Legal Assistance Act Amendment Act 1971 (Qld)

627 (! II t c is att4 ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 44 of 1971 An Act to Amend the Legal Assistance Act 1965-1970 in certain particulars [ASSENTED TO 1ST NOVEMBER, 19711 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 Legal Assistance Act Amendment Act 1971. (2) The Legal Assistance Act 1965-1970 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Legal As sistance Act 1965-1971.

628 Legal A ssistance Act Amendment Act 1971, No. 44 2. Amendment of s. 11. Investment of Fund moneys . Section 11 of the Principal Act is amended- (a) by renumbering that section as subsection (1); and (b) by adding after subsection (1) the following subsection:- " (2) The moneys to which subsection (1) relate may in addition to any form.of investment specified in that subsection be invested by the Committee in the manner following, that is to say- (a) in any of the government securities of the Commonwealth of Australia; (b) on the security of a certificate of deposit issued by any bank carrying on business in Queensland and in any interest bearing term deposit in any such bank; (c) in debentures or other securities charged on the funds or property of the Brisbane City Council or of any Local Authority in the State; and (d) in any security in respect of which the repayment of the amount secured and payment of interest thereon is guaranteed by the Parliament of the Commonwealth or the State.". 3. Amendment of s. 19. Scope and general conditions of legal aid in connection with proceedings . Section 19 of the Principal Act is amended- (a) by inserting in subsection (1) after the word " Queensland ", the words " and, where the Committee is satisfied having regard to all the circumstances of the case that such legal aid should be given, legal aid to a person resident in Queensland in connection with proceedings before courts and tribunals in another State, or a Territory, of the Commonwealth "; and (b) by inserting after subsection (2) the following subsection:- " (2A) Notwithstanding the preceding provisions of this section, legal aid may, in the discretion of the Committee, be given to a person charged with an indictable offence punishable upon conviction by imprisonment for a term exceeding fourteen years, in connection with proceedings before justices in relation to the offence under Part V of The Justices Acts 1886 to 1968.". 4. Amendment of s. 20. Financial conditions of legal aid . Section 20 of the Principal Act is amended by inserting in subsection (1), after the word " Queensland ", the words " and, where the Committee is satisfied having regard to all the circumstances of the case that such legal aid should be given in connection with proceedings before courts and tribunals in Queensland and that reciprocity exists between an authority in the other State or Territory of the Commonwealth in question administering a scheme of legal assistance to persons of limited means and the Committee for the provision by each party to the arrangement of legal assistance in the State or Territory of that party to persons of limited means residing in the State or Territory of the other party, for any person resident in another State, or a Territory, of the Commonwealth,".

Legal Assistance Act Amendment Act 1971, No, 44 629 5. Amendment of s. 23. Legal aid in matters not involving litigation. Section 23 of the Principal Act is amended by in subsection (1) adding the words ", and, in the discretion of the Committee, to legal aid in connection with such non-contentious business (being business of a nature usually performed by a practising solicitor) as the Committee may determine ".