Justice and Other Legislation (Miscellaneous Provisions) Act (No. 2) 1997 (Qld)

Queensland JUSTICE AND OTHER LEGISLATION (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1997 Act No. 82 of 1997

Queensland JUSTICE AND OTHER LEGISLATION (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1997 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 Amended Acts—schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 2—AMENDMENT OF ASSOCIATIONS INCORPORATION ACT 1981 4 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Amendment of s 56 (Subsequent annual general meetings) . . . . . . . . . . . . 11 6 Amendment of s 59 (Audit and statement) . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 3—AMENDMENT OF BURIALS ASSISTANCE ACT 1965 7 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8 Amendment of s 4 (Cost of burial or cremation) . . . . . . . . . . . . . . . . . . . . . 11 9 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4A Charge on account with financial institution . . . . . . . . . . . . . . . . . . . 11 PART 4—AMENDMENT OF CLASSIFICATION OF COMPUTER GAMES AND IMAGES ACT 1995 10 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11 Amendment of s 19 (Sale of unclassified computer games prohibited) . . . 13 12 Amendment of s 32 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Insertion of new s 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 71 Reprint to omit attachment not forming part of Act . . . . . . . . . . . . . 14

2 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 5—AMENDMENT OF CLASSIFICATION OF FILMS ACT 1991 15 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 16 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 6—AMENDMENT OF CLASSIFICATION OF PUBLICATIONS ACT 1991 17 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 18 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 19 Insertion of new pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 2A—PROTECTION OF CHILDREN AND FAMILIES BY CONDITIONS FOR DISPLAYING CERTAIN UNRESTRICTED PUBLICATIONS 11A Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 11B Protection of children and families by order prohibiting display of unrestricted publication unless certain parts of its cover are concealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 11C Publications for which display order may be made . . . . . . . . . . . . . 17 11D Lifting of display order, and appeal rights and procedure . . . . . . . . 18 11E Register of display orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20 Insertion of new s 20C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 20C Offence to contravene a display order for an unrestricted publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 PART 7—AMENDMENT OF THE COOPERATIVES ACT 1997 21 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 Amendment of s 245 (Name to include certain matter) . . . . . . . . . . . . . . . . 21 PART 8—AMENDMENT OF CRIMES (CONFISCATION) ACT 1989 23 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 24 Amendment of s 51 (Provisions concerning the public trustee) . . . . . . . . . 21 25 Amendment of sch 2 (Serious offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART 9—AMENDMENT OF DIRECTOR OF PUBLIC PROSECUTIONS ACT 1984 26 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 27 Amendment of s 11 (Powers of Director) . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

3 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 28 Insertion of new s 24A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 24A Prohibition on disclosure of information . . . . . . . . . . . . . . . . . . . . . . 23 PART 10—AMENDMENT OF DISTRICT COURTS ACT 1967 29 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 30 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 31 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 32 Amendment of pt 2 (Courts, judges, registries and officers) . . . . . . . . . . . . 25 PART 2—COURT, JUDGES, REGISTRIES AND OFFICERS Division 1—Court 4 Establishment of the District Court . . . . . . . . . . . . . . . . . . . . . . . . . . 25 5 Members and constitution of Court . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 Where the Court may be held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 7 Declaration of districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 Court to be a court of record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8A Statewide jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8B Seals of the court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 33 Omission of s 16 (Retirement of judge) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 34 Insertion of new s 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 139 Transitional—establishment of the District Court . . . . . . . . . . . . . . . 27 PART 11—AMENDMENT OF EVIDENCE ACT 1977 35 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 36 Amendment of s 105 (Certified reproductions of certain official documents etc. to be admissible without further proof) . . . . . . . . . . . . . . . . 29 PART 12—AMENDMENT OF FAIR TRADING ACT 1989 37 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 38 Amendment of s 82 (Compliance with information standard) . . . . . . . . . . . 29 39 Amendment of s 84 (Compliance with safety standard) . . . . . . . . . . . . . . . 29 PART 13—AMENDMENT OF GIRL GUIDES ASSOCIATION ACT 1970 40 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 41 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 42 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

4 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 43 Amendment of s 2 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 44 Amendment of s 3 (Incorporation of the Council) . . . . . . . . . . . . . . . . . . . . 30 45 Amendment of s 4 (Registration of Royal Charters and constitution) . . . . 31 46 Amendment of s 6 (Transfer of property to corporation) . . . . . . . . . . . . . . . 31 47 Amendment of s 7 (Dealing with property by the corporation) . . . . . . . . . . 31 48 Amendment of s 9 (Custody and use of the seal) . . . . . . . . . . . . . . . . . . . . . 31 49 Amendment of s 10 (Service of notices) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 50 Amendment of s 11 (Receipts etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 51 Insertion of new s 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 14 Transitional consequential on change to Girl Guides Association (Queensland, Australia) . . . . . . . . . . . . . . . . . . . . . . . . . 32 PART 14—AMENDMENT OF JUSTICES ACT 1886 52 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 53 Amendment of s 22B (Magistrates Court districts) . . . . . . . . . . . . . . . . . . . 33 54 Amendment of s 53 (When justice may issue summons) . . . . . . . . . . . . . . 33 55 Insertion of new s 53A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 53A Power, after summons issued, to order mediation . . . . . . . . . . . . . . . 33 56 Amendment of s 54 (Form of summons and filing of complaint and summons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 57 Amendment of s 98B (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 58 Insertion of new pt 4A, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 98BA Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 59 Amendment of s 98N (Reminder notices) . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 60 Amendment of s 147A (Power of justices to reopen proceedings and rectify orders)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 61 Replacement of s 159 (The sum allowed for costs to be specified in the conviction or order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 159 Amount allowed for costs to be stated in conviction or order . . . . . 36 62 Amendment of s 179 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 63 Amendment of s 222 (Appeal to a single judge) . . . . . . . . . . . . . . . . . . . . . 37 PART 15—AMENDMENT OF JUVENILE JUSTICE ACT 1992 64 Act amended in pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 65 Amendment of s 55 (Infringement notices) . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 16—AMENDMENT OF LAW REFORM COMMISSION ACT 1968 66 Act amended in pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 67 Amendment of s 3 (Constitution of Commission) . . . . . . . . . . . . . . . . . . . . . 38 PART 17—AMENDMENT OF LEGAL AID QUEENSLAND ACT 1997 68 Act amended in pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 69 Amendment of s 80 (Protection from liability) . . . . . . . . . . . . . . . . . . . . . . . 39 70 Amendment of s 82 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 PART 18—AMENDMENT OF MOBILE HOMES ACT 1989 71 Act amended in pt 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 72 Amendment of s 4 (Particulars of agreement) . . . . . . . . . . . . . . . . . . . . . . . 39 73 Amendment of s 12E (Warrants—applications made otherwise than in person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 PART 19—AMENDMENT OF PENALTIES AND SENTENCES ACT 1992 74 Act amended in pt 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 75 Insertion of new s 146A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 146A Summons or warrant for offender whose sentence of imprisonment has been suspended . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 PART 20—AMENDMENT OF PRISONERS (INTERSTATE TRANSFER) ACT 1982 76 Act amended in pt 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 77 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 78 Insertion of new ss 2A and 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 2A Meaning of “joint prisoner” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 2B Meaning of “sentence of imprisonment” . . . . . . . . . . . . . . . . . . . . . . 43 PART 21—AMENDMENT OF PUBLIC TRUSTEE ACT 1978 79 Act amended in pt 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 80 Amendment of s 97B (Application of unclaimed superannuation benefit provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 81 Amendment of section 98 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 82 Amendment of s 116 (Funds held by Public Trustee to be transferred) . . . 44

6 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 22—AMENDMENT OF QUEENSLAND LAW SOCIETY ACT 1952 83 Act amended in pt 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 84 Insertion of new s 6MA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 6MA Application for directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 85 Insertion of new s 6ADA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 6ADA Tribunal may engage staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 86 Amendment of s 6V (Form of order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 87 Amendment of section 6Y (Service of orders) . . . . . . . . . . . . . . . . . . . . . . . 46 88 Amendment of s 24B (Practitioners to notify clients about non-liability of fund for certain mortgages) . . . . . . . . . . . . . . . . . . . . . . . . . . 46 PART 23—AMENDMENT OF SECURITY PROVIDERS ACT 1993 89 Act amended in pt 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 90 Amendment of s 41 (Power to require information from certain persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 PART 24—AMENDMENT OF TRAVEL AGENTS ACT 1988 91 Act amended in pt 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 92 Amendment of section 45 (Powers of entry etc.) . . . . . . . . . . . . . . . . . . . . . 48 93 Insertion of new ss 45A to 45H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 45A Entry of place by authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . 48 45B Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 45C Warrants—applications made otherwise than in person . . . . . . . . . . 50 45D Authorised officer’s general powers in a place . . . . . . . . . . . . . . . . . 51 45E Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . 52 45F Procedure after thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 45G Obstructing etc. authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . 54 45H Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 45I Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 45J Evidence of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 PART 25—AMENDMENT OF TRUSTS ACT 1973 94 Act amended in pt 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 95 Amendment of s 21 (Authorised investments) . . . . . . . . . . . . . . . . . . . . . . . 56

