Land Act Amendment Act 1978 (Qld)

460 11 tt.cettslrtra ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 59 of 1978 An Act to amend the Land Act 1962-1975 in certain particulars [ASSENTED TO 29TH SEPTEMBER, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the- authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Land Act Amendment Act 1978. (2) In this Act, the Land Act 1962-1975 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Land Act 1962-1978.

Land Act Amendment Act 1978, No. 59 461 2. New s. 34A. The Principal Act is amended by inserting after section 34 the following section:- " 34A. Certain matters not affected by determination of commission . If at the determination by efliuxion of time or other cause (except removal from office or declaration of an office to be vacant pursuant to section 33) of any commission under this Act there shall be any matters partly heard or standing for judgment by or before the holder of the commission, the commission shall, for the purpose only of the deciding of such matters (including the completion of the hearing thereof where necessary) and so far as is necessary for that purpose, remain in force until judgment shall have been delivered therein unless the holder of that commission shall be sooner removed or the office in question be declared to be vacant pursuant to section 33, as the case may be.". 3. New s. 34B . The Principal Act is amended by inserting after section 34A as inserted by this Act the following section:- " 34B. Hearing of matter where member unable to continue. (1) Where- (a) after the commencement of the hearing of any matter before a member, but before judgment therein has been given, the member dies or becomes incapable of continuing to sit; (b) after the completion of the hearing of any matter before a member, but before judgment therein has been given, the member becomes incapable of giving his judgment, any party to the matter, upon giving 7 days' notice to, the other party or parties, may apply to the President of the Court for the making of an order by him directing the course of action to be taken with respect to the matter or the President, on his own initiative, may notify the parties that the member has died or is incapable of continuing to sit or of giving his judgment and request their attendance in his chambers at a specified time on a date not later than 7 days after the giving of the notification. (2) On hearing any of the parties wishing to be heard on an application under subsection (1) or in chambers at the time and on the date referred to in subsection (1), the President may- (a) order the matter to be heard and determined de novo; (b) adjourn the matter as he deems necessary in order to enable the member before whom the hearing thereof was commenced to give judgment and, if necessary for that purpose, to complete the hearing where he is satisfied that the member is temporarily incapable of continuing to sit or of giving his judgment; (c) with the agreement of all parties to the matter, make such other order as to the giving of judgment or as to the completion of the hearing and the giving of judgment, as the case may be, as he thinks fit.

462 Land Act Amendment Act 1978, No. 59 (3) Where, pursuant to this section, a matter is heard and determined de novo- (a) the member so hearing and determining the same may make such order as to the costs of the first hearing as he thinks fit; (b) the first hearing shall be a nullity for all purposes other than for the purpose of paragraph (a). (4) Where the President, with the agreement of all parties to a matter, makes an order under subsection (2) (c), the judgment shall be given or the hearing shall be completed and the judgment given, as the case may be, in accordance with the order so made, and the judgment shall for all purposes be a judgment of the Court. (5) The certificate of the Chief Justice that a member is incapable, permanently or temporarily, of continuing to sit or of giving judgment with respect to a matter shall be prima facie evidence of that fact and, for the purpose of giving any such certificate, the Chief Justice may inform himself of matters in relation thereto in such manner as he thinks fit. (6) In this section, a reference to the President or to the President of the Court includes a reference to a member for the time being acting as President of the Court.".