it. Part 34 Amendment of Statutory Instruments Act 1992 163 Act amended This part amends the Statutory Instruments Act 1992 . 164 Amendment of sch 2A (Subordinate legislation to which part 7 does not apply) Schedule 2A, entry for rules of court, after the third dot point— insert — • the Magistrates Courts Act 1921 Part 35 Amendment of Succession Act 1981 165 Act amended This part amends the Succession Act 1981 . 166 Insertion of new pt 2, div 6A After section 33Y— Page 94 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 35 Amendment of Succession Act 1981 [s 166] insert — Division 6A International wills 33YA Definitions for div 6A In this division— convention means the Convention providing a Uniform Law on the Form of an International Will 1973 signed in Washington on 26 October 1973. international will means a will made in accordance with the requirements of the annex to the convention. 33YB Application of Convention (1) The annex to the convention has the force of law in this jurisdiction. (2) A copy of the annex to the convention is set out in schedule 3. 33YC Persons authorised to act in connection with international wills (1) In this division, the following persons are authorised to act in connection with an international will— (a) an Australian legal practitioner; (b) a public notary of a State; (c) a person authorised to act in connection with an international will under a law of a convention country. (2) In this section— Australian legal practitioner see the LegalProfession Act 2007 , section 6. 2013 Act No. 35 Page 95

Justice and Other Legislation Amendment Act 2013 Part 35 Amendment of Succession Act 1981 [s 167] convention country means a country, other than Australia and its Territories, that is a party to the convention. 33YD Witnesses to international wills The conditions for acting as a witness to an international will are governed by the law of this jurisdiction. Note — For the relevant provisions of this Act, see sections 10 (How a will must be executed) and 11 (When an interested witness may benefit from a disposition). 33YE Application of Act to international wills To avoid doubt, it is declared that the provisions of this Act that apply to wills extend to international wills. 167 Insertion of new sch 3 After schedule 2— insert — Page 96 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 35 Amendment of Succession Act 1981 [s 167] Schedule 3 Annex to Convention providing a Uniform Law on the Form of an International Will 1973 section 33YB ANNEX UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL Article 1 1. A will shall be valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the provisions set out in Articles 2 to 5 hereinafter. 2. The invalidity of the will as an international will shall not affect its formal validity as a will of another kind. Article 2 This law shall not apply to the form of testamentary dispositions made by two or more persons in one instrument. Article 3 1. The will shall be made in writing. 2. It need not be written by the testator himself. 3. It may be written in any language, by hand or by any other means. Article 4 1. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof. 2. The testator need not inform the witnesses, or the authorized person, of the contents of the will. 2013 Act No. 35 Page 97

Justice and Other Legislation Amendment Act 2013 Part 35 Amendment of Succession Act 1981 [s 167] Article 5 1. In the presence of the witnesses and of the authorized person, the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature. 2. When the testator is unable to sign, he shall indicate the reason therefor to the authorized person who shall make note of this on the will. Moreover, the testator may be authorized by the law under which the authorized person was designated to direct another person to sign on his behalf. 3. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator. Article 6 1. The signatures shall be placed at the end of the will. 2. If the will consists of several sheets, each sheet shall be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered. Article 7 1. The date of the will shall be the date of its signature by the authorized person. 2. This date shall be noted at the end of the will by the authorized person. Article 8 In the absence of any mandatory rule pertaining to the safekeeping of the will, the authorized person shall ask the testator whether he wishes to make a declaration concerning the safekeeping of his will. If so and at the express request of the testator the place where he intends to have his will kept shall be mentioned in the certificate provided for in Article 9. Article 9 The authorized person shall attach to the will a certificate in the form prescribed in Article 10 establishing that the obligations of this law have been complied with. Article 10 The certificate drawn up by the authorized person shall be in the following form or in a substantially similar form: Page 98 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 35 Amendment of Succession Act 1981 [s 167] CERTIFICATE (Convention of October 26, 1973) 1. I, .................................................. (name, address and capacity), a person authorized to act in connection with international wills 2. Certify that on ............................. (date) at ............................. (place) 3. (testator).................................................. (name, address, date and place of birth) in my presence and that of the witnesses 4. (a) .................................................. (name, address, date and place of birth) (b) .................................................. (name, address, date and place of birth) has declared that the attached document is his will and that he knows the contents thereof. 5. I furthermore certify that: 6. (a) in my presence and in that of the witnesses (1) the testator has signed the will or has acknowledged his signature previously affixed. *(2) following a declaration of the testator stating that he was unable to sign his will for the following reason....................................................................... —I have mentioned this declaration on the will *—the signature has been affixed by............................. (name, address) 7. (b) the witnesses and I have signed the will; 8.* (c) each page of the will has been signed by ............................. and numbered; 9. (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above; 10. (e) the witnesses met the conditions requisite to act as such according to the law under which I am acting; 11.* (f) the testator has requested me to include the following statement concerning the safekeeping of his will:................................................................................. 2013 Act No. 35 Page 99

