Statute Law (Miscellaneous Provisions) Act 1993 (Qld)

Queensland STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1993 Act No. 32 of 1993

Queensland STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1993 TABLE OF PROVISIONS 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Amended Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Repeals etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Explanatory notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 7 MINOR AMENDMENTS AND AMENDMENTS BY WAY OF STATUTE REVISION ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ANTI-DISCRIMINATION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 ANZAC DAY ACT 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 ASSOCIATIONS (NATURAL DISASTER RELIEF) ACT 1976 . . . . . . . . 38 BREAKWATER ISLAND CASINO AGREEMENT ACT 1984 . . . . . . . . . 39 CASINO CONTROL ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 CHEMICAL USAGE (AGRICULTURAL & VETERINARY)CONTROL ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 CITY OF BRISBANE (FLOOD MITIGATION WORKS APPROVAL) ACT 1952 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 COLLECTIONS ACT 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 DISTRICT COURTS ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 EDUCATION (GENERAL PROVISIONS) ACT 1989 . . . . . . . . . . . . . . . . . 49 ELECTRICITY ACT 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 FIRE SERVICE ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 FOREIGN GOVERNMENTS (TITLES TO LAND) ACT 1948 . . . . . . . . . . 57 FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 58

2 Statute Law (Miscellaneous Provisions) No. 32, 1993 GRAMMAR SCHOOLS ACT 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 HARBOURS ACT 1955 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 INDUSTRIAL RELATIONS ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 JUPITERS CASINO AGREEMENT ACT 1983 . . . . . . . . . . . . . . . . . . . . . . 65 JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 LAND ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 LANG PARK TRUST ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 LEGAL PRACTITIONERS ACTS AMENDMENT ACT 1968 . . . . . . . . . . 73 MOTOR VEHICLES CONTROL ACT 1975 . . . . . . . . . . . . . . . . . . . . . . . . 73 MOTOR VEHICLES SECURITIES ACT 1986 . . . . . . . . . . . . . . . . . . . . . . 78 MT GRAVATT SHOWGROUNDS ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . 79 MUTUAL RECOGNITION (QUEENSLAND) ACT 1992 . . . . . . . . . . . . . . 79 PLANT PROTECTION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 PROPERTY LAW ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 QUEENSLAND LAW SOCIETY ACT 1952 . . . . . . . . . . . . . . . . . . . . . . . . 88 QUEENSLAND MARINE ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 QUEENSLAND TEMPERANCE LEAGUE LANDS ACT 1985 . . . . . . . . . 94 REPRINTS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 RETURNED SERVICEMEN’S BADGES ACT 1956 . . . . . . . . . . . . . . . . 100 RETURNED SERVICES LEAGUE OF AUSTRALIA (QUEENSLAND BRANCH) ACT 1956 . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 RURAL TRAINING SCHOOLS ACT 1965 . . . . . . . . . . . . . . . . . . . . . . . . 106 SEWERAGE AND WATER SUPPLY ACT 1949 . . . . . . . . . . . . . . . . . . . 107 STATUTORY INSTRUMENTS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 108 STIPENDIARY MAGISTRATES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 112 SURVEYORS ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 TRAFFIC ACT 1949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 VALUATION OF LAND ACT 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 WATER RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 117 AMENDMENTS BY WAY OF STATUTE LAW REVISION ONLY DRUGS MISUSE ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 EDUCATION (SENIOR SECONDARY SCHOOL STUDIES)

3 Statute Law (Miscellaneous Provisions) No. 32, 1993 ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 EDUCATION (TEACHER REGISTRATION) ACT 1988 . . . . . . . . . . . . . 118 EDUCATION (TERTIARY ENTRANCE PROCEDURESAUTHORITY) ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 JUDGES (SALARIES AND ALLOWANCES) ACT 1967 . . . . . . . . . . . . 119 STAMP ACT 1894 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1992 . . . . . . 121 WORKPLACE HEALTH AND SAFETY ACT 1989 . . . . . . . . . . . . . . . . . 121 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 122 ACTS REPEALED A. OBSOLETE ACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 B. OTHER ACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . 129 IMPERIAL LAWS THAT CEASE TO BE IN FORCE SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . 130 DECLARED LAWS WHOSE REPEAL DOES NOT END THEIR EFFECT

Queensland Statute Law (Miscellaneous Provisions) Act 1993 Act No. 32 of 1993 An Act to make various amendments of the statute law of Queensland, to repeal certain Acts and to declare certain matters [Assented to 3 June 1993]

6 Statute Law (Miscellaneous Provisions) The Parliament of Queensland enacts— No. 32, 1993 ˙ Short title 1. This Act may be cited as the Statute Law (Miscellaneous Provisions) Act 1993 . ˙ Commencement 2. This Act commences on the date of assent except so far as is otherwise expressly provided. ˙ Amended Acts 3. Each Act mentioned in Schedules 1 and 2 is amended as set out in those Schedules. ˙ Repeals etc. 4.(1) Each Act mentioned in Schedule 3 is repealed. (2) Each Imperial law mentioned in Schedule 4 ceases to be in force in Queensland. (3) Each provision or Act mentioned in Schedule 5 is a law to which section 20A of the Acts Interpretation Act 1954 applies. (4) Subsection (3) expires the day after it commences. ˙ Explanatory notes 5. Matter appearing under the heading ‘Explanatory note’ in this Act does not form part of the Act.

7 Statute Law (Miscellaneous Provisions) No. 32, 1993 ¡ SCHEDULE 1 MINOR AMENDMENTS AND AMENDMENTS BY WAY OF STATUTE REVISION section 3 ´ ACTS INTERPRETATION ACT 1954 Amendments 1. Section 7— omit, insert— ‘Act includes statutory instruments under Act etc. ‘7.(1) In an Act, a reference (either generally or specifically) to a law (including the Act), or a provision of a law (including the Act), includes a reference to the statutory instruments made or in force under the law or provision. ‘(2) In subsection (1)— “law” includes a law of the Commonwealth, another State or a Territory. ’. 2. Section 9— omit, insert— ‘Act to be interpreted not to exceed Parliament’s legislative power ‘9.(1) An Act is to be interpreted as operating— (a) to the full extent of, but not to exceed, Parliament’s legislative power; and (b) distributively. ‘(2) Without limiting subsection (1), if a provision of an Act would, apart from this section, be interpreted as exceeding power—

8 Statute Law (Miscellaneous Provisions) No. 32, 1993 (a) the provision is valid to the extent to which it does not exceed power; and (b) the remainder of the Act is not affected. ‘(3) Without limiting subsection (1), if the application of a provision of an Act to a person, matter or circumstance would, apart from this section, be interpreted as exceeding power, the provision’s application to other persons, matters or circumstances is not affected. ‘(4) This section applies to an Act in addition to, and without limiting, any provision of the Act. ’. 3. Section 14G(3)— insert— ‘ “enactment” includes any portion of an Act. ’. 4. Sections 14H and 14I— omit, insert— ‘References taken to be included in citation of law ‘14H.(1) In an Act, a reference to a law (including the Act) includes a reference to the following— (a) the law as originally made, and as amended from time to time since it was originally made; (b) if the law has been repealed and remade (with or without modification) since the reference was made—the law as remade, and as amended from time to time since it was remade; (c) if a relevant provision of the law has been omitted and remade (with or without modification) in another law since the reference was made—the other law as in force when the provision was remade, and as amended from time to time since the provision was remade. ‘(2) In an Act, a reference to a provision of a law (including the Act) includes a reference to the following— (a) the provision as originally made, and as amended from time to

9 Statute Law (Miscellaneous Provisions) No. 32, 1993 time since it was originally made; (b) if the provision has been omitted and remade (with or without modification and whether in the law or another law) since the reference was made—the provision as remade, and as amended from time to time since it was remade. ‘(3) In this section— “law” includes a law of the Commonwealth, another State or a Territory; “make” includes enact. ‘References to changed short titles and citations ‘14I.(1) If the short title or citation of a law is amended, a reference in an Act to the short title or citation includes a reference to the short title or citation as amended. ‘(2) In this section— “law” includes a law of the Commonwealth, another State or a Territory. ‘References to repealed or expired laws ‘14J.(1) If an Act refers to another law as repealed or expired, the reference is to the other law as in force immediately before it was repealed or expired. Example— The ‘repealed ABC Act 1950 ’ is a reference to the ABC Act 1950 as in force immediately before it was repealed. ‘(2) In this section— “law” includes a law of the Commonwealth, another State or a Territory. ’. 5. Section 17(1)(d)— omit, insert— ‘ (d) anything may be done for the purpose of— (i) enabling the exercise of the power; or

10 Statute Law (Miscellaneous Provisions) No. 32, 1993 (ii) bringing the appointment, instrument or other thing into effect; ’. 6. Section 17(3)(d)— omit, insert— ‘ (d) if the instrument or provision is expressed to take effect at a later time—the later time. ’. 7. Section 17(4)(b)— omit ‘ the ’, insert ‘ a ’. 8. Section 17(4)(d)— omit, insert— ‘ (d) if the appointment, instrument or provision is expressed to take effect at a later time—the later time. ’. 9. Section 20(1)(c) to (e)— omit, insert— ‘ (c) affect a right, privilege or liability acquired, accrued or incurred under the Act or provision; or (d) affect a penalty incurred in relation to an offence arising under the Act or provision; or (e) affect an investigation, proceeding or remedy in relation to a right, privilege, liability or penalty mentioned in paragraph (c) or (d). ’. 10. Section 20(2)— omit, insert— ‘(2) The investigation, proceeding or remedy may be started, continued or completed, and the right, privilege or liability may be enforced and the penalty imposed, as if the Act or provision had not been repealed or amended or had not expired. ’.