7 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 57 MINOR AMENDMENTS ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 BILLS OF SALE AND OTHER INSTRUMENTS ACT 1955 . . . . . . . . . . . 57 COLLECTIONS ACT 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 COMMISSIONS OF INQUIRY ACT 1950 . . . . . . . . . . . . . . . . . . . . . . . . . . 58 CONSUMER CREDIT CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 COOPERATIVES ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 CRIMINAL CODE ACT 1899 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 CRIMINAL LAW AMENDMENT ACT 1945 . . . . . . . . . . . . . . . . . . . . . . . 64 ELECTORAL ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 FAIR TRADING ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 67 LAND SALES ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 LAW REFORM ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 LEGAL PRACTITIONERS ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 PAWNBROKERS ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 PRIMARY PRODUCERS ORGANISATION AND MARKETING ACT 1926 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 RETIREMENT VILLAGES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 SECOND-HAND DEALERS AND COLLECTORS ACT 1984 . . . . . . . . . . 70 SMALL CLAIMS TRIBUNALS ACT 1973 . . . . . . . . . . . . . . . . . . . . . . . . . 71 STORAGE LIENS ACT 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 SUPREME COURT OF QUEENSLAND ACT 1991 . . . . . . . . . . . . . . . . . . 72 SUPREME COURT ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

Queensland Justice and Other Legislation (Miscellaneous Provisions) Act (No. 2) 1997 Act No. 82 of 1997 An Act to amend various Acts administered by the Attorney-General and Minister for Justice and for other purposes [Assented to 5 December 1997]

s 1 10 s 4 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 The Parliament of Queensland enacts— PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Justice and Other Legislation (Miscellaneous Provisions) Act (No. 2) 1997 . ˙ Commencement 2.(1) The following provisions of this Act commence on the date of assent— • parts 3, 7 to 13, 16 to 21, 23 and 25 • the schedule. (2) The remaining provisions commence on a day to be fixed by proclamation. ˙ Amended Acts—schedule 3. The schedule amends the Acts mentioned in it. PART 2—AMENDMENT OF ASSOCIATIONS INCORPORATION ACT 1981 ˙ Act amended in pt 2 4. This part amends the Associations Incorporation Act 1981 .

s 5 11 s 9 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ˙ Amendment of s 56 (Subsequent annual general meetings) 5. Section 56(b), ‘3 months’— omit, insert— ‘6 months’. ˙ Amendment of s 59 (Audit and statement) 6. Section 59(1), ‘3 months’— omit, insert— ‘6 months’. PART 3—AMENDMENT OF BURIALS ASSISTANCE ACT 1965 ˙ Act amended in pt 3 7. This part amends the Burials Assistance Act 1965 . ˙ Amendment of s 4 (Cost of burial or cremation) 8. Section 4(2), after ‘chief executive’— insert— ‘on behalf of the State’. ˙ Insertion of new s 4A 9. After section 4— insert— ˙ ‘ Charge on account with financial institution ‘ 4A.(1) Any funds standing to the credit of the deceased, or the

s 9 12 s 9 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 deceased’s personal representative, with a financial institution at or after the time a notice is given to a financial institution under this section are charged in the hands of the financial institution from the time the notice is given or the time the funds come into the institution’s hands, as the case may be. ‘ (2) However, funds held on a joint account or as a trustee, other than as the deceased’s personal representative, are not subject to the charge. ‘ (3) The charge attaches to secure payment of the following— (a) the expenses recoverable under section 4(2); (b) any costs awarded in a proceeding to recover the expenses; (c) any proper costs of enforcing a judgement in the proceeding. ‘ (4) A charge under this section is lower in priority than any earlier charge unless the earlier charge provides otherwise. ‘ (5) The chief executive may give a written notice to a financial institution about the charge. ‘ (6) The notice about the charge must state the following— (a) the notice is given under this section; (b) the name and address, if known, of the deceased; (c) the amount currently subject to the charge; (d) the general effect of this section, including the following— (i) the charge applies to funds standing to the credit of the deceased, or the deceased’s personal representative, in, or afterwards coming into, the institution’s hands; (ii) the charge is lower in priority than any earlier charge (unless the earlier charge provides otherwise); (iii) the institution must pay the funds, other than funds subject to an earlier charge of higher priority, to the chief executive within 7 days after the notice is given to the extent of the amount the notice states is currently subject to the charge; (iv) payment in accordance with the notice is a valid discharge of the institution’s liability to the person otherwise entitled to the funds paid.

s 10 13 s 13 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ‘ (7) Further notices may be given to correct a mistake or to state a different amount if circumstances change. ‘ (8) If a financial institution is given a notice under this section, it must pay the funds, other than funds subject to an earlier charge of higher priority, to the chief executive within 7 days after the notice is given to the extent of the amount the notice states is currently subject to the charge. ‘ (9) Payment to the chief executive in accordance with a notice under this section is a valid discharge of the institution’s liability to the person otherwise entitled to the funds paid.’. PART 4—AMENDMENT OF CLASSIFICATION OF COMPUTER GAMES AND IMAGES ACT 1995 ˙ Act amended in pt 4 10. This part amends the Classification of Computer Games and ImagesAct 1995 . ˙ Amendment of s 19 (Sale of unclassified computer games prohibited) 11. Section 19(1)(b), ‘(MA)’— omit, insert— ‘MA’. ˙ Amendment of s 32 (Identity cards) 12. Section 32(3)(d)— omit. ˙ Amendment of sch 2 (Dictionary) 13. Schedule 2, definitions “child abuse computer game” and

s 14 14 s 16 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 “objectionable computer game” , from ‘depicts’ to ‘16 years’— omit, insert— ‘depicts a person who is, or who looks like, a child under 16 years (whether the person is engaged in sexual activity or not)’. ˙ Insertion of new s 71 14. After section 70— insert— ˙ ‘ Reprint to omit attachment not forming part of Act ‘ 71.(1) The attachment not forming part of this Act must be omitted in the first reprint of this Act after the commencement of this section. ‘ (2) This section expires 1 month after it commences.’. PART 5—AMENDMENT OF CLASSIFICATION OF FILMS ACT 1991 ˙ Act amended in pt 5 15. This part amends the Classification of Films Act 1991 . ˙ Amendment of s 3 (Definitions) 16. Section 3, definition “child abuse film” , from ‘minor’ to ‘16 years’— omit, insert— ‘person who is, or who looks like, a child under 16 years (whether the person is engaged in sexual activity or not)’.

s 17 15 s 19 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 6—AMENDMENT OF CLASSIFICATION OF PUBLICATIONS ACT 1991 ˙ Act amended in pt 6 17. This part amends the Classification of Publications Act 1991 . ˙ Amendment of s 3 (Definitions) 18. Section 3, definitions “child abuse photograph” and “child abuse publication” , from ‘minor’ to ‘16 years’— omit, insert— ‘person who is, or who looks like, a child under 16 years (whether the person is engaged in sexual activity or not)’. ˙ Insertion of new pt 2A 19. After section 11— insert— ‘ PART 2A—PROTECTION OF CHILDREN AND FAMILIES BY CONDITIONS FOR DISPLAYING CERTAIN UNRESTRICTED PUBLICATIONS ˙ ‘ Definitions for pt 2A ‘ 11A. In this part— “cover” , of a publication, includes a box, label, covering or other packaging for the publication. “depiction” includes description, expression or other dealing with. “inappropriate matter” means a matter of sex (including sexuality of the body), drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena. “officer” means the publications classification officer.