Justice and Other Legislation Amendment Act 2013 Part 36 Amendment of Supreme Court of Queensland Act 1991 [s 168] 12. PLACE 13. DATE 14. SIGNATURE and, if necessary, SEAL Article 11 The authorized person shall keep a copy of the certificate and deliver another to the testator. Article 12 In the absence of evidence to the contrary, the certificate of the authorized person shall be conclusive of the formal validity of the instrument as a will under this Law. Article 13 The absence or irregularity of a certificate shall not affect the formal validity of a will under this Law. Article 14 The international will shall be subject to the ordinary rules of revocation of wills. Article 15 In interpreting and applying the provisions of this law, regard shall be had to its international origin and to the need for uniformity in its interpretation. *To be completed if appropriate Part 36 Amendment of Supreme Court of Queensland Act 1991 168 Act amended This part amends the Supreme Court of Queensland Act 1991 . Page 100 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 36 Amendment of Supreme Court of Queensland Act 1991 [s 169] 169 Amendment of s 6 (Acting judges) (1) Section 6(4) to (6)— renumber as section 6(9) to (11). (2) Section 6— insert — (4) The Governor in Council may by commission appoint a retired Supreme Court judge to act as a judge— (a) for a period of not more than 2 years; and (b) on a full-time or sessional basis. (5) The Minister may recommend a retired Supreme Court judge for appointment under subsection (4) only after consultation with the Chief Justice. (6) An appointment under subsection (4) must not extend beyond the day the retired judge reaches 78 years of age. (7) A person appointed to act as a judge under this section— (a) may be appointed more than once; and (b) has, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge. (8) Despite subsection (6), a retired Supreme Court judge who, before the judge’s commission ends, starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding. (3) Section 6(9), as renumbered, ‘person who’— omit, insert — person, other than a retired Supreme Court Judge appointed under subsection (1), (2) or (4), who (4) Section 6(9), as renumbered— 2013 Act No. 35 Page 101

Justice and Other Legislation Amendment Act 2013 Part 36 Amendment of Supreme Court of Queensland Act 1991 [s 170] insert — Note — For the remuneration of a retired Supreme Court judge who acts as a judge, see the Judicial Remuneration Act2007 , section 5A. (5) Section 6— insert — (12) In this section— retired Supreme Court judge means a person who— (a) has been a judge of the Supreme Court; and (b) has not reached 78 years of age. 170 Amendment of s 21 (Retirement of judges) Section 21(2)— omit, insert — (2) Despite subsection (1)— (a) a judge who, before retiring, whether or not because of subsection (1), starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding; and (b) a retired Supreme Court judge appointed to act as a judge under section 6(4) remains a judge until the judge’s appointment ends. 171 Amendment of s 85 (Rule-making power) Section 85(1)— insert — Note — See the Magistrates Courts Act 1921, section 57C, for the rules of court for a proceeding, other than an appeal, Page 102 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Part 37 Amendment of Trusts Act 1973 [s 172] under the Domestic and Family Violence Protection Act2012 . Part 37 Amendment of Trusts Act 1973 172 Act amended This part amends the Trusts Act 1973 . 173 Amendment of s 5 (Definitions) Section 5, definition public accountant , paragraphs (c) and (d), ‘an institute prescribed under the Corporations Act, section 1280(2)’— omit, insert — a university or institute prescribed under the Corporations Act, section 1280(2A) Part 38 Other amendments 174 Acts amended in sch 1 Schedule 1 amends the Acts it mentions. 2013 Act No. 35 Page 103

Justice and Other Legislation Amendment Act 2013 Schedule 1 Schedule 1 Acts amended section 174 Legal Aid Queensland Act 1997 1 Sections 5(2), 8, 9, 17(2)(a), 29, 33(1)(a), 34, 35 and 40, ‘Legal Aid agent’— omit, insert — Legal Aid service provider 2 Part 2, division 5, heading, ‘Legal Aid agents’— omit, insert — Legal Aid service providers 3 Sections 29, 34, 35 and 40, ‘the agent’— omit, insert — the service provider 4 Section 29(2), ‘the agent’s’ omit, insert — the service provider’s 5 Sections 29(3) and 33(2), ‘The agent’— omit, insert — The service provider Page 104 2013 Act No. 35

Justice and Other Legislation Amendment Act 2013 Schedule 1 6 Section 29(7), ‘An agent’— omit, insert — A service provider 7 Section 33(3), ‘agent’— omit, insert — service provider 8 Part 2, division 8, heading, ‘Legal Aid agents’’— omit, insert — Legal Aid service provider’s 9 Sections 40(3) and 44(1)(d), ‘Legal Aid agents’— omit, insert — Legal Aid service providers Retirement Villages Act 1999 10 Schedule, definition mediator , paragraph (a), ‘ Dispute Resolution Centres Act 1990 , section 19’— omit, insert — Dispute Resolution Centres Act 1990 , section 27AB © State of Queensland 2013 Authorised by the Parliamentary Counsel 2013 Act No. 35 Page 105