11 Statute Law (Miscellaneous Provisions) No. 32, 1993 11. Section 20 (at the end)— insert— ‘(4) This section is in addition to, and does not limit, any provision of the law by which the repeal, amendment or expiry is effected. ’. 12. After section 20— insert— ‘Repeal does not end saving, transitional or validating effect etc. ‘20A.(1) If an Act or a provision of an Act— (a) declares a thing for a saving or transitional purpose (whether or not the Act or provision is expressed to be made for a purpose of that type); or (b) validates a thing that may otherwise be invalid; or (c) declares a thing for a purpose that is consequential on a declaration mentioned in paragraph (a) or a validation mentioned in paragraph (b) (whether or not the Act or provision is expressed to be made for a purpose of that type); the declaratory or validating effect of the Act or provision does not end merely because of the repeal or expiry of the Act or provision. Example of paragraph (a)— A provision stating that an existing licence under a repealed law is taken to be a licence of a particular kind under another law and authorising the imposition of conditions under the other law. Example of paragraph (b)— A provision declaring an instrument to have been validly made and acts done in reliance on the instrument to have been validly done. Examples of paragraph (c)— 1. A provision stating that a matter that is declared valid is not justiciable. 2. A provision stating that an instrument that is declared valid is taken to have been amended in a particular way. ‘(2) If an Act or a provision of an Act (the “savings law” ) declares

12 Statute Law (Miscellaneous Provisions) No. 32, 1993 another Act or a provision of another Act (the “declared law” ) to be a law to which this section applies, the effect of the declared law does not end merely because of the repeal or expiry of the declared law or the savings law. ‘(3) This section is in addition to, and does not limit— (a) sections 19 and 20; or (b) any provision of the law by which the repeal or expiry is effected. ‘Continuance of appointments etc. made under amended provisions ‘20B.(1) This section applies if— (a) a provision of a law expressly or impliedly authorises or requires— (i) the making of an appointment; or (ii) the delegation of a power; or (iii) the doing of anything else (other than the making of a statutory instrument); and (b) the provision is amended by an Act; and (c) under the amended provision— (i) the appointment may be made; or (ii) the power may be delegated; or (iii) the thing may be done. ‘(2) An appointment, delegation or other thing mentioned in subsection (1) that was in force immediately before the commencement of the amendment continues to have effect after the commencement as if it had been done under the amended provision. ‘(3) In this section— “amend” includes omit and re-enact in the same law (with or without modification), but does not include omit and re-enact in another law. ’.

13 Statute Law (Miscellaneous Provisions) No. 32, 1993 13. Section 22A— omit, insert— ‘Insertion of provisions by amending Act ‘22A.(1) If an Act amends a provision of a law by inserting a subsection that is to form part of a series of subsections, and does not specify the position in the provision where it is to be inserted, the subsection is to be inserted in the appropriate numerical or alphanumerical position. ‘(2) If an Act amends a provision of a law by inserting a paragraph that is to form part of a series of paragraphs, and does not specify the position in the provision where it is to be inserted, the paragraph is to be inserted in the appropriate alphabetical position. ‘(3) If an Act amends a provision of a law by inserting a subparagraph that is to form part of a series of subparagraphs, and does not specify the position in the provision where it is to be inserted, the subparagraph is to be inserted in the appropriate numerical or alphanumerical position. ‘(4) If an Act amends a provision of a law by inserting a sub-subparagraph that is to form part of a series of sub-subparagraphs, and does not specify the position in the provision where it is to be inserted, the sub-subparagraph is to be inserted in the appropriate alphabetical position. ‘(5) If an Act amends a provision of a law by inserting a definition that is to form part of a series of definitions, and does not specify the position in the provision where it is to be inserted, the definition is to be inserted in the appropriate alphabetical position, determined on a letter-by-letter basis. ‘(6) If an Act otherwise amends a provision of a law by inserting a provision that is to form part of a series of provisions, and does not specify the position in the first provision where it is to be inserted, the second provision is to be inserted in the appropriate position. ‘(7) In determining the appropriate position in which a provision is to be inserted, regard may be had to current Queensland legislative drafting practice. ‘Amendment to be made wherever possible in provision ‘22B. If an Act amends a provision of a law—

14 Statute Law (Miscellaneous Provisions) No. 32, 1993 (a) by omitting a word; or (b) by omitting a word and inserting another word; or (c) by inserting a word before or after a particular word; the amendment is to be made wherever possible in the provision. ’. 14. Sections 23(2), 24A, 24B(1)(b), 27A(1)(b) and 27A(9)— omit ‘ particular ’, insert ‘ specified ’. 15. Section 24B(4)— omit, insert— ‘(3A) If the appointer is a body, the appointment may be made or terminated by a resolution of the body. ‘(4) The appointment, or the termination of the appointment, must be in, or evidenced by, writing, signed by the appointer or, if the appointer is a body, by a person authorised by the body for the purpose. ’. 16. Section 24B(8)— omit, insert— ‘(8) While the appointee is acting in the office— (a) the appointee has all the functions and powers of the holder of the office; and (b) laws apply to the appointee as if the appointee were the holder of the office. ’. 17. Section 24B (at the end)— insert— ‘(11) If— (a) the appointer is a specified officer or the holder of a specified office; and (b) the person who was the specified officer or holder of the specified

15 Statute Law (Miscellaneous Provisions) No. 32, 1993 office when the appointment was made ceases to be the officer or holder of the office; then— (c) the appointment continues in force; and (d) the person for the time being occupying or acting in the office concerned is taken to be the appointer for the purposes of this section. ‘(12) If— (a) the appointer is a body; and (b) there is a change in the membership of the body; then— (c) the appointment continues in force; and (d) the body as constituted for the time being is taken to be the appointer for the purposes of this section. ‘(13) Writing purporting to be, or to contain, an appointment, or the termination of an appointment, is evidence of the appointment or termination. ‘(14) A certificate signed by the appointer (or, if the appointer is a body, by a person authorised by the body for the purpose) stating anything in relation to an appointment is evidence of the thing. ‘(15) A document purporting to be a certificate mentioned in subsection (14) is taken to be the certificate, and to have been properly given, unless the contrary is established. ’. 18. After section 24B— insert— ‘Acting person nominated by Act etc. ‘24C.(1) This section applies if an Act provides that a specified officer, or the holder of a specified office, (the “nominated person” ) acts as another specified officer or in another specified office on a specified occasion.

16 Statute Law (Miscellaneous Provisions) No. 32, 1993 ‘(2) While the nominated person is acting as the other officer or in the other office— (a) the nominated person has all the functions and powers of the officer or holder of the office; and (b) laws apply to the nominated person as if the nominated person were the officer or holder of the office. ‘(3) Anything done by or in relation to the nominated person while the nominated person is purporting to act as the other officer or in the other office is not invalid merely because the occasion for the nominated person to act had not happened or had ceased. ’. 19. Section 25(1)(b)(v)— omit, insert— ‘ (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise); and ’. 20. Section 27A(1)— omit ‘ in accordance with the Act ’, insert ‘ in accordance with the Act and any other applicable law ’. 21. Section 27A(3A)— omit, insert— ‘(3A) If the delegator is a body, the delegation may be made or revoked by a resolution of the body. ‘(3B) All conditions and preliminary steps required for the exercise of a delegation are presumed to have been satisfied and performed unless the contrary is established. ‘(3C) Laws apply to the delegate in the exercise of a delegated power as if the delegate were the delegator. ’.

17 Statute Law (Miscellaneous Provisions) No. 32, 1993 22. Section 27A(8)— omit, insert— ‘(8) If, when exercised by the delegator, a power is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the power is dependent on the delegate’s opinion, belief or state of mind. ’. 23. After section 27A(8)— insert— ‘(8A) If— (a) the delegator is a specified officer or the holder of a specified office; and (b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the officer or holder of the office; then— (c) the delegation continues in force; and (d) the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section. ‘(8B) If— (a) the delegator is a body; and (b) there is a change in the membership of the body; then— (c) the delegation continues in force; and (d) the body as constituted for the time being is taken to be the delegator for the purposes of this section. ’. 24. After section 27A(10)— insert—

18 Statute Law (Miscellaneous Provisions) No. 32, 1993 ‘(10A) The delegation of a power does not relieve the delegator of the delegator’s obligation to ensure that the power is properly exercised. ’. 25. Section 27A(at the end)— insert— ‘(13) Writing purporting to be, or to contain, a delegation, or the revocation of a delegation, is evidence of the delegation or revocation. ‘(14) A certificate signed by the delegator (or, if the delegator is a body, by a person authorised by the body for the purpose) stating anything in relation to a delegation is evidence of the thing. ‘(15) A document purporting to be a certificate mentioned in subsection (14) is taken to be the certificate, and to have been properly given, unless the contrary is established. ’. 26. Section 29— omit, insert— ‘Legislative Assembly’s resolutions to be interpreted not to exceed authority ‘29.(1) A resolution of the Legislative Assembly, or a committee of the Legislative Assembly, made under an Act is to be interpreted as operating— (a) to the full extent of, but not to exceed, the Legislative Assembly’s constitutional powers; and (b) subject to the Act; and (c) distributively. ‘(2) Without limiting subsection (1), if part of a resolution would, apart from this section, be interpreted as exceeding authority— (a) the resolution is valid to the extent to which it does not exceed authority; and (b) the remainder of the resolution is not affected. ‘(3) Without limiting subsection (1), if the application of part of a

19 Statute Law (Miscellaneous Provisions) No. 32, 1993 resolution to a person, matter or circumstance would, apart from this section, be interpreted as exceeding authority, the part’s application to other persons, matters or circumstances is not affected. ‘(4) This section applies to an Act in addition to, and without limiting, any provision of the Act. ’. 27. After section 32A— insert— ‘Terms defined both in this Act and another Act ‘32AA. If— (a) a word or expression is defined non-exhaustively for the purposes of an Act other than this Act (the “non-exhaustive definition” ); and (b) the word or expression is also defined in this Act (the “Interpretation Act definition” ); then, for the purposes of the first Act— (c) the non-exhaustive definition does not exclude, but may extend, the meaning of the word or expression given by the Interpretation Act definition; and (d) the non-exhaustive and Interpretation Act definitions are to be read in the context of each other and the other provisions of the first Act, but, if the definitions so read are inconsistent, the Interpretation Act definition is displaced. ’. 28. Section 32CB(1)— omit, insert— ‘32CB.(1) Words and expressions used in an Act that amends another law have the same meanings as they have in the other law. ’. 29. Section 32E— omit ‘ means ’, insert ‘ way ’.