s 19 16 s 19 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ˙ ‘ Protection of children and families by order prohibiting display of unrestricted publication unless certain parts of its cover are concealed ‘ 11B.(1) The officer may, by gazette notice, make an order (a “display order” ) prohibiting the display of a specified unrestricted publication for sale at any public place to which children have access unless— (a) the rack or other thing that may be holding the publication is at least 1.5 m above the floor or ground, as the case may be; or (b) the pictures, drawings and other images on the publication’s cover are concealed by the rack or other thing that may be holding the publication; or (c) the pictures, drawings and other images on the publication’s cover are concealed by a cover; or (d) the pictures, drawings and other images on the publication’s cover can not be seen without being handled. ‘ (2) A display order may only be made if the officer is satisfied the order is necessary to protect children or families. ‘ (3) In deciding whether to make a display order, the officer must assume that, generally, it is not in the best interests of children and families to display a publication’s cover to children without proper adult supervision if the cover contains— (a) a gratuitous depiction of inappropriate matter; or (b) inappropriate matter on which there is an undue emphasis or undue focus. ‘ (4) Also, in deciding whether to make a display order, the officer must take into account any submission received under subsection (5). ‘ (5) If the officer proposes to make a display order, the officer must, if practicable, notify the publication’s publisher— (a) that the officer proposes to make a display order; and (b) which issue of the publication it is proposed to specify in the order; and (c) that the publisher may make a submission about the proposal in writing, but not by mail; and

s 19 17 s 19 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 (d) a number to which a submission may be faxed; and (e) an address at which a submission may be lodged; and (f) the closing time for receiving a submission. ‘ (6) A display order may be made on the complaint of a person or on the officer’s own initiative. ‘ (7) A display order is not subordinate legislation. ˙ ‘ Publications for which display order may be made ‘ 11C.(1) A display order may be made for an existing or future publication. ‘ (2) However, a display order may only be made for a future publication if the officer is also satisfied that, at some time within the previous 2 years, another publication has been available for sale, as a new publication, at a public place and— (a) the other publication— (i) had the same name as the future publication; or (ii) traded on the goodwill attaching to the name of the future publication (whether or not it had a similar name); and (b) a display order is being made, or could be made if necessary, for the other publication as an existing publication. ‘ (3) A display order may specify the following publications— (a) a particular issue or issues of a named publication; (b) all existing issues of a named publication; (c) all future issues of a named publication; (d) all future issues of a publication whose name is a derivative of a named publication; (e) all future publications— (i) whose cover indicates that the publication is a continuation or modification of, or a replacement for, the named publication; or

s 19 18 s 19 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 (ii) that, to the knowledge of the person displaying the publication, trades on the goodwill attaching to the name of the named publication (whether or not the publications have similar names). ‘ (4) A display order must state the following— (a) the date the order commences; (b) that it is an offence to contravene the order; (c) the maximum penalty for a contravention of the order; (d) the general effect of the defences provided under section 20C(2) and (3); 1 (e) a person whose interests are adversely affected by the order may appeal against the order, or apply to have it lifted, under section 11D. ‘ (5) Also, a display order— (a) must be published by the officer in a newspaper circulating throughout Queensland; and (b) commences on the date specified in the order being a date not less than 2 days after the day of publication in the newspaper. ‘ (6) If a display order is made and the officer knows the identity of, and a way of communicating with, the distributor involved, the officer must promptly notify the distributor of the order. ˙ ‘ Lifting of display order, and appeal rights and procedure ‘ 11D.(1) A person whose interests are adversely affected by a display order may apply, in writing, to the chief executive to have the display order lifted. ‘ (2) The application must— 1 Section 20C(2) provides a defence if the prohibited display is caused by someone else and the person takes certain precautions. Section 20C(3) provides a defence for certain persons who rely on a defect in the register of display orders.

s 19 19 s 19 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 (a) state the applicant’s name and address; and (b) show why the applicant is a person whose interests are adversely affected by the order; and (c) state the reasons why the order should be lifted; and (d) contain a statement of the intentions of the publisher of the publications affected by the order about the content of the covers of future publications affected by the order; and (e) contain a copy of each publication, issued in the previous year, that was affected by the display order. ‘ (3) A display order may be lifted if the chief executive is satisfied, from the material in the application, that the order is no longer necessary to protect children or families. ‘ (4) If the chief executive decides to lift a display order, the chief executive must promptly— (a) give the applicant written notice that the order has been lifted; and (b) publish notice in the gazette that the order has been lifted. ‘ (5) If the application is refused, the chief executive must promptly give the applicant written reasons for the refusal. ‘ (6) A person whose interests are adversely affected by a display order, or a refusal to lift a display order, has the same right of appeal as is available under section 11 2 against a decision to classify a publication, and that section applies to the appeal with any changes necessary. ˙ ‘ Register of display orders ‘ 11E.(1) The chief executive must keep a computerised or other register of all current display orders including the terms of each order. ‘ (2) A person may, on payment of the fee fixed under subsection (3)— (a) inspect the register during ordinary business hours; or (b) obtain a copy of part or all of the register. 2 Section 11 (Appeal against classification by publications classification officer)

s 20 20 s 20 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ‘ (3) The fee must be an amount that— (a) the chief executive considers is reasonable; and (b) is not more than the reasonable cost of providing the inspection or copy.’. ˙ Insertion of new s 20C 20. Part 3, after section 20B— insert— ˙ ‘ Offence to contravene a display order for an unrestricted publication ‘ 20C.(1) A person must not contravene a display order made under section 11B. 3 Maximum penalty—5 penalty units. ‘ (2) It is a defence for the person to prove that— (a) either— (i) the prohibited display was caused by a customer, or someone else, not under the person’s control; or (ii) if the display was caused by a person under the person’s control—the person took reasonable steps to ensure the other person’s compliance with the order; and (b) the person followed a system for periodically taking action, throughout the trading day, to rectify prohibited displays at the place to which the charge relates. ‘ (3) It is also a defence for the person to prove that the person relied on the omission of an order from, or other defect in, the register kept under section 11E not knowing, and not having reason to know, of the defect.’. 3 Section 11B (Protection of children and families by order prohibiting display of unrestricted publication unless certain parts of its cover are concealed)

s 21 21 s 25 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 7—AMENDMENT OF THE COOPERATIVES ACT 1997 ˙ Act amended in pt 7 21. This part amends the Cooperatives Act 1997 . ˙ Amendment of s 245 (Name to include certain matter) 22. Section 245— insert— ‘ (5A) However, the registrar may register a name that contains a thing declared to be an unsuitable name, if the Minister is satisfied the name is suitable for registration in the particular circumstances.’. PART 8—AMENDMENT OF CRIMES (CONFISCATION) ACT 1989 ˙ Act amended in pt 8 23. This part amends the Crimes (Confiscation) Act 1989 . ˙ Amendment of s 51 (Provisions concerning the public trustee) 24. Section 51(3), ‘, senior deputy public trustee or acting public trustee’— omit. ˙ Amendment of sch 2 (Serious offences) 25.(1) Schedule 2, items 1, 2, 3 and 4 to 9— renumber as items 4, 6, 7 and 9 to 14.

s 26 22 s 27 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 (2) Schedule 2— insert— ‘ 1. Classification of Computer Games and Images Act 1995 2. Classification of Films Act 1991 3. Classification of Publications Act 1991 , other than part 2A 5. Fair Trading Act 1989 , part 3, divisions 1 and 2 4 8. Health (Drugs and Poisons) Regulation 1996’ . (3) Schedule 2, item 9 as renumbered, from ‘part 6’— omit, insert— ‘part 6, division 3 5 ’. PART 9—AMENDMENT OF DIRECTOR OF PUBLIC PROSECUTIONS ACT 1984 ˙ Act amended in pt 9 26. This part amends the Director of Public Prosecutions Act 1984 . ˙ Amendment of s 11 (Powers of Director) 27.(1) Section 11(1), ‘, from time to time’— omit, insert— ‘may, from time to time, do any of the following’. (2) Section 11(1)(a) and (b), ‘may’— 4 Part 3 (Trade practices), division 1 (General rules) and division 2 (Unsolicited goods and services) 5 Part 6 (Obligatory provisions and offences), division 3 (Provisions concerning sale of liquor by unlicensed persons or on unlicensed premises)

s 28 23 s 28 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 omit. (3) Section 11(1)— insert— ‘(c) give guidelines to a person to whom section 24A(1) 6 applies stating that specified information is confidential information for the purposes of section 24A.’. ˙ Insertion of new s 24A 28. After section 24— insert— ˙ ‘ Prohibition on disclosure of information ‘ 24A.(1) A person who is or was employed for the purposes of this Act must not disclose confidential information that came to the person’s knowledge because of the employment. Maximum penalty—100 penalty units. ‘ (2) Subsection (1) applies to information that came to the person’s knowledge directly or incidentally because of the employment or because of an opportunity given by the employment. ‘ (3) However, subsection (1) does not apply to a disclosure by the person of information— (a) under this or another Act; or (b) under a requirement of a court or tribunal. Example of a disclosure under this Act— A witness’ statement disclosed for the purposes of a trial. ‘ (4) The offence is committed even if— (a) the person knew the information before it came to his or her knowledge because of employment for the purposes of this Act; or 6 Section 24A (Prohibition on disclosure of information)