20 Statute Law (Miscellaneous Provisions) No. 32, 1993 30. Section 33 (heading)— omit, insert— ‘References to Ministers, departments and chief executives’. 31. Section 33(1)(b)— omit, insert— ‘ (b) a reference to a particular Minister by title, or to “the Minister” without specifying a particular Minister by title, includes a reference to another Minister, or a member of the Executive Council, who is acting for the Minister. ’. 32. Section 33(2)(b) and (c)— omit, insert— ‘ (b) if, for the time being, different Ministers administer the provision in relation to different matters— (i) if only 1 Minister administers the provision in relation to the relevant matter—the Minister; or (ii) if 2 or more Ministers administer the provision in relation to the relevant matter—any 1 of the Ministers; or (c) if paragraph (b) does not apply and, for the time being, 2 or more Ministers administer the provision—any 1 of the Ministers. ’. 33. Section 33(3)— omit ‘ Where ’, insert ‘ If ’. 34. After section 33(4)— insert— ‘(4A) In an Act, a reference to a specified Minister who no longer exists— (a) is a reference to the Minister specified by notification by the

21 Statute Law (Miscellaneous Provisions) No. 32, 1993 Governor in Council; and (b) includes another Minister, or a member of the Executive Council, who is acting for the specified Minister. ’. 35. Section 33(5)(a)(ii)— omit, insert— ‘ (ii) is administered by the Minister or Ministers administering the provision in relation to the matter; or ’. 36. After section 33(5)— insert— ‘(5A) In an Act, a reference to a specified department of government that no longer exists is a reference to the department specified by notification by the Governor in Council. ‘(5B) In a provision of an Act, a reference to the “chief executive” of a department of government without specifying a particular department by name is a reference to the chief executive of— (a) if, for the time being, different Ministers administer the provision in relation to different matters—the department of government that— (i) deals with the relevant matter; and (ii) is administered by the Minister or Ministers administering the provision in relation to the matter; or (b) in any other case—the department of government that— (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister or Ministers for the time being administering the provision. ’. 37. Section 33(6)— omit, insert— ‘(6) To remove any doubt, it is declared that if—

22 Statute Law (Miscellaneous Provisions) No. 32, 1993 (a) a provision of an Act is administered by 2 or more Ministers; and (b) under this section, the provision authorises or requires anything to be done by or in relation to any 1 of the Ministers; the provision does not authorise or require it to be done in a particular case by or in relation to more than 1 of the Ministers. ’. 38. Section 33(8)— omit. 39. Section 35(1)(b)— omit, insert— ‘ (b) a reference to a locality, jurisdiction or other thing is a reference to such a locality, jurisdiction or other thing in and of Queensland. ’. 40. Section 35B— omit, insert— ‘References to certain provisions of an Act ‘35B. If a provision of an Act (the “Act concerned” ) refers to— (a) a Chapter, section or Schedule by a number without mentioning an Act—the reference is a reference to the Chapter, section or Schedule, designated by the number, of or to the Act concerned; or (b) a Schedule without mentioning a number or an Act and there is only 1 Schedule to the Act concerned—the reference is a reference to the Schedule; or (c) a Part by a number without mentioning an Act and the Act concerned does not contain Chapters—the reference is a reference to the Part, designated by the number, of the Act concerned; or (d) a Part by a number without mentioning an Act and the Act concerned contains Chapters—the reference is a reference to the Part, designated by the number, of the Chapter in which the reference occurs; or

23 Statute Law (Miscellaneous Provisions) No. 32, 1993 (e) a Division by a number without mentioning an Act—the reference is a reference to the Division, designated by the number, of the Part in which the reference occurs; and (f) a Subdivision by a number without mentioning an Act—the reference is a reference to the Subdivision, designated by the number, of the Division in which the reference occurs; and (g) a subsection by a number without mentioning an Act—the reference is a reference to the subsection, designated by the number, of the section in which the reference occurs; and (h) a paragraph by a number without mentioning an Act—the reference is a reference to the paragraph, designated by the number, of the section, subsection, Schedule, clause, subclause, item, column, table, form or other provision unit in which the reference occurs; and (i) a subparagraph by a number without mentioning an Act—the reference is a reference to the subparagraph, designated by the number, of the paragraph in which the reference occurs; and (j) a sub-subparagraph by a number without mentioning an Act—the reference is a reference to the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and (k) a clause, subclause, item, column, table, form or other provision unit by a number without mentioning an Act—the reference is a reference to the clause, subclause, item, column, table, form or other provision unit, designated by the number, of or in the Schedule in which the reference occurs; and (l) another provision unit by a number without mentioning an Act—the reference is a reference to the provision unit, designated by the number, of or in a relevant provision unit in which the reference occurs. ’. 41. Section 35C(3)— omit ‘ those ’, insert ‘ the ’.

24 Statute Law (Miscellaneous Provisions) No. 32, 1993 42. Section 35D— omit, insert— ‘Reference to provisions of a law is inclusive ‘35D. In an Act, a reference to a part of a law (including the Act) is a reference to the following— (a) the provision of the law that forms the beginning of the part; (b) the provision of the law that forms the end of the part; (c) any provision of the law between the beginning and end of the part. Example 1— A reference to ‘sections 5 to 9’ includes both section 5 and section 9. It is not necessary to refer to ‘sections 5 to 9 (both inclusive)’ to ensure that the reference is given an inclusive interpretation. Example 2— A reference to ‘sections 260 to 264’ includes a provision such as a Part heading between section 260 and 261. ’. 43. Section 36 (definitions “Act”, “adult”, “ASC Law” and “ASC Regulations”, “chief executive”, “Constitution of Queensland”, “contravene”, “Corporations Law” and “Corporations Regulations”, “document”, “Executive Council”, “gazetted”, “Government”, “Industrial Magistrate”, “minor” and “State”)— omit. 44. Section 36— insert— ‘ “Aborigine” means a person of the Aboriginal race of Australia; “Act” has the meaning given by section 6; “adult” means an individual who is 18 or more; “ASC Law” has the meaning given by Part 11 of the Corporations(Queensland) Act 1990 ;

25 Statute Law (Miscellaneous Provisions) No. 32, 1993 “ASC Regulations” has the meaning given by Part 11 of the Corporations(Queensland) Act 1990 ; “bank” means a bank— (a) as defined in section 5 of the Banking Act 1959 (Commonwealth); or (b) constituted under a law of a State; “building society” has the meaning given by the AFIC (Queensland) Code; “cheque” includes payment order; “chief executive” — (a) in relation to a specified department—means the chief executive (however described) under whose control the department is placed; or (b) without specifying a particular department by name—has the meaning given by section 33; “Constitution of Queensland” means the following— (a) the order in council dated 6 June 1859 mentioned in the preamble to the Constitution Act 1867 ; (b) the Constitution Act 1867 ; (c) each Act amending the order in council or Act; “contravene” includes— (a) breach; and (b) fail to comply with; “Corporations Law” has the meaning given by Part 3 of the Corporations(Queensland) Act 1990 ; “Corporations Regulations” has the meaning given by Part 3 of the Corporations (Queensland) Act 1990 ; “credit union” has the meaning given by the AFIC (Queensland) Code; “document” includes— (a) any paper or other material on which there is writing; and

26 Statute Law (Miscellaneous Provisions) No. 32, 1993 (b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; and (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being produced or reproduced (with or without the aid of another article or device); “financial institution” means a bank, building society or credit union; “fundamental legislative principles” has the meaning given by the Legislative Standards Act 1992 ; “gazetted” means— (a) in relation to subordinate legislation (other than an exempt instrument within the meaning of the Legislative Standards Act1992 )—notified or published in the Gazette; and (b) in any other case—published in the Gazette; “Industrial Magistrate” has the meaning given by the IndustrialRelations Act 1990 ; “law” of a State includes— (a) a law of the State; and (b) a law in force in the State as part of the law of the State; “lease” includes demise and tenancy, whether for a term, for a period or at will; “lessee” includes tenant and the tenant’s executors, administrators and assigns; “lessor” includes landlord and the landlord’s executors, administrators and assigns; “minor” means an individual who is under 18; “mortgage” includes a charge on a property for securing money or money’s worth; “mortgagee” includes a person from time to time deriving title to a mortgage under the original mortgagee; “mortgagee in possession” means a mortgagee who in right of a mortgage has entered into and is in possession of the mortgaged property;

27 Statute Law (Miscellaneous Provisions) No. 32, 1993 “mortgagor” includes a person from time to time deriving title to the equity of redemption under the original mortgagor, or entitled to redeem the mortgage, according to the mortgagor’s interest in the mortgaged property; “possession” of land includes the receipt of income from the land; “printed” includes typewritten, lithographed or produced or reproduced by any mechanical or electronic means; “State” means a State of the Commonwealth, and includes the Australian Capital Territory and the Northern Territory; “the Act” includes any statutory rule made under the Act; “under” , in relation to an Act or a provision of an Act, includes— (a) by; and (b) for the purposes of; “year” , without specifying the type of year, means calendar year. ’. 45. Section 37— omit, insert— ‘Measurement of distance ‘37. In applying an Act, distance is to be measured along the shortest road ordinarily used for travelling unless there is a contrary intention that distance is to be measured in a straight line on a horizontal plane or in another way. ’. 46. Section 38(1)— omit ‘ any purpose ’, insert ‘ a purpose ’. 47. Section 38(4)— omit, insert— ‘(4) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the relevant occasion happens. ’.

28 Statute Law (Miscellaneous Provisions) No. 32, 1993 48. Section 38A— omit, insert— ‘Age ‘38A. For the purposes of an Act, a person attains an age in years at the beginning of the person’s birthday for the age. ’. 49. Section 39(2)(a)— omit, insert— ‘ (a) affects the operation of another law that authorises the service of a document otherwise than as provided in the subsection; or ’. 50. Sections 42 to 45— omit, insert— ‘Penalty etc. may be enforced by anyone ‘42. Any person may take a proceeding for the enforcement of a penalty, or the making of a forfeiture order, under an Act. ‘Appropriation of penalties ‘43.(1) The following rules apply to an amount recovered because of the imposition of a penalty or the making of a forfeiture order— (a) any part of the amount that is ordered under subsection (2) to be paid to the party prosecuting must first be paid to the party; (b) the remaining part of the amount must then be paid to the Consolidated Fund. ‘(2) The court that imposes the penalty, or makes the forfeiture order, may order that not more than half of the amount recovered be paid to the party prosecuting. ‘(3) Subsection (2) does not apply if the party prosecuting is prosecuting as an officer or employee of the State or an officer of the public service.

29 Statute Law (Miscellaneous Provisions) No. 32, 1993 ‘Summary proceedings ‘44.(1) In an Act, a provision of the type mentioned in subsection (2) means that a proceeding for an offence, or a specified offence, against the Act is a summary proceeding under the Justices Act 1886 . ‘(2) Subsection (1) applies to provisions of the following type— (a) a provision to the effect that a proceeding for the offence is to be heard and decided summarily; (b) a provision to the effect that a proceeding for the offence is to be heard and decided by or before justices or a Magistrate; (c) a provision to the effect that the offence is a summary offence or is punishable on summary conviction or summarily; (d) a provision for an offence that does not expressly or impliedly make the offence an indictable offence. ‘(3) In an Act, a provision that provides that another type of proceeding is to be heard and decided summarily, or before justices or a Magistrate, means that the proceeding is a summary proceeding under the Justices Act1886 . ‘(4) A provision providing for the imposition of a penalty or the making of a forfeiture order, without providing how the penalty is to be recovered or the order made, is taken to mean that the penalty may be recovered, or the order made, under the Justices Act 1886 . ‘Offence punishable only once ‘45.(1) If an act or omission is an offence under each of 2 or more laws, the offender may be prosecuted and punished under any of the laws, but the offender may not be punished more than once for the same offence. ‘(2) Subsection (1) applies to a law unless an Act otherwise expressly provides. ‘(3) In this section— “law” includes the common law. ’.

30 Statute Law (Miscellaneous Provisions) No. 32, 1993 51. After section 48— insert— ‘Verification of documents ‘48A. If an Act requires that, for a purpose of the Act or another law, a document, or information or a document included in, attached to or given with a document, be verified in a specified way, the purpose is not fulfilled unless the requirement is satisfied. Example— If an Act requires a document accompanying an application form to be verified by statutory declaration and the document is lodged without being verified in this way, the document has not been properly lodged for the purposes of the Act. ’. 52. Section 49(1)— omit, insert— ‘49.(1) If a form is prescribed by an Act, strict compliance with the form is not necessary and substantial compliance is sufficient. ’. Explanatory note Amendment 1 applies existing section 7 (Act includes statutory instruments under Act) to laws of other Australian jurisdictions and puts beyond doubt that the section applies to statutory instruments. Amendment 2 replaces section 9 (Acts to be construed not to exceed legislative power of Parliament). Although no changes of substance have been made, proposed section 9(1) expressly states that an Act is to be interpreted as operating distributively. This is the effect of existing section 9(2), that is, provisions are to operate independently of the operation of other provisions and the Act is to operate on various persons, matters and circumstances independently of its operation on other persons, matters and circumstances: see, for example, Dixon J. in R v Poole; Ex parte Henry (No. 2) (1939) 61 CLR 634 at 652. The other proposed subsections make minor technical drafting improvements. Amendment 3 introduces a definition of “enactment” into section 14G (References to enactments) to clarify the word’s meaning. Amendment 4 extends existing section 14H (References taken to be included in Act citation etc.) to cover references in an Act to a statutory instrument as well as to an

31 Statute Law (Miscellaneous Provisions) No. 32, 1993 Act. Proposed section 14H will deal with the various resulting combinations, for example, an Act, or a provision of an Act, that is repealed and remade as a statutory instrument or a provision of a statutory instrument. References to the laws of other Australian jurisdictions will be covered because of the proposed definition “law”. Amendment 4 also extends existing section 14I (References to changed short titles and citations) to deal with statutory instruments and laws of the Commonwealth, another State or a Territory as well as Queensland Acts. The amendment also inserts a new section 14J to clarify references made to laws after they have been repealed or have expired. Amendment 5 makes a minor drafting improvement by dividing a paragraph into subparagraphs. Amendments 6 and 8 make minor technical drafting improvements to section 17(3)(d) and (4)(d). Section 17 deals with the exercise of powers between enactment and commencement. Amendment 7 also makes a minor technical amendment of section 17. Existing section 17(4)(b) refers to ‘the’ purpose mentioned in section 17(3). There are in fact 2 purposes mentioned in section 17(3). Amendments 9 and 10 make technical drafting amendments of section 20 (Saving of operation of repealed Act etc.). As ‘liability’ is defined in section 36 to include any obligation, the previous express reference in section 20(1)(c) to ‘obligation’ was unnecessary and has been removed. Amendment 11 inserts new subsection (4) in section 20 to make it clear that the section is in addition to, and does not limit the effect of, any savings or transitional provision in the law by which the repeal, amendment or expiry is effected. Amendment 12 inserts new sections 20A and 20B. Proposed section 20A clarifies the operation of existing sections 19 (Repealed Acts etc. not revived) and 20 (Saving of operation of repealed Act etc.) in relation to the repeal or expiry of certain laws of a declaratory or validating nature. The proposed section will enable laws containing declaratory or validating provisions and laws specified under proposed subsection (2) to be repealed without altering their legal effect. Proposed section 20B makes it clear that appointments (including standing acting appointments and other acting appointments), delegations and other things (other than statutory instruments) existing before the amendment of the power under which they were made continue in force after the amendment if they could be made under the amended provision. Statutory instruments are dealt with in proposed section 20C (Continuance etc. of statutory instruments made under amended provisions) of the StatutoryInstrumentsAct 1992 . Amendment 13 omits existing section 22A (Insertion of definitions by amending Act) and replaces the section with 2 proposed sections. Proposed section 22A extends the existing automatic placement device that applies to the insertion of definitions to subsections, paragraphs, subparagraphs, sub-subparagraphs and other provisions that are to form part of a series of provisions. Proposed section 22B will remove the need

32 Statute Law (Miscellaneous Provisions) No. 32, 1993 to use ‘wherever occurring’ when making amendments. The proposed sections will allow the further simplification of Queensland amending legislation. Amendment 14 makes a minor drafting improvement to several provisions by replacing ‘particular’ with ‘specified’. The changed language is consistent with proposed section 24C (Acting person nominated by Act etc.). Amendment 15 amends section 24B (Acting appointments) by inserting a proposed subsection (3A) and replacing existing subsection (4). Proposed subsection (3A) explains how a body (including a body that does not have a separate legal personality eg. an unincorporated committee) may make or terminate an acting appointment. Existing subsection (4) requires acting appointments or the termination of acting appointments to be in, or evidenced by, signed writing. The replacement subsection clarifies the application of the subsection to bodies. Amendment 16 makes minor technical drafting improvements to section 24B(8) and provides that all laws apply to the acting officer. Amendment 17 adds a number of new subsections to section 24B. Proposed subsections (11) and (12) cover a change in an appointer who is an officer, the holder of an office or a body. They will, for example, allow a body with a different membership than that at the time of appointment to terminate an appointment under proposed subsection (3A) or authorise the making of an evidentiary certificate under proposed subsection (14). Proposed subsections (13) to (15) provide evidentiary statements for acting appointments. Amendment 18 inserts a new section 24C. Existing section 24B deals with people who are appointed to act by a person or body. Proposed section 24C deals with people who are nominated to act by an Act (eg. under the FinancialAdministrationandAuditAct1977 the Deputy Auditor-General acts as Auditor-General during absences of the Auditor-General). The proposed section will also, for example, apply to a deputy of a member who is authorised by an Act to act as the member during absences of the member (eg. absences from meetings). The proposed section mirrors section 24B(8) and (9) and will overcome the need to repeat these standard provisions in individual Acts. Amendment 19 corrects a clerical error in section 25 (Powers of appointment imply certain incidental powers) by inserting ‘the’ before ‘functions’. Amendment 20 makes a minor amendment of section 27A (Delegation of powers). The amendment will allow a delegator authorised under an Act to delegate in accordance with that Act and any other applicable law. Amendment 21 amends section 27A by omitting subsection (3A) and replacing it with 3 subsections. Proposed subsection (3A) remakes existing subsection (3A)(a) and explains how a body may make or revoke a delegation. The other aspects of existing subsection (3A) have been remade in proposed subsection (3B). Proposed subsection (3B) provides a rebuttable presumption that all conditions and preliminary steps required for the exercise of a delegation have been satisfied. Proposed subsection (3C) is the delegation equivalent of section 24B(8)(b). The proposed