s 29 24 s 30 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 (b) the information later stops being confidential. ‘ (5) In this section— “confidential information” , for a person to whom subsection (1) applies, includes information stated to be confidential information for the purposes of this section under a guideline given to the person under section 11(1)(c). 7 “employed” includes— (a) appointed; and (b) engaged; and (c) requested to assist under section 13.’. PART 10—AMENDMENT OF DISTRICT COURTS ACT 1967 ˙ Act amended in pt 10 29. This part amends the District Courts Act 1967 . ˙ Amendment of long title 30. Long title, ‘ District Courts ’— omit, insert— ‘ the District Court ’. 7 Section 11 (Powers of Director)

s 31 25 s 32 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ˙ Amendment of s 1 (Short title) 31. Section 1, ‘ Courts ’— omit, insert— ‘ Court ’. ˙ Amendment of pt 2 (Courts, judges, registries and officers) 32. Part 2, heading and division 1— omit, insert— ‘ PART 2—COURT, JUDGES, REGISTRIES AND OFFICERS ‘ Division 1—Court ˙ ‘ Establishment of the District Court ‘ 4. The District Court is established. ˙ ‘ Members and constitution of Court ‘ 5.(1) The members of the District Court are the District Court judges. ‘ (2) The District Court is constituted by any one of its members. ˙ ‘ Where the Court may be held ‘ 6.(1) The District Court may be constituted at any place. ‘ (2) The District Court as constituted by any of its members may sit in more than 1 place at the same time. ‘ (3) A regulation may declare— (a) the places at which the District Court is to be held; or (b) that the District Court is no longer to be held at a place. ‘ (4) The District Court held at a place may be referred to as the District

s 32 26 s 32 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 Court at the place. Example— If the District Court is held at Toowoomba, the District Court at that place may be referred to as the District Court at Toowoomba. ˙ ‘ Declaration of districts ‘ 7.(1) A regulation may declare a district for the District Court at a place. ‘ (2) The district has the same name as the place. Example— The name of the district for the District Court at Toowoomba, is the Toowoomba District Court district. ‘ (3) The district must consist of— (a) 1 Magistrates Courts district; or (b) 1 division of a Magistrates Courts district; or (c) if the District Court district would form 1 continuous area— (i) 2 or more Magistrates Courts districts; or (ii) 2 or more divisions of a Magistrates Courts district; or (iii) 1 or more Magistrates Courts districts and 1 or more divisions of a Magistrates Courts district. ‘ (4) If the District Court is no longer to be held at a place, a regulation may declare that all proceedings pending in the court at the place must be continued in the court at a specified place. ˙ ‘ Court to be a court of record ‘ 8. The District Court is a court of record and has civil and criminal jurisdiction as provided under this or another Act. ˙ ‘ Statewide jurisdiction ‘ 8A. The District Court has jurisdiction throughout Queensland.

s 33 27 s 34 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ˙ ‘ Seals of the court ‘ 8B.(1) The District Court must have a seal, and may have the other seals that may be required for the business and administration of the court. ‘ (2) All notices, summons, certificates, warrants and other process, issued by the registrar must be sealed with a seal mentioned in subsection (1).’. ˙ Omission of s 16 (Retirement of judge) 33. Section 16— omit. ˙ Insertion of new s 139 34. After section 138— insert— ˙ ‘ Transitional—establishment of the District Court ‘ 139.(1) On the commencement of part 2, division 1— (a) the District Courts in existence on the commencement (the “previous District Courts” ) are amalgamated into the District Court; and (b) the places at which the previous District Courts were held are the places at which the District Court is to be held; and (c) the district assigned to a previous District Court held at a place is the district for the District Court to be held at the place; and (d) any jurisdiction or power of the previous District Courts or a judge of a previous District Court or the previous District Courts becomes jurisdiction or power of the District Court or a judge of the District Court; and (e) anything else done or existing in relation to a previous District Court continues, and is taken to be done or existing in relation to the District Court or the corresponding district of the District Court; and

s 34 28 s 34 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 (f) a proceeding pending in a previous District Court is to be continued in the District Court at the place at which it would have continued if part 2, division 1 had not been enacted; and (g) each judge of a previous District Court or the previous District Courts becomes a judge of the District Court; and (h) the Chief Judge of District Courts becomes the Chief Judge of the District Court. ‘ (2) Part 2, division 1 does not affect— (a) any appointment, subject to the name changes mentioned in subsection (1)(g) and (h); or (b) the seniority of a judge; or (c) any principle or rule of law or equity; or (d) any right, privilege or liability. ‘ (3) In an Act or document, if the context permits— (a) a reference to the DistrictCourtsAct1967 is taken to be a reference to the District Court Act 1967 ; and (b) a reference to the District Courts Rules 1968 is taken to be a reference to the District Court Rules 1968 ; and (c) a reference to a District Court or the District Courts is taken to be a reference to the District Court; and (d) a reference to a District Court held at a place is a reference to the District Court held at the place; and (e) a reference to a judge of a District Court or to a judge of District Courts is taken to be a reference to a judge of the District Court; and (f) a reference to the Chief Judge of District Courts is a reference to the Chief Judge of the District Court.’.

s 35 29 s 39 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 11—AMENDMENT OF EVIDENCE ACT 1977 ˙ Act amended in pt 11 35. This part amends the Evidence Act 1977 . ˙ Amendment of s 105 (Certified reproductions of certain official documents etc. to be admissible without further proof) 36. Section 105(1), definition “approved person” , ‘declared under a regulation’— omit, insert— ‘the Minister declares by gazette notice’. PART 12—AMENDMENT OF FAIR TRADING ACT 1989 ˙ Act amended in pt 12 37. This part amends the Fair Trading Act 1989 . ˙ Amendment of s 82 (Compliance with information standard) 38. Section 82(1), penalty, ‘400 penalty units’— omit, insert— ‘540 penalty units’. ˙ Amendment of s 84 (Compliance with safety standard) 39. Section 84(1), penalty, ‘400 penalty units’— omit, insert— ‘540 penalty units’.

s 40 30 s 44 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 13—AMENDMENT OF GIRL GUIDES ASSOCIATION ACT 1970 ˙ Act amended in pt 13 40. This part amends the Girl Guides Association Act 1970 . ˙ Amendment of long title 41. Long title, ‘ the Girl Guides Association (Queensland, Australia) ’— omit, insert— ‘ Guides Queensland ’. ˙ Amendment of s 1 (Short title) 42. Section 1, ‘ Girl Guides Association ’— omit, insert— ‘ Guides Queensland ’. ˙ Amendment of s 2 (Meaning of terms) 43. Section 2, definitions “Branch” and “council” , ‘the Girl Guides Association (Queensland, Australia)’— omit, insert— ‘Guides Queensland’. ˙ Amendment of s 3 (Incorporation of the Council) 44. Section 3(1)— omit, insert— ‘ (1) The corporation named the Girl Guides Association (Queensland,

s 45 31 s 48 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 Australia) as formerly established is continued in existence under the name Guides Queensland.’. ˙ Amendment of s 4 (Registration of Royal Charters and constitution) 45. Section 4(7)(a)(i) and (b), ‘Secretary’— omit, insert— ‘executive officer’. ˙ Amendment of s 6 (Transfer of property to corporation) 46. Section 6(3)(a), ‘Secretary’— omit, insert— ‘executive officer’. ˙ Amendment of s 7 (Dealing with property by the corporation) 47.(1) Section 7(a), ‘in the first instance’— omit. (2) Section 7(b) from ‘at’ to ‘if’— omit, insert— ‘the proposed lease, mortgage or sale, if’. ˙ Amendment of s 9 (Custody and use of the seal) 48. Section 9(1), ‘Secretary’— omit, insert— ‘executive officer’.

s 49 32 s 52 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ˙ Amendment of s 10 (Service of notices) 49. Section 10(1), ‘Secretary’— omit, insert— ‘executive officer’. ˙ Amendment of s 11 (Receipts etc.) 50. Section 11(a)(i), ‘Secretary’— omit, insert— ‘executive officer’. ˙ Insertion of new s 14 51. After section 13— insert— ˙ ‘ Transitional consequential on change to Girl Guides Association (Queensland, Australia) ‘ 14.(1) Anything done or existing in relation to Girl Guides Association (Queensland, Australia) continues, and is taken to be done or existing in relation to Guides Queensland. (2) In an Act or document, a reference to the Girl Guides Association (Queensland, Australia) may, if the context permits, be taken to be a reference to Guides Queensland.’. PART 14—AMENDMENT OF JUSTICES ACT 1886 ˙ Act amended in pt 14 52. This part amends the Justices Act 1886 .

s 53 33 s 55 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ˙ Amendment of s 22B (Magistrates Court districts) 53.(1) Section 22B, heading, ‘ Court ’— omit, insert— ‘ Courts ’. (2) Section 22B(1A)(a), after ‘Court’— insert— ‘, if constituted by a magistrate,’. ˙ Amendment of s 53 (When justice may issue summons) 54. Section 53(3) to (5)— omit. ˙ Insertion of new s 53A 55. After section 53— insert— ˙ ‘ Power, after summons issued, to order mediation ‘ 53A.(1) If a summons has been issued under section 53, the clerk of the court for the place where the defendant is required to appear may order the complainant to submit the matter to mediation under the Dispute ResolutionCentres Act 1990 (an “order to mediate” ). ‘ (2) The clerk of the court may make an order to mediate if— (a) the clerk considers that the matter would be better resolved by mediation than by proceeding on the summons; or (b) the complainant consents to the order. ‘ (3) The clerk of the court may, at any time, refer a summons to a Magistrate for directions as to whether or not to make an order. ‘ (4) An order to mediate must be in the approved form. ‘ (5) If an order to mediate is made—

s 56 34 s 56 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 (a) the clerk of the court must give notice of the order to the complainant and defendant; and (b) the summons may not be served, and no other action may be taken on the summons, unless a clerk of the court orders that the summons may be proceeded with. ‘ (6) If the clerk of the court for the place where the defendant is required to appear is satisfied that an event mentioned in subsection (7) has happened, the clerk of the court may order that the summons may be proceeded with. ‘ (7) The events are— (a) if the complainant consented to the order—the complainant withdraws the consent; or (b) the matter of the complaint may not be mediated at a convenient place because of a decision made by the director of a dispute resolution centre under the Dispute Resolution Centres Act 1990 , section 30(1); or (c) the defendant refuses to attend at, or participate in, a mediation session under that Act, or either party withdraws from a mediation session under that Act; or (d) the director of a dispute resolution centre declines under section 32(1) of that Act to consent to the acceptance of the matter of the complaint for mediation; or (e) a mediation session attended by the complainant and the defendant is terminated under section 32(2) of that Act. ‘ (8) A clerk of the court may be satisfied about the happening of an event even if the only information before the clerk is from the complainant.’. ˙ Amendment of s 54 (Form of summons and filing of complaint and summons) 56. Section 54— insert— ‘ (5) If the complainant gives the clerk of the court written notice that the

s 57 35 s 58 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 dispute has been resolved by mediation— (a) the filing fee paid on lodgement of the summons must be refunded; and (b) the summons may not be served, and no other action may be taken on the summons.’. ˙ Amendment of s 98B (Definitions) 57. Section 98B, definition “authorised person” — insert— ‘(e) if a person is not appointed under a regulation for a matter mentioned in paragraphs (a) to (d)—the administering authority for the infringement notice offence.’. ˙ Insertion of new pt 4A, div 1A 58. After section 98B— insert— ‘ Division 1A—Service of documents under this part generally ˙ ‘ Service of documents ‘ 98BA.(1) A document may be served under this part as provided for under the Acts Interpretation Act 1954 , section 39. ‘ (2) Service by post— (a) may be effected by properly addressing, prepaying and posting the document as a letter; and (b) is taken to have been effected at the time at which the letter would be delivered in the ordinary course of post. ‘ (3) The Acts Interpretation Act 1954, section 39A(2) applies to this part. ‘ (4) This section is taken to have commenced on 1 July 1992.’.

s 59 36 s 61 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ˙ Amendment of s 98N (Reminder notices) 59.(1) Section 98N(4), from ‘prescribed’— omit, insert— ‘fixed by the chief executive by gazette notice for the cost of serving a reminder notice.’. (2) Section 98N— insert— ‘ (5) The amount fixed by the chief executive must be not more than the reasonable cost of serving notice.’. ˙ Amendment of s 147A (Power of justices to reopen proceedings and rectify orders)— 60. Section 147(1), ‘ 1988 ’— omit, insert— ‘ 1992 ’. ˙ Replacement of s 159 (The sum allowed for costs to be specified in the conviction or order) 61. Section 159— omit, insert— ˙ ‘ Amount allowed for costs to be stated in conviction or order ‘ 159.(1) An order for costs made under this division must be stated in the conviction or order or order of dismissal, or order striking out the complaint for want of jurisdiction. ‘ (2) The order must state— (a) if the defendant and complainant agree on all the necessary or proper costs to be allowed—the amount allowed for costs; or (b) if the defendant and complainant can not agree on all the necessary or proper costs to be allowed—the costs are to be taxed by the clerk of the court.

s 62 37 s 63 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ‘ (3) On taxation, the clerk may only allow costs set out in the scale of costs prescribed under this Act. ‘ (4) The clerk’s taxation may be reviewed by a Magistrate on the application of the defendant or complainant.’. ˙ Amendment of s 179 (Meaning of terms) 62. Section 179, definition “reciprocating State or Territory” , after ‘to’— insert— ‘be’. ˙ Amendment of s 222 (Appeal to a single judge) 63.(1) Section 222— insert— ‘ (1B) Also, this section does not apply to a person convicted of a summary offence by the Supreme Court or District Court under the Criminal Code, section 651 8 ’. (2) Section 222— insert— ‘ (2E) Despite subsection (2)(a)(i), if the appellant is in custody, the appeal must be heard in the District Court district where the appellant is in custody. ‘ (2F) Subsection (2E) is subject to the District Court Act 1867 .’. 8 Section 651 (Supreme Court and District Court may decide summary offences)

s 64 38 s 67 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 15—AMENDMENT OF JUVENILE JUSTICE ACT 1992 ˙ Act amended in pt 15 64. This part amends the Juvenile Justice Act 1992 . ˙ Amendment of s 55 (Infringement notices) 65. Section 55(2), ‘part 4A’— omit, insert— ‘part 4A, division 3 9 ’. PART 16—AMENDMENT OF LAW REFORM COMMISSION ACT 1968 ˙ Act amended in pt 16 66. This part amends the Law Reform Commission Act 1968 . ˙ Amendment of s 3 (Constitution of Commission) 67. Section 3(2), from ‘shall’— omit, insert— ‘must consist of at least 3 members, who may be full-time or part-time members.’. 9 Part 4A (Infringement notices), division 3 (Enforcement of infringement notices by registration)

s 68 39 s 72 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 17—AMENDMENT OF LEGAL AID QUEENSLAND ACT 1997 ˙ Act amended in pt 17 68. This part amends the Legal Aid Queensland Act 1997 . ˙ Amendment of s 80 (Protection from liability) 69. Section 80(1) and (2), after ‘employee’— insert— ‘or a member of the board’. ˙ Amendment of s 82 (Secrecy) 70. Section 82(1)— insert— ‘(c) a member of the board.’. PART 18—AMENDMENT OF MOBILE HOMES ACT 1989 ˙ Act amended in pt 18 71. This part amends the Mobile Homes Act 1989 . ˙ Amendment of s 4 (Particulars of agreement) 72. After section 4(1)— insert— ‘ (1AA) An offence against subsection (1) is a continuing offence and—

s 73 40 s 75 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 (a) continues, despite the end of the 3 month period, until the written statement is given; and (b) may be charged in 1 or more complaints for periods the offence continues.’. ˙ Amendment of s 12E (Warrants—applications made otherwise than in person) 73. Section 12E(1)(b), ‘officer’s’— omit, insert— ‘inspector’s’. PART 19—AMENDMENT OF PENALTIES AND SENTENCES ACT 1992 ˙ Act amended in pt 19 74. This part amends the Penalties and Sentences Act 1992 . ˙ Insertion of new s 146A 75. After section 146— insert— ˙ ‘ Summons or warrant for offender whose sentence of imprisonment has been suspended ‘ 146A.(1) This section applies if— (a) an order has been made under section 144 10 for an offender; and (b) a police officer or an authorised commission officer suspects, on reasonable grounds, that the offender has committed an offence, 10 Section 144 (Sentence of imprisonment may be suspended)

s 75 41 s 75 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 in or outside Queensland, during the operational period of the order; and (c) imprisonment may be imposed if the offender is convicted, in or outside Queensland, of the suspected offence. ‘ (2) The officer may, by a complaint to a magistrate, apply for a summons requiring the offender to appear before the court that made the order. ‘ (3) The magistrate may issue the summons or, instead of issuing the summons, issue a warrant, in the approved form, directed to all police officers to arrest the offender and bring the offender before the court that made the order to be further dealt with according to law. ‘ (4) The summons or warrant issued under this section is of no effect unless and until the offender is convicted of an offence that enables a court to deal with the offender under section 147. ‘ (5) The magistrate must issue the summons or warrant if the magistrate is satisfied the grounds for issuing the summons or warrant exist. ‘ (6) However, the warrant may be issued only if— (a) the complaint is under oath; and (b) the magistrate is satisfied the offender would not appear in answer to a summons. ‘ (7) Further, the magistrate may refuse to issue the warrant if the magistrate considers it would be unjust to issue the warrant. ‘ (8) The summons or warrant may state the suspected offence in general terms.’.