33 Statute Law (Miscellaneous Provisions) No. 32, 1993 subsection provides that laws apply to the delegate in the exercise of a delegated power as if the delegate were the delegator. Thus, references in Acts to the delegator include the delegate. Amendment 22 makes minor drafting improvements to subsection 27A(8). Amendment 23 adds 2 new subsections to section 27A. Proposed subsections (8A) and (8B) cover a change in delegator who is an officer, the holder of an office or a body. Existing subsection (3A) covers a change in a delegator who is a body. Amendment 24 inserts an additional subsection (10A) dealing with the obligations of a person who delegates a power. The subsection makes it clear that the person remains responsible for ensuring that the power is properly exercised. Amendment 25 adds 3 new subsections to section 27A relating to evidentiary statements for delegations. The proposed subsections mirror provisions proposed to be inserted in section 24B (Acting appointments). Amendment 26 replaces section 29 (Construction of resolutions of Legislative Assembly). The replacement section simplifies the existing language and brings it into line with proposed section 9 (Act to be interpreted not to exceed Parliament’s legislative power). Under the provision it is intended that a resolution should have a distributive operation, that is, it is to operate on various persons, matters and circumstances independently of its operation on other persons, matters and circumstances. This is to overcome a limitation in severability provisions such as the existing section 29: see, for example, Dixon J. in R v Poole; Ex parte Henry (No. 2) (1939) 61 CLR 634 at 652. The replacement section also applies to committees of the Legislative Assembly. Amendment 27 inserts a proposed new section 32AA to deal with the situation where a term is defined in the Acts Interpretation Act and another Act has a definition of the term that only includes a specified meaning. The other definition is not taken to exclude the definition in the ActsInterpretationAct unless the definitions are actually inconsistent. Amendment 28 amends section 32CB (Words and expressions used in amending Acts) to put beyond doubt the application of the section to statutory instruments (see Statutory Instruments Act 1992 , section 14(1)). Amendment 29 makes a minor drafting improvement to section 32E (Production of records kept in computers etc.). Amendment 30 amends the heading to section 33 (References to Ministers and departments) to include reference to chief executive officers as introduced by proposed section 33(5B). Amendment 31 amends section 33 (References to Ministers and departments). The amendment makes minor drafting improvements to section 33(1)(b) by replacing ‘any other Minister’ with ‘another Minister’ and ‘any member’ with ‘a member’. It also omits the redundant words ‘or on behalf of’. These changes are in accordance with current drafting practice.

34 Statute Law (Miscellaneous Provisions) No. 32, 1993 Amendment 32 makes minor drafting improvements to section 33(2)(b) and (c) by replacing ‘that Minister’ with ‘the Minister’ and ‘those Ministers’ with ‘the Ministers’. Amendment 33 makes a minor drafting improvement to section 33(3). Amendment 34 remakes existing section 33(8)(a) in simpler language and in a more appropriate location. Amendment 35 makes a minor drafting improvement to section 33(5)(a)(ii) by replacing ‘that matter’ with ‘the matter’. Amendment 36 inserts 2 new subsections into section 33. Proposed subsection (5A) remakes existing section 33(8)(b) in simpler language and in a more appropriate location. Proposed subsection (5B) clarifies the meaning of ‘chief executive’ when used without specifying the chief executive’s department. Amendment 37 makes a number of minor drafting improvements to section 33(6). Amendment 38 omits section 33(8). The subsection is proposed to be remade by other amendments as sections 33(4A) and (5A). Amendment 39 makes minor technical amendments of section 35 (References to Queensland to be implied) by replacing references to ‘other matter or thing’ with references to ‘other thing’. It is an unnecessary duplication to refer to both ‘matter’ and ‘thing’. Amendment 40 remakes section 35B (Reference to certain provisions of an Act) to make minor drafting improvements. Proposed section 35B(c) and (d) deal specifically with references to Parts where the Act is divided into Chapters and where it is not. Proposed section 35B(h) covers the existing section 35B(c)(v) and (vi). Amendment 41 makes a minor drafting improvement to section 35C (Headings part of provision etc.) Amendment 42 remakes section 35D (Reference to provisions of an Act is inclusive). The remade section clarifies that a reference to a part of an Act by specifying the first and last provisions of the part includes all provisions, whatever their type, between the first and last provisions (including, for example, all headings). The remade section also puts beyond doubt the application of the section to statutory instruments. Amendment 43 omits a number of definitions from section 36 (Meaning of commonly used words and expressions). Apart from the definitions “Executive Council” and “Government”, the definitions are replaced by Amendment 44. The definitions that have not been replaced are redundant because of section 35 (References to Queensland to be implied). Amendment 44 inserts a number of definitions into section 36. Some of the definitions replace existing definitions. Others are new.

35 Statute Law (Miscellaneous Provisions) No. 32, 1993 “Aborigine”— This definition is new and complements the existing definition “Aboriginal people”. “Act”— This definition corrects a previous incorrect reference to section 5. The reference was also corrected in Reprint No. 1 of the ActsInterpretationAct using section 7(1)(j) of the Reprints Act 1992 . The amendment is being made out of an abundance of caution. “adult” and “minor”— These are replacement definitions. The unnecessary phrase ‘ years of age ’ has been removed from both definitions. “ASC Law” and “ASC Regulations”— These separate definitions replace the previous combined definition. “bank” , “building society” , “cheque” , “credit union” , “financial institution” , “law” and “printed” — These are new definitions of terms commonly used in Acts. “chief executive”— Proposed paragraph (b) is new and complements proposed section 33(5B). “Constitution of Queensland”— This replacement definition makes minor drafting improvements to the existing definition replacing ‘ of 6 June 1859 ’ with ‘ dated 6 June 1859 ’ , ‘ referred to in the preamble ’ with ‘ mentioned in the preamble ’ and ‘ that order in council ’ with ‘ the order in council ’ . The definition also makes it clear that the laws mentioned in the definition are to be considered as a group when the defined term is used. “contravene”— Proposed paragraph (a) is new and clarifies the definition’s meaning. “Corporations Law” and “Corporations Regulations”— These separate definitions replace the previous combined definition. “document”— A minor drafting improvement has been made to paragraph (c) of this existing definition. “fundamental legislative principles”— This definition is new and provides a cross-reference to the LegislativeStandardsAct1992 (including a further change proposed to be made in this Bill). “gazetted”— This definition has been revised consequentially on the changed procedure for subordinate legislation under Part 5 of the StatutoryInstrumentsAct 1992 (including a further change proposed to be made by this Bill); “Industrial Magistrate”— This replacement definition makes a minor drafting improvement by removing the reference to the specific provision of the Industrial Relations Act 1990 that defines the term. “lease” , “lessee” and “lessor”— These 3 new lease-related definitions are taken from the Property Law Act 1974.

36 Statute Law (Miscellaneous Provisions) No. 32, 1993 “mortgage” , “mortgagee” , “mortgagee in possession” , “mortgagor” and “possession”— These 4 mortgage-related definitions and the related definition “possession” have also been taken from the Property Law Act 1974 . “State”— The inclusion of the territories is designed to simplify references to other Australian jurisdictions. “the Act”— This new definition mirrors the existing definition “this Act”. “under”— This new definition will simplify future legislation. For example, it will no longer be necessary to use ‘by or under’ or ‘under or for the purposes of’. “year”— This new definition complements the existing definition “calendar year”. Amendment 45 makes a minor drafting improvement to section 37 (Measurement of distance) by remaking the section in simpler language. Amendment 46 makes a minor drafting improvement to section 38 (Reckoning of time). Amendment 47 makes a minor drafting improvement to section 38(4) by replacing ‘prescribed occasion arises’ with ‘relevant occasion happens’. Amendment 48 makes a minor drafting improvement to section 38A by replacing ‘that age’ with ‘the age’. Amendment 49 makes a minor drafting improvement to section 39 (Service of documents) by replacing ‘any other law’ with ‘another law’. Amendment 50 remakes existing sections 42 to 45 (that relate to offences and criminal proceedings) to make improvements of a drafting nature. No changes of substance have been made in remaking the sections. Amendment 51 inserts a new section 48A dealing with the verification of documents. The new section parallels the verification of forms provision in existing section 49(2)(c). Amendment 52 makes minor drafting improvements to section 49(1) (Forms). ´ ANTI-DISCRIMINATION ACT 1991 Amendments 1. Section 187(a)— omit ‘ section 186 ’, insert ‘ section 195 .’