s 76 42 s 78 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 20—AMENDMENT OF PRISONERS (INTERSTATE TRANSFER) ACT 1982 ˙ Act amended in pt 20 76. This part amends the Prisoners (Interstate Transfer) Act 1982 . ˙ Amendment of s 2 (Definitions) 77.(1) Section 2, definitions, “Australian Capital Territory” , “corresponding Minister” , “Governor” , “joint prisoner” and “sentence of imprisonment” — omit. (2) Section 2— insert— “corresponding Minister” , for a participating State, means the Minister of that State who is responsible for the administration of the interstate law of that State. “Governor” , for the Australian Capital Territory, means— (a) in this section, definition “indeterminate sentence” and in section 27(4)—the Governor-General; (b) in section 27(5)(b)—the Governor-General, or the Executive within the meaning of the Australian Capital Territory (Self Government) Act 1988 (Cwlth). “joint prisoner” see section 2A. “sentence of imprisonment” see section 2B.’. ˙ Insertion of new ss 2A and 2B 78. After section 2— insert—

s 78 43 s 78 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ˙ ‘ Meaning of “joint prisoner” ‘ 2A. A “joint prisoner” is a person on whom both of the following sentences have been imposed— (a) a Commonwealth sentence of imprisonment; (b) any of the following sentences of imprisonment— (i) a State sentence of imprisonment; (ii) a State sentence of imprisonment as defined under an interstate law; (iii) an ACT sentence of imprisonment as defined under the Prisoners (Interstate Transfer) Act 1993(ACT); (iv) a Territory sentence of imprisonment within the meaning of the Prisoners (Interstate Transfer) Act 1983(NT). ˙ ‘ Meaning of “sentence of imprisonment” ‘ 2B. Each of the following is a “sentence of imprisonment” — (a) a State sentence of imprisonment; (b) a State sentence of imprisonment as defined by an interstate law; (c) an ACT sentence of imprisonment as defined by the Prisoners(Interstate Transfer) Act 1993(ACT); (d) a Territory sentence of imprisonment within the meaning of the Prisoners (Interstate Transfer) Act 1983(NT); (e) if relevant—a Commonwealth sentence of imprisonment.’.

s 79 44 s 82 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 21—AMENDMENT OF PUBLIC TRUSTEE ACT 1978 ˙ Act amended in pt 21 79. This part amends the Public Trustee Act 1978 . ˙ Amendment of s 97B (Application of unclaimed superannuation benefit provisions) 80. Section 97B(1), ‘division’— omit, insert— ‘part’. ˙ Amendment of section 98 (Definitions) 81. Section 98, definition “unclaimed moneys” , paragraph (a), ‘6 years or’— omit, insert— ‘2 years’. ˙ Amendment of s 116 (Funds held by Public Trustee to be transferred) 82. Section 116, ‘the term of 6 years next preceding’— omit, insert— ‘the previous 2 years’.

s 83 45 s 85 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 22—AMENDMENT OF QUEENSLAND LAW SOCIETY ACT 1952 ˙ Act amended in pt 22 83. This part amends the Queensland Law Society Act 1952 . ˙ Insertion of new s 6MA 84. After section 6M— insert— ˙ ‘ Application for directions ‘ 6MA.(1) A party to a charge or other matter referred to the tribunal may apply to the chairperson of the tribunal for directions about the conduct of the charge or other matter. ‘ (2) The chairperson or a member of the tribunal chosen by the chairperson, who is a practitioner, may give the directions the chairperson or member considers appropriate (with or without consulting another tribunal member). ‘ (3) However, if an application to the chairperson for directions is made, or pursued, before the tribunal, the tribunal, rather than the chairperson or member, must deal with the application and give any directions it considers appropriate. ‘ (4) A member may be chosen under subsection (2) to give directions generally, or in certain circumstances or for a particular charge or other matter.’. ˙ Insertion of new s 6ADA 85. After section 6AD— insert— ˙ ‘ Tribunal may engage staff ‘ 6ADA.(1) The tribunal may engage the staff necessary to enable it to

s 86 46 s 88 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 perform its functions. ‘ (2) The cost of engaging the staff is payable out of the fund.’. ˙ Amendment of s 6V (Form of order) 86. Section 6V— insert— ‘ (2) To avoid any doubt, it is declared that an order made by the tribunal may be given by a single member, regardless of whether the member was a member of the tribunal as constituted for the hearing.’. ˙ Amendment of section 6Y (Service of orders) 87. Section 6Y(1)(a), ‘made’— omit, insert— ‘given’. ˙ Amendment of s 24B (Practitioners to notify clients about non-liability of fund for certain mortgages) 88.(1) Section 24B, heading, after ‘ mortgages ’— ‘ or details of their insurance ’. (2) Section 24B(2)— omit, insert— ‘ (2) The practising practitioner must give the practitioner’s client— (a) notice of the effect of section 24A, and a copy of section 24A and this section; or (b) a written notice in accordance with subsection 2A. ‘ (2A) A notice under subsection (2)(b) must— (a) identify the proposed mortgage (or mortgage) to which the notice applies; and (b) state that the practitioner holds the mortgage fidelity insurance

s 89 47 s 90 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 cover required to be held under this Act for claims arising out of the mortgage and will keep the insurance current as required under the Act; and (c) state the following details about the insurance— (i) date of policy and policy number; (ii) insurer’s name; (iii) the amount of insurance for each claim arising out of the mortgage; and (d) state that the client is entitled to a copy of the policy, and proof of payment of the premium, from the practitioner if the client asks for them.’. PART 23—AMENDMENT OF SECURITY PROVIDERS ACT 1993 ˙ Act amended in pt 23 89. This part amends the Security Providers Act 1993 . ˙ Amendment of s 41 (Power to require information from certain persons) 90. Section 41— insert— ‘ (1A) The inspector may require the information to be given— (a) to the inspector or another specified inspector; or (b) at the place the requirement is made or at another stated place; or (c) immediately or at, by or within a stated time; or (d) in person or in another specified way.’.

s 91 48 s 93 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 24—AMENDMENT OF TRAVEL AGENTS ACT 1988 ˙ Act amended in pt 24 91. This part amends the Travel Agents Act 1988 . ˙ Amendment of section 45 (Powers of entry etc.) 92.(1) Section 45, heading— omit, insert— ‘ Certain powers of entry etc. for records required to be kept under Act ’ (2) Section 45(5) to (7)— omit, insert— ‘ (5) This section does not limit sections 45A to 45F.’. ˙ Insertion of new ss 45A to 45H 93. After section 45— insert— ˙ ‘ Entry of place by authorised officer ‘ 45A.(1) An authorised officer may enter a place if— (a) the occupier of the place consents to the entry; or (b) it is a public place and the entry is made when the place is open to the public; or (c) the authorised officer believes on reasonable grounds that business as a travel agent is being carried on at the place, or records relating to a business as a travel agent are kept at the place, and the entry is made when the place is open for business; or (d) the entry is authorised by a warrant.

s 93 49 s 93 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ‘ (2) Subsection (1)(c) does not authorise entry to a place that is, or is part of, a dwelling house. ˙ ‘ Warrants ‘ 45B.(1) An authorised officer may apply to a magistrate for a warrant for a place. ‘ (2) The application must— (a) be sworn; and (b) set out the grounds on which the warrant is sought. ‘ (3) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require that additional information supporting the application be given by a statutory declaration. ‘ (4) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting that— (a) there is a particular thing (the “evidence” ) that may provide evidence of the commission of an offence against this Act; and (b) the evidence is, or may be within the next 7 days, at the place. ‘ (5) The warrant must state— (a) that the authorised officer is authorised, with assistance and force that may be necessary and reasonable— (i) to enter the place; and (ii) to exercise the authorised officer’s powers under this Act; and (b) the evidence for which the warrant is issued; and (c) the hours of the day when entry may be made; and (d) the day (within 14 days after the warrant’s issue) on which the warrant stops having effect.

s 93 50 s 93 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ˙ ‘ Warrants—applications made otherwise than in person ‘ 45C.(1) An authorised officer may apply for a warrant by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the officer’s remote location. ‘ (2) Before applying for the warrant, the authorised officer must prepare an application that sets out the grounds on which the warrant is sought. ‘ (3) The authorised officer may apply for the warrant before the application is sworn. ‘ (4) If the magistrate issues the warrant and it is reasonably practicable to fax a copy of it to the authorised officer, the magistrate must immediately fax the copy to the authorised officer. ‘ (5) If the magistrate issues the warrant but it is not reasonably practicable to fax a copy of it to the authorised officer— (a) the magistrate must— (i) tell the authorised officer what the terms of the warrant are; and (ii) tell the authorised officer the date and time the warrant was signed; and (iii) record the reasons for issuing the warrant on the warrant; and (b) the authorised officer must— (i) complete a form of warrant in the same terms as the warrant issued by the magistrate; and (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. ‘ (6) The facsimile warrant, or the warrant form properly completed by the authorised officer, is authority for the entry and the exercise of the other powers authorised by the warrant issued by the magistrate.