37 Statute Law (Miscellaneous Provisions) 2. Section 250 (heading)— omit, insert— ‘Appointment of President and other Members’. No. 32, 1993 3. Section 250 (after subsection (1))— insert— ‘(1A) One Member is to be appointed President of the Tribunal by the Governor in Council. ‘(1B) The President may resign office as President without resigning office as a Member. ’. 4. Section 251(1)— omit. 5. Section 251(2)— omit ‘ appointed Member ’, insert ‘ President ’. Explanatory note Amendment 1 corrects a cross-reference error. Amendments 2–6 provide for the appointment of 1 of the Members as President and consequential amendments. ´ ANZAC DAY ACT 1921 Amendments 1. Section 3 (definition “Minister”)— omit.

38 Statute Law (Miscellaneous Provisions) 2. Section 5(a)— omit ‘ The Governor in Council by Order in Council ’, insert ‘ A regulation ’. No. 32, 1993 3. Section 5(b)— omit . 4. Section 10(13)— omit . 5. Section 14— omit, insert— ‘Regulations ‘14. The Governor in Council may make regulations for the purposes of this Act. ’. Explanatory Note Amendments 1 and 3 omit redundant provisions. Amendment 2 and proposed section 14 (inserted by Amendment 5) implement current drafting practice by providing that statutory instruments of a legislative nature used for the purposes of the Act are regulations. Amendments 4 and 5 omit provisions that are now unnecessary because the matters provided for in them are covered by the Financial Administration and Audit Act 1977. ´ ASSOCIATIONS (NATURAL DISASTER RELIEF)ACT 1976 Amendments 1. Section 3 (definition “Minister”)— omit .

39 Statute Law (Miscellaneous Provisions) No. 32, 1993 2. Section 7— omit, insert— ‘Committee ‘7.(1) There is a committee of 3 persons appointed by the Governor in Council. ‘(2) The committee is to meet at the times and places, and conduct its business in the way, prescribed by regulation or, if not prescribed by regulation, as it considers appropriate. ’. 3. Section 9(3) and (4)— omit, insert— ‘(3) The approval of a grant or loan may be given subject to the conditions that the Governor in Council considers appropriate. ’. Explanatory note Amendment 1 omits a redundant definition. Amendments 2 and 3 recast the provisions in accordance with current drafting practice and remove the need for orders in council of an administrative nature. ´ BREAKWATER ISLAND CASINO AGREEMENT ACT1984 Amendments 1. Section 3— omit, insert— ‘Variation of formal agreement ‘3.(1) The formal agreement may be varied by a further agreement between the Minister and the other parties to the formal agreement. ‘(2) The Minister may make a further agreement only if the proposed further agreement has been approved by regulation.

40 Statute Law (Miscellaneous Provisions) No. 32, 1993 ‘(3) The Minister must notify the date of the making of the further agreement by Gazette notice. ’. 2. Section 5— omit, insert— ‘Variation of Board and Council agreements ‘5.(1) In this section— “ancillary agreement” means— (a) the Board agreement; or (b) the Council agreement. ‘(2) An ancillary agreement may be varied by a further agreement between the parties to the ancillary agreement. ‘(3) The parties to an ancillary agreement may make a further agreement only if the proposed further agreement has been approved by regulation. ‘(4) The parties to an ancillary agreement that is amended under subsection (3) must give the Minister a copy of the further agreement that has been made between them as soon as possible after it has been made. ‘(5) The Minister must notify the date of the making of the further agreement by Gazette notice. ’. 3. Section 7— omit . 4. Section 8— renumber as section 7. 5. After section 8— insert—

41 Statute Law (Miscellaneous Provisions) No. 32, 1993 ‘Regulations ‘8.(1) The Governor in Council may make regulations for the purposes of this Act. ‘(2) For the purposes of subsection (1), a mention in— (a) the formal agreement; or (b) the Board agreement; or (c) the Council agreement; of an order in council is taken to be a mention of a regulation. ’. Explanatory Note The amendments implement current drafting practice by providing that the statutory instruments of a legislative nature to be used for the purposes of the Act are regulations. ´ CASINO CONTROL ACT 1982 Amendments 1. Section 4(1)— insert— ‘ “chief executive” means the chief executive of the department; ’. 2. Section 62(4)— omit, insert— ‘(4) A drop box or other receptacle (a “deposit receptacle” ) that is used for the deposit of money, tokens, vouchers, slips or other papers (whether or not there is anything actually deposited in the deposit receptacle at the relevant time) must be fitted with 2 locks. ‘(4A) A gaming table to which a deposit receptacle is attached must be fitted with a lock that secures the deposit receptacle to the gaming table. ‘(4B) A count room or storage area in which there is a deposit receptacle

42 Statute Law (Miscellaneous Provisions) No. 32, 1993 that is being used in connection with the operation of the casino must be fitted with 2 locks. ‘(4C) The key or keys of 1 of the locks mentioned in subsections (4) and (4B) must be under the exclusive control of officers of the Division and the key or keys of the other lock must be under the exclusive control of the casino operator. ‘(4D) The keys of the lock mentioned in subsection (4A) must be under the exclusive control of the casino operator. ‘(4E) A lock must not be able to be unlocked by a key of another lock. ‘(4F) A deposit receptacle must not be— (a) brought into or removed from the area of the casino used for the conduct and playing of games; or (b) locked or unlocked; except at a time and in a way (and in the case of locking or unlocking in a place) approved by the Director. ’. 3. Section 67(2)— omit, insert— ‘(2) The casino operator must not accept a cheque for deposit to the account unless it is— (a) drawn on a bank by the person; and (b) made payable to the casino operator; and (c) dated but not postdated. ‘(2A) Despite subsection (2), the casino operator may accept a cheque for deposit to the account if it is— (a) a traveller’s cheque; or (b) a bank cheque drawn in favour of the person and indorsed to the casino operator; or (c) a cheque drawn by— (i) a casino licensee; or

43 Statute Law (Miscellaneous Provisions) No. 32, 1993 (ii) the holder of a licence to operate a casino issued by another State or Territory under a law corresponding to this Act; in favour of the person and indorsed to the casino operator; or (d) a cheque prescribed by regulation. ’. 4. Section 112(1)(d) (after ‘not’)— insert ‘ , without the approval of the chief executive, ’. 5. Section 112(2)(b) (after ‘not’)— insert ‘ , without the approval of the chief executive, ’. Explanatory note General comment The opportunity has been taken in making the amendments outlined in amendments 2 and 3 to recast certain existing provisions in Plain English. Except as outlined by the relevant amendments, the effect of the Act has not been altered. Amendment 1 inserts a standard definition of chief executive. Amendment 2 The proposed subsections (4) to (4F) restate existing section 62(4) in Plain English with 1 exception. A drop box or other receptacle now needs to be secured to a gaming table with only 1 lock. Amendment 3 This amendment broadens the type of cheques that may be accepted by a casino operator for deposit into a deposit advance account. Amendments 4 and 5 Under these amendments a person who was an officer of the Casino Control Division may now, with the approval of the chief executive, take a position as an employee of, or a business or financial associate with, a licensee within 1 year after the person ceased to be an officer of the Division. Comparable provisions already exist in the GamingMachineAct1991 and these amendments are consistent with those provisions.

44 Statute Law (Miscellaneous Provisions) No. 32, 1993 ´ CHEMICAL USAGE (AGRICULTURAL &VETERINARY) CONTROL ACT 1988 Amendments 1. Section 1— omit ‘ & ’, insert ‘ and ’. 2. Section 4(1) (definition “Minister”)— omit . 3. Section 7— omit, insert— ‘Delegation by Minister ‘7. The Minister may delegate the Minister’s powers under this Act to the chief executive of the department. ’. 4. Section 13— omit, insert— ‘Proscription of chemicals ‘13. The Governor in Council may, by regulation, declare a chemical to be a proscribed chemical if the Governor in Council is of the opinion that— (a) the use of the chemical may cause harm to— (i) any human, animal, plant or property; or (ii) the environment; or (iii) the State’s trade with another State or a Territory or a foreign country; and (b) it is in the public interest to make the proscription. ’.

45 Statute Law (Miscellaneous Provisions) No. 32, 1993 5. Section 38(1)— omit, insert— ‘38.(1) The Governor in Council may make regulations for the purposes of this Act. ’. 6. Section 38(3) to (5)— omit, insert— ‘(3) A regulation may provide for the approval of the Minister to be the standard applicable in respect of a particular thing. ’. Explanatory note Amendment 1 makes a minor change to the Act’s short title. Amendment 2 omits a redundant definition. Amendment 3 remakes an existing provision relating to delegations using current drafting practice and in reliance on section 27A of the Acts Interpretation Act 1954. Amendment 4 remakes an existing provision using current drafting practice and changes the method of proscribing chemicals from an order in council to a regulation. Amendment 5 updates the regulation making power. Amendment 6 omits redundant provisions and remakes an existing provision. ´ CITY OF BRISBANE (FLOOD MITIGATION WORKS APPROVAL) ACT 1952 Amendments 1. Section 5(1)— omit ‘ at any time and from time to time by Order in Council published in the Gazette ’. 2. Section 5(1) (2nd and 3rd sentences)— omit, insert—

46 Statute Law (Miscellaneous Provisions) No. 32, 1993 ‘(1A) The Governor in Council may, in relation to the approval— (i) impose conditions; and (ii) amend or revoke a condition. ’. 3. Section 5(3)— omit ‘ (including any and every term, provision, condition, or stipulation set out in the Order in Council granting the approval or in a separate or further Order in Council) ’. 4. Section 11(1)— omit ‘ Order in Council ’, insert ‘ regulation ’. 5. Section 11(1)— omit ‘ order ’, insert ‘ regulation ’. 6. Section 11(2)— omit ‘ an Order in Council ’, insert ‘ a regulation ’. 7. After section 11— insert— ‘Regulations ‘12. The Governor in Council may make regulations for the purposes of this Act. ’. Explanatory note Amendments 1, 2 and 3 remove the need for orders in council of an administrative character and recast a provision in accordance with current drafting practice. Amendments 4 to 6 implement current drafting practice by providing that the

47 Statute Law (Miscellaneous Provisions) No. 32, 1993 statutory instruments of a legislative character to be used for the purposes of the Act are regulations. Amendment 7 provides for a general regulation making power. ´ COLLECTIONS ACT 1966 Amendments 1. Sections 2 to 4— omit. 2. Section 5(1) (definitions “Art Union”, “Director-General”, Minister” and “Part”)— omit. 3. Section 5(1) (definition “Permanent building society”)— omit . 4. Section 5(1)— insert— ‘ “art union” has the meaning given by the ArtUnionsandPublicAmusements Act 1992 ; ’. 5. Section 5(1) (definition “Appeal for support”)— omit ‘ :The term where used in relation to any art union means any advertisement within the meaning of The Art Union Regulation Acts , 1964 to 1965 ’. 6. Section 25(3)(f)— omit ‘ bank or building society ’, insert ‘ financial institution ’.