s 93 51 s 93 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ‘ (7) The authorised officer must send to the magistrate— (a) the sworn application; and (b) if a warrant form was completed by the authorised officer—the completed warrant form. ‘ (8) The sworn application and any completed warrant form must be sent to the magistrate at the earliest practicable opportunity. ‘ (9) On receipt of the application and any warrant form, the magistrate must attach them to the warrant issued by the magistrate. ‘ (10) If— (a) it is material for a court to be satisfied that the exercise of a power was authorised by a warrant issued under this section; and (b) the warrant is not produced in evidence; the court must assume the exercise of power was not authorised by a warrant, unless the contrary is proved. ˙ ‘ Authorised officer’s general powers in a place ‘ 45D.(1) After entering a place under section 45A, 11 an authorised officer may exercise a power mentioned in subsection (2) only if— (a) the occupier of the place consents to the exercise of the power; or (b) the entry was authorised by a warrant. ‘ (2) The authorised officer may— (a) search any part of the place; or (b) if entry was authorised by a warrant—seize the evidence for which the warrant was issued; or (c) in any case—seize a thing if the authorised officer believes on reasonable grounds that— (i) the thing is evidence of the commission of an offence against this Act; and 11 Section 45A (Entry of place by authorised officer)

s 93 52 s 93 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 (ii) the seizure is necessary to prevent— (A) the concealment, loss or destruction of the thing; or (B) the use of the thing in committing, continuing or repeating an offence against this Act; or (d) inspect, examine, photograph or film anything in or on the place; or (e) take extracts from, or make copies of, any documents in or on the place; or (f) take into or onto the place any person, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the place; or (g) require a person in or on the place, or the occupier of the place, to give the authorised officer reasonable help for the exercise of the powers mentioned in paragraphs (a) to (f). ‘ (3) A person who is required by an authorised officer under subsection (2)(g) to give the authorised officer reasonable help for the exercise of a power must comply with the requirement, unless the person has a reasonable excuse for not complying with it. ‘ (4) If the help is required to be given by a person by— (a) answering a question; or (b) producing a document (other than a document required to be kept by the person under this Act); it is a reasonable excuse for the person to fail to comply with the requirement on the ground that the information or document might tend to incriminate the person. ˙ ‘ Power to require name and address ‘ 45E.(1) An authorised officer may require a person to state the person’s name and address if the authorised officer— (a) finds the person committing an offence against this Act; or (b) finds the person in circumstances that lead, or has information

s 93 53 s 93 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 that leads, the authorised officer to suspect on reasonable grounds that the person has committed, or assisted in the commission of, an offence against this Act. ‘ (2) When making the requirement, the authorised officer must warn the person that it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse. ‘ (3) The authorised officer may require the person to give evidence of the correctness of the person’s name or address if the authorised officer suspects, on reasonable grounds, that the name or address given is false. ‘ (4) A person must comply with an authorised officer’s requirement under subsection (1) or (3), unless the person has a reasonable excuse for not complying with it. Maximum penalty—60 penalty units. ‘ (5) The person does not commit an offence against this section if— (a) the authorised officer required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and (b) the person is not proved to have committed the offence. ˙ ‘ Procedure after thing seized ‘ 45F.(1) As soon as practicable after a thing is seized by an authorised officer under section 45D, 12 the authorised officer must give a receipt for it to the person from whom it was seized. ‘ (2) The authorised officer must allow a person who would be entitled to the seized thing if it were not in the authorised officers’s possession— (a) to inspect it; or (b) if it is a document—to take extracts from it or make copies of it. ‘ (3) The authorised officer must return the seized thing to the person at the end of— 12 Section 45D (Authorised officer’s general powers in a place)

s 93 54 s 93 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 (a) 1 year; or (b) if a prosecution for an offence involving it is started within 1 year—the proceeding for the offence and any appeal from the proceeding. ‘ (4) Despite subsection (3), the authorised officer must return the seized thing to the person if the authorised officer is satisfied that— (a) its retention as evidence is no longer necessary; and (b) its return is not likely to result in its use in repeating the offence. ˙ ‘ Obstructing etc. authorised officers ‘ 45G. A person must not obstruct, hinder or resist an authorised officer in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—60 penalty units. ˙ ‘ Compensation ‘ 45H.(1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under sections 45 to 45F. ‘ (2) Payment of compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. ‘ (3) A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to make the order in the circumstances of the particular case. ˙ ‘ Consent to entry ‘ 45I.(1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place.

s 93 55 s 93 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ‘ (2) Before asking for the consent, the officer must tell the occupier— (a) the purpose of the entry; and (b) that the occupier is not required to consent. ‘ (3) If the consent is given, the officer may ask the occupier to sign an acknowledgment of the consent (a “consent acknowledgment” ). ‘ (4) The acknowledgment must state— (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the purpose of the entry; and (c) the occupier gives the officer consent to enter the place and exercise powers under section 45D; and (d) the time and date the consent was given. ‘ (5) If the occupier signs a consent acknowledgment, the officer must promptly give a copy to the occupier. ˙ ‘ Evidence of consent ‘ 45J.(1) Subsection (2) applies if— (a) an issue arises in a court proceeding whether the occupier of a place consented to an authorised officer entering the place under section 45(1)(a); and (b) a consent acknowledgment is not produced in evidence for the entry; and (c) it is not proved the occupier consented to the entry. ‘ (2) The court may presume the occupier did not consent.’.

s 94 56 s 95 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 PART 25—AMENDMENT OF TRUSTS ACT 1973 ˙ Act amended in pt 25 94. This part amends the Trusts Act 1973 . ˙ Amendment of s 21 (Authorised investments) 95.(1) Section 21(1), ‘in manner following, that is to say’— omit, insert— ‘in the following way’. (2) Section 21(1)— insert— ‘(l) in a common fund established under the PublicTrusteeAct1978 .’.

57 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 ¡ SCHEDULE MINOR AMENDMENTS section 3 ´ ACTS INTERPRETATION ACT 1954 1. Section 36, definitions “District Court” and “District Court judge”— omit, insert— ‘ “District Court” means the District Court established under the DistrictCourt Act 1967 . “District Court judge” means a judge of the District Court.’. B ´ ILLS OF SALE AND OTHER INSTRUMENTS ACT 1955 1. Section 6(1), definition “office of the registrar”, paragraphs (a) to (c), ‘office of the registrar of the Supreme Court’— omit, insert— ‘Office of Consumer Affairs’. 2. Section 6(1), definition “office of the registrar”, paragraph (d), ‘office of the department’— omit, insert— ‘Office of Consumer Affairs’.

58 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) ´ COLLECTIONS ACT 1966 1. Section 16(1), ‘or cities or towns’— omit, insert— ‘or cities and towns’. 2. Section 35(4), from ‘pursuant’ to ‘transferred’— omit, insert— ‘under the regulation’. 3. Sections 35C(4) and 35D(2), ‘by order in council pursuant to’— omit, insert— ‘under’. 4. Section 47(3)(za), ‘formed as prescribed by the regulations under the Education Act 1964 ’— omit, insert — ‘established under the Education (General Provisions) Act 1989 ’. ´ COMMISSIONS OF INQUIRY ACT 1950 1. Section 33 (second mention), subsection (2)— relocate to section 33 (first mention) as subsection (2). 2. Section 33 (second mention)— omit.

59 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) C ´ ONSUMER CREDIT CODE 1. Schedule 1, definition “credit contract”, ‘section 7’— omit, insert— ‘section 5’. ´ COOPERATIVES ACT 1997 1. Section 218(1), after ‘for’— insert— ‘the’. 2. Section 300, ‘bodies corporate’— omit. 3. Section 341(5), ‘subsection (4)’— omit, insert— ‘subsection (1)(a)’. 4. Section 354(2), ‘the Supreme Court of another State’— omit, insert— ‘a court of another State’. 5. Section 396(1), from ‘when’ to ‘warrant’— omit.

60 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) 6. Section 397(1), from ‘when’ to ‘consent’— omit, insert— ‘other than under a warrant’. 7. Schedule 2, part 3, heading, ‘BODIES’— omit, insert— ‘ CORPORATIONS ’. 8. Schedule 2, section 22, heading, ‘bodies corporate’— omit, insert— ‘ corporations ’. 9. Schedule 8, definition “deposit taking cooperative”, ‘deposit taking’— omit, insert— ‘ deposit-taking ’. ´ CRIMINAL CODE ACT 1899 1. Section 6(3), ‘or a’— omit, insert— ‘or’.