48 Statute Law (Miscellaneous Provisions) No. 32, 1993 7. Section 26(1)(d)— omit ‘ bank or building society ’, insert ‘ financial institution ’. 8. Section 34(1)(c)— omit ‘ bank, building society ’, insert ‘ financial institution ’. 9. Section 47(3)(xii)— omit ‘ bank, building societies ’, insert ‘ financial institution ’. Commencement Amendments 3 and 6 to 9 of the Collections Act 1966 commence on a day to be fixed by proclamation. Explanatory note Amendments 1 to 5 omit unnecessary provisions and update references. Amendments 6 to 8 extend the range of financial institutions into which money collected under Part 3 of the CollectionsAct may be deposited to include credit unions (see definition “financial institution” proposed to be inserted into the ActsInterpretation Act 1954 by this Bill). ´ DISTRICT COURTS ACT 1967 Amendments 1. Section 10— omit, insert— ‘Chief Judge and Senior Judges ‘10.(1) The Governor in Council may, by commission, appoint— (a) a District Court Judge as Chief Judge of District Courts; and (b) 1 or more District Court Judges as Senior Judge or Senior Judges of District Courts.

49 Statute Law (Miscellaneous Provisions) No. 32, 1993 ‘(2) The Governor in Council may, by Gazette notice, appoint a Judge to act as Chief Judge or a Senior Judge during any period, or all periods, when the Chief Judge or Senior Judge is, for any reason, unable to discharge the person’s office. ’. 2. Section 101— omit ‘ by Order in Council ’. Explanatory note Amendment 1 provides for the replacement of the titles of ‘Chairman’ and ‘Deputy Chairman’ by ‘Chief Judge’ and ‘Senior Judge’ respectively. The provisions relating to acting appointments for the offices have also been updated. Rules of Court The District Courts Rules of Court are subordinate legislation under section 9 of the StatutoryInstrumentsAct1992 . It is unnecessary for the Governor in Council to sanction the Rules by an instrument that is also subordinate legislation. The amendment removes the requirement that the Governor in Council’s sanction be by way of an order in council. ´ EDUCATION (GENERAL PROVISIONS) ACT 1989 Amendments 1. Section 3(1) (definitions “company” and “Director-General”)— omit . 2. Section 3(1)— insert— ‘ “Director-General” means the chief executive of the department; ’. 3. Section 3(1) (definition “Education Office Gazette”)— omit ‘ Department of Education ’, insert ‘ department ’.

50 Statute Law (Miscellaneous Provisions) No. 32, 1993 4. Section 3(1) (definition “State educational institution”)— omit ‘ , 15, 16 or 17 ’, insert ‘ or 15 ’. 5. Section 3(1) (definition “State school”)— omit all words from ‘ or such other ’. 6. Section 3(2)— omit ‘ prescribed by Order in Council ’, insert ‘ approved by the Governor in Council ’. 7. Section 4(1)(d)— omit ‘ companies ’ (1st mention) , insert ‘ a corporation or partnership ’. 8. Section 4(1)(d)— omit ‘ any company or companies ’, insert ‘ a corporation or partnership ’. 9. Sections 15 to 17— omit, insert— ‘Establishment of school support centres, student hostels and residential colleges and other State educational institutions ‘15.(1) If the Minister considers it necessary or convenient for the purposes of this Act, the Minister may establish and conduct, in accordance with guidelines approved by the Governor in Council— (a) centres for the support and development of teachers and other officers of the department; or (b) student hostels or student residential colleges; or (c) other State educational institutions. ‘(2) The Minister may provide resources for any association, person or body, the objects of which are to provide for the support and development of teachers and other officers of the department. ’.

51 Statute Law (Miscellaneous Provisions) No. 32, 1993 10. Section 58(2)(a)(i)— omit ‘ prescribed by Order in Council ’, insert ‘ approved by the Governor in Council ’. 11. Heading to Part 6— omit ‘ COMPANIES ’, insert ‘ CORPORATIONS, PARTNERSHIPS ’. 12. Section 63 (heading)— omit ‘companies’, insert ‘corporations’. 13. Section 63(1)— omit ‘ company whether incorporated, established or entered into within or outside the State, ’, insert ‘ corporation or partnership ’. 14. Section 63(2)— omit ‘ any company ’, insert ‘ a corporation or partnership ’. 15. Section 65 (heading)— omit ‘Companies’, insert ‘Corporations and partnerships’. 16. Section 65— omit ‘ Any company ’, insert ‘ A corporation or partnership ’. 17. Section 65— omit ‘ company’s affairs ’, insert ‘ affairs of the corporation or partnership ’.

52 Statute Law (Miscellaneous Provisions) No. 32, 1993 18. Section 66— omit ‘ any company ’, insert ‘ a corporation or partnership ’. 19. Section 67(1)— omit ‘ company ’, insert ‘ corporation or partnership ’. 20. Section 75— omit, insert— ‘Restriction on establishment of places for teaching overseas curriculum ‘75.(1) In this section— “international educational institution” means an institution, facility, school, college or other place in Queensland that offers or proposes to offer an overseas curriculum or something that purports to be an overseas curriculum; “overseas curriculum” means a curriculum that is, or is a variation of, the whole or part of the primary or secondary curriculum of a foreign country. ‘(2) A person must not establish or conduct an international educational institution without the approval of the Governor in Council. ‘(3) The Governor in Council may impose conditions on the approval that the Governor in Council considers appropriate. ‘(4) The Minister may cause an international educational institution to be inspected by the executive director of the region in which the institution is situated at the intervals, and in the way, that the Minister determines. ‘(5) The Minister may recover from the person who conducts an international educational institution the reasonable costs incurred in relation to an inspection. ‘(6) Subject to an appropriation by the Parliament for the purpose, a regulation may be made with respect to the payment of allowances to persons enrolled in an international educational institution. ‘(7) Subsection (6) does not apply to—

53 Statute Law (Miscellaneous Provisions) No. 32, 1993 (a) a State educational institution; or (b) a non-State school; or (c) a place where instruction is received under section 58(2)(a). ’. 21. Section 76— omit, insert— ‘Restriction on overseas persons receiving instruction ‘76.(1) A person must not enrol or provide instruction to a person from a foreign country on a fee-paying basis in any of the following educational institutions unless the Governor in Council has given approval to the institution to provide instruction to persons from foreign countries— (a) a non-State school; (b) another institution (other than a State school) preparing students for a junior or senior certificate; (c) an international educational institution in respect of which an approval is given under section 75. ‘(2) The Governor in Council may impose conditions on the approval that the Governor in Council considers appropriate. ’. 22. Section 78— omit, insert— ‘Regulations ‘78.(1) The Governor in Council may make regulations for the purposes of this Act. ‘(2) A regulation may be made with respect to the following matters— (a) the matters for which fees are payable under this Act, the amounts of the fees, the persons who are liable to pay fees, when the fees are payable, and the recovery of any unpaid amount of fees; (b) the management, administration and control of the operations of a State educational institution;

54 Statute Law (Miscellaneous Provisions) No. 32, 1993 (c) prescribing offences for contraventions of a regulation and fixing a maximum penalty of 10 penalty units for a contravention. ’. 23. Section 80— omit . 24. After section 81— insert— ‘Savings—established centres, hostels, colleges and institutions ‘81A.(1) This section applies to the following institutions— (a) a centre for the support and development of teachers and other officers of the department; (b) a student hostel or student residential college; (c) another State educational institution. ‘(2) An institution to which this section applies that— (a) was established under this Act before the commencement of this section; and (b) was maintained or carried on under this Act immediately before the commencement; is taken to be an institution established under this Act after the commencement. ‘(3) This section expires at the end of the day it commences. ’. 25. Section 84— omit all words from ‘ shall upon ’, insert ‘ is evidence of the matters contained in the certificate. ’. Explanatory Note Amendment 1 omits a definition that contains a reference to an outdated Act and also a definition replaced by amendment 2.