61 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) C ´ RIMINAL CODE 1. Section 14A(1) and (3), ‘200 miles’— omit, insert— ‘320 km’. 2. Section 51(1)(a) and (2), ‘of a proclamation by the Governor in Council in that behalf’— omit, insert— ‘under a regulation’. 3. Section 54A(6), definition “government corporation”, ‘by order in council’— omit, insert— ‘under a regulation’. 4. Section 98, definitions “election” and “parliamentary election”, ‘ Referendums Act 1989 ’— omit, insert— ‘ Referendums Act 1997 ’. 5. Section 208(1), penalty, at the end— insert— ‘.’.

62 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) 6. Section 334(2), ‘ordinance’— omit, insert— ‘ordnance’. 7. Section 442A(1), definition “local government”, ‘authority constituted’— omit, insert— ‘government established’. 8. Section 450F(2), ‘order in council’— omit, insert— ‘gazette notice’. 9. Section 450H(2), ‘Commissioner for Transport’— omit, insert— ‘chief executive of the department in which the TrafficAct1949 is administered’. 10. Section 506, heading ‘under Factories and Shops Act’— omit, insert— ‘ relating to regulation of factories and shops ’. 11. Sections 534(4) and 543A(2), ‘ Industrial Conciliation and Arbitration Act 1932 ’— omit, insert— ‘ Workplace Relations Act 1997 ’.

63 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) 12. Section 568(7), ‘(4)’— omit, insert— ‘(6)’. 13. Section 590(2)(d), ‘if’— omit. 14. Section 590A(2)(d) and (6)(b) and (c), ‘Director of Prosecutions’— omit, insert— ‘director of public prosecutions’. 15. Section 651(1), after ‘subject to’— insert— ‘section 652(2) to (4) and’. 16. Section 651(2)(e), after ‘offence’— insert— ‘, or a copy,’. 17. Section 652(4), ‘or copy’— omit, insert— ‘, or a copy,’.

64 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) 18. Section 668D, after ‘indictment’— insert— ‘, or a person convicted of a summary offence by the Supreme Court or District Court under section 651,’. 19. Section 668D— insert— ‘ (2) A person summarily convicted under section 651 may appeal to the court, with the leave of the court, against the sentence passed on conviction, including any order made under that section.’. 20. Section 671K(3), ‘ 1921 ’— omit, insert— ‘ 1995 ’. 21. Section 676, ‘Chapters 44 and 47’— omit, insert— ‘chapter 44’. ´ CRIMINAL LAW AMENDMENT ACT 1945 1. Section 18(1B)— omit.

65 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) 2. Section 18(9), ‘Secretary for Health and Home Affairs’— omit, insert— ‘chief executive of the department in which the Health Services Act 1991 is administered’. 3. Section 18(9A), ‘ Prisons Act 1890 , section 52’— omit, insert— ‘ Corrective Services Act 1988 , section 69’. ´ ELECTORAL ACT 1992 1. Section 61(10)(c), ‘or 185’— omit. 2. Section 140(2), ‘deposit filing’— omit, insert— ‘amount deposited’. ´ FAIR TRADING ACT 1989 1. Section 5, definition “bureau”— omit. 2. Section 5— insert— ‘ “office” means the Office of Consumer Affairs established under this Act.’.

66 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) 3. Sections 18, 21, 34, 89, 90, 104, 105, 109 and 110, ‘bureau’— omit, insert— ‘office’. 4. Part 2, division 2, heading, ‘ Consumer Affairs Bureau ’— omit, insert— ‘ Office of Consumer Affairs ’. 5. Section 20, heading— omit, insert— ‘ Office of Consumer Affairs ’. 6. Section 20(1), ‘a Consumer Affairs Bureau’— omit, insert— ‘an Office of Consumer Affairs’. 7. Section 20(2), ‘bureau’— omit, insert— ‘office’. 8. Section 20— insert— ‘ (3) The Consumer Affairs Bureau in existence immediately before the commencement of this subsection is continued in existence as the Office of Consumer Affairs. ‘ (4) Anything done or existing in relation to the Consumer Affairs Bureau continues, and is taken to be done or existing in relation to the

67 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) Office of Consumer Affairs. ‘ (5) In an Act or document, if the context permits, a reference to the Consumer Affairs Bureau is taken to be a reference to the Office of Consumer Affairs. ‘ (6) This subsection and subsections (3) to (5) expire 1 year after they commence.’. 9. Section 90(6A), ‘subsection’— omit, insert— ‘section’. ´ FREEDOM OF INFORMATION ACT 1992 1. Schedule 2, both items 1— omit, insert— ‘ 1. Queensland Rail, or a port authority (within the meaning of the Transport InfrastructureAct 1994 ) that is a GOC Transport Infrastructure Act 1994 , section 199’. 2. Schedule 2, item 4— renumber as item 3. ´ LAND SALES ACT 1984

68 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) 1. Section 14, ‘section 11(3)’— omit, insert— ‘section 11(1)’. 2. Section 23(1)(b), at the end— insert— ‘or’. 3. Section 26, ‘section 23(3)’— omit, insert— ‘section 23(1)’. 4. Section 30E(1)(b), ‘officer’s’— omit, insert— ‘inspector’s’. 5. Section 30F(4), from ‘it’ to ‘reasonable’— omit, insert— ‘it is a reasonable’. ´ LAW REFORM ACT 1995 1. Section 16, heading, at the end— insert— ‘ and other prescribed persons ’.

69 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) L ´ EGAL PRACTITIONERS ACT 1995 1. Section 49, ‘Act’— omit, insert— ‘part’. 2. Schedule, section 1, ‘society of’— omit, insert— ‘Queensland Law Society Incorporated (the “society” ) of’. 3. Schedule, section 1, ‘guarantee fund’— omit, insert— ‘Legal Practitioners’ Fidelity Guarantee Fund established under the Queensland Law Society Act 1952 ’. 4. Schedule, section 3, ‘the society and the commission’— omit, insert— ‘Queensland Law Society Incorporated and Legal Aid Queensland’. 5. Schedule, section 5— omit. ´ PAWNBROKERS ACT 1984 1. Section 27(5)(b)— omit.

70 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) 2. Section 27(5)(c)— renumber as section 27(5)(b). ´ PRIMARY PRODUCERS ORGANISATION AND MARKETING ACT 1926 1. Section 56(2)(i), ‘association formed’ to ‘1923’— omit, insert— ‘registered under the Cooperatives Act 1997 .’. ´ RETIREMENT VILLAGES ACT 1988 1. Section 52(2C)— omit. 2. Section 54(d)— omit. 3. Section 54(e)— renumber as section 54(d). ´ SECOND-HAND DEALERS AND COLLECTORS ACT 1984 1. Section 27(5)(b)— omit.

71 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) 2. Section 27(5)(c)— renumber as section 27(5)(b). ´ SMALL CLAIMS TRIBUNALS ACT 1973 1. Section 4, definition “metropolitan district”, ‘ Decentralisation of Magistrates Courts Act 1965 ’— omit, insert— ‘ Justices Act 1886 ’. 2. Section 15(5), ‘appointed pursuant to this subsection’— omit. 3. Section 20(2)(b), ‘section 16(1)(b)’— omit, insert— ‘section 16(1)(b),’. 4. Section 23A(3)(b), ‘Department of Justice’— omit, insert— ‘department’. 5. Section 34(2A), ‘this subsection’— omit, insert— ‘subsection (2)’.

72 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) 6. Section 42(4)(d), ‘subsection 3(a) or (b)’— omit, insert— ‘subsection (3)(a) or (b)’. ´ STORAGE LIENS ACT 1973 1. Section 5(2), ‘shall be in writing’— omit, insert— ‘must be in the approved form’. 2. Sections 5(2)(b) and 6(3)(b), ‘of the warehouse’— omit. 3. Section 6(2), ‘, containing the prescribed particulars,’ omit. 4. After section 19— insert— ‘ Approval of forms ‘ 19A. The chief executive may approve forms for use under this Act.’. ´ SUPREME COURT OF QUEENSLAND ACT 1991 1. Section 2A, ‘ (Consolidated Provisions) ’— omit.

73 Justice and Other Legislation (Miscellaneous Provisions) (No. 2) No. 82, 1997 SCHEDULE (continued) 2. Schedule 2, part 1, ‘ (Consolidated Provisions) ’— omit. ´ SUPREME COURT ACT 1995 1. Section 300(3), after ‘ Supreme Court Act 1921 ’— insert— ‘, other than a reference to a provision of that Act that was relocated to the Legal Practitioners Acts Amendment Act 1968 ,’. © State of Queensland 1997