55 Statute Law (Miscellaneous Provisions) No. 32, 1993 Amendment 2 updates an existing definition in line with the ActsInterpretationAct1954 Amendment 3 updates an existing definition in line with the ActsInterpretationAct1954 . Amendment 4 makes a consequential amendment because of amendment 9. Amendment 5 corrects a minor error by omitting reference to other means of educational instruction that are dealt with in section 14. Amendments 6 and 10 remove the requirement for an order in council prescribing administrative guidelines. Amendments 7, 8 and 11 to 19 makes consequential amendments because of amendment 1 by omitting references to companies and replacing them with references to corporations and partnerships. Amendment 9 repeals and recasts the existing sections 15 to 17 in accordance with current drafting practice. In addition the requirement for orders in council giving authorisations and approvals under the provisions is removed. Amendments 20 to 21 recast the existing sections 75 and 76 in accordance with current drafting practice. In addition the requirement for orders in council giving authorisations and approvals under the provisions is removed. Amendment 22 remakes section 78 in the current drafting style for regulation making powers. Amendment 23 omits a redundant provision. Amendment 24 saves the establishment of existing centres, hostels, colleges and other State educational institutions. Amendment 25 makes a minor change in accordance with current drafting practice. ´ ELECTRICITY ACT 1976 Amendments 1. Schedule 5 (before clause 4(1))— insert— ‘4.(1A) In this clause— “old fund” means a fund mentioned in clause 2(1); “old fund contributor” means a person who was a contributor to an old fund and has not made an election under subclause (1). ’.

56 Statute Law (Miscellaneous Provisions) No. 32, 1993 2. Schedule 5, clause 4(1)— omit ‘ a fund set out in clause 2(1) ’, insert ‘ an old fund ’. 3. Schedule 5 (after clause 4(4))— insert— ‘(5) The Articles may provide for an old fund contributor to elect to— (a) cease to have the benefits, rights, privileges and liabilities provided for under subclause (2); and (b) have the benefits, rights, privileges and liabilities provided for under the Articles. ’. Explanatory note The Act provides for a superannuation scheme for employees in the electricity supply industry. The scheme commenced on 28 July 1980. The scheme is governed by Articles made by the Governor in Council under s.371 of the Act. When the new scheme commenced, employees who were already contributing to certain other superannuation funds at the time became contributors to the new scheme. These employees were given the opportunity to elect, in the time provided, to convert their interests to interests in the new scheme. If an employee did not make this election, his or her interests are determined under the rules of the relevant old fund. The purpose of the amendments is to enable the Governor in Council to provide, in the Articles, for further opportunities for such employees to elect to convert to the new scheme on equitable terms. ´ FIRE SERVICE ACT 1990 Amendments 1. Section 66(2)(b)— omit, insert— ‘ (b) in a State Forest, Timber Reserve or Forest Entitlement Area without the approval of the chief executive of the department that deals with matters arising under the Forestry Act 1959 . ’.

57 Statute Law (Miscellaneous Provisions) No. 32, 1993 2. Schedule 5 (clauses 7 to 9)— omit, insert— ‘7. A building other than a drive-in picture theatre used to accommodate more than 200 persons attending for a public meeting or for recreational, cultural or conference purposes. ‘8. A building used as a workplace within the meaning of the WorkplaceHealth and Safety Act 1989 in which persons are employed to work in a room or rooms— (a) below ground level; or (b) at a floor level more than 1 floor level above ground level. ‘9. A building used to provide office accommodation at a floor level more than 6 floor levels above ground level. ’. Explanatory Note Amendment 1 replaces a mention of the Conservator of Forests with the chief executive of the department and recasts the paragraph. Amendment 2 inserts the rest of clause 8, part of which was accidentally omitted from the Fire Service Act Amendment and Fire Safety Act Repeal Act 1991 , because of a printing error. ´ FOREIGN GOVERNMENTS (TITLES TO LAND) ACT1948 Amendments 1. Section 3— omit, insert— ‘Authority for foreign government to hold land in Queensland ‘3. The government of a foreign country, or the accredited agent of a government of a foreign country, may only hold an estate or interest in land in Queensland for a purpose mentioned in section 2 if the Governor in Council has, by Gazette notice, authorised the country or agent to hold the estate or interest. ’.

96 Statute Law (Miscellaneous Provisions) No. 32, 1993 (with or without modification) in another law since the reference was made, may be given using the first law and the other law. ‘(3) A reference to a provision of a law that has been omitted and remade (with or without modification and whether in the law or another law) may be given using the provision as remade. ‘(4) In this section— “law” includes a law of the Commonwealth, another State or a Territory. “make” includes enact. ’. 4. Section 24 (item 1 of examples)— omit, insert— ‘T1.he commissioner may, by writing signed by him (signed notice), delegate any of his (the commissioner’s) powers.’. ’. 5. Section 29 (example 19, column 1 of the table and in column 2 opposite)— insert— ‘ of its own motion on its own initiative’. 6. Section 29 (at the end)— insert— ‘ Example 22 (plural to singular)— ‘another area’ may replace ‘other areas’. Example 23 (plural to singular)— ‘In this regulation’ may replace ‘In these regulations’.

97 Statute Law (Miscellaneous Provisions) No. 32, 1993 Example 24 (outdated terms)— ‘employer’ and ‘employee’ may replace ‘master’ and ‘servant’. ’. 7. After section 30 (in Division 4)— insert— ‘Order of other provisions ‘30A. If a provision of a law contains provisions in a particular order, the provision may be expressed so that the provisions are in an order that is consistent with current legislative drafting practice. ’. 8. Section 31— omit, insert— ‘References to type of statutory instrument ‘31.(1) If— (a) a statutory instrument has, or could be given, a citation indicating the type of instrument in the singular; and (b) the instrument or another law contains referential words or other words that refer to the instrument in the plural; the words may be replaced by appropriate words in the singular. ‘(2) If— (a) a statutory instrument was made as an instrument of a particular type (the “original type” ); and (b) under a law, the instrument continues to have effect and is taken to be an instrument of a different type (the “new type” ); and (c) the instrument contains a citation, referential words or other words that refer to the instrument as an instrument of the original type;

98 Statute Law (Miscellaneous Provisions) No. 32, 1993 the words may be replaced by appropriate words that refer to the instrument as an instrument of the new type. ’. 9. Section 49— omit, insert— ‘Amendment of and reference to reprinted law etc. ‘49.(1) A law may be amended or referred to as set out in this section. ‘(2) If a reprint of the law has been produced and no amendments of the law have commenced on or after the reprint date specified in the latest reprint, the law may be amended or referred to having regard to the text of the law as shown in the latest reprint. ‘(3) If a reprint of the law has been produced and amendments of the law have commenced on or after the reprint date specified in the latest reprint, the law may be amended or referred to having regard to the text of the law— (a) as shown in the latest reprint; and (b) as the text would be required to be shown in a subsequent reprint because of Part 3 (Amendments must be included in reprints). ‘(4) If a reprint of the law has not been produced, the law may be amended or referred to having regard to the text of the law— (a) as it would be required to be shown in a reprint because of Part 3 (Amendments must be included in reprints); and (b) as the text could be shown if the following provisions were used— (i) Division 2 (Updated citations and references to law) of Part 4 (Editorial changes may be included in reprints); (ii) section 29 (Expression of number, year, date, time, amount of money, quantity etc.) but only to express the designation of provision units in the law, and references to the designation of provision units in another law, in a way that is consistent with current legislative drafting practice; (iii) Division 5 (Updated naming conventions within statutory instruments) of Part 4 (Editorial changes may be included in

99 Statute Law (Miscellaneous Provisions) No. 32, 1993 reprints). Example of subsection (4)(b)(ii)— An expression in column 1 of the following table may be amended or referred to as if it were the corresponding bolded expression in column 2. TABLE Column 1 Column 2 Part II Part 2 First Schedule Schedule 1’. Explanatory note Amendment 1 complements the proposed section 20B of the StatutoryInstrumentsAct 1992 . Amendment 2 provides a more helpful section heading. Amendment 3 remakes existing section 22 (Substituted law or provision) consistent with proposed section 14H (References taken to be included in citation of law) of the Acts Interpretation Act 1954 . Amendment 4 makes a minor improvement to the example by replacing ‘written notice’ with ‘signed notice’. Amendments 5 and 6 clarify further the scope of section 29 by providing additional examples of its operation in relation to outdated expressions. Amendment 7 complements section 30 (Order of definitions), as well as proposed section 22A (Insertion of provisions by amending Act) of the ActsInterpretationAct1954 . Amendment 8 replaces existing section 31 which deals with the updating of references to types of instruments. Proposed section 31 will facilitate the reprinting of subordinate legislation in a form that reflects the simplification of the types of subordinate legislation. Amendment 9 remakes section 49 (Amendment of law may be made in accordance with reprint etc.). Proposed section 49 permits a reprint of a law to be used to refer to the law as well as amend the law. In addition, proposed section 49(4)(b) enables updated citations and references to laws, updated designation of provision units and updated naming conventions within statutory instruments to be taken into account. It is not intended that proposed section 49(b)(ii) be relied on to compress references such as ‘paragraph (a) of subsection (1) of section 37’ to ‘section 37(1)(a)’. The proposed section will facilitate the modernising of Queensland legislation by

100 Statute Law (Miscellaneous Provisions) No. 32, 1993 ensuring that modern Plain English drafting style can be used in relation to legislation drafted in older styles. ´ RETURNED SERVICEMEN’S BADGES ACT 1956 Amendments 1. Long title— omit, insert— ‘An Act relating to the unauthorised use or possession of membership badges issued by the corporation currently named the Returned & Services League of Australia (Queensland Branch) and by other associations’. 2. Section 2 (definition “The League”)— omit . 3. Section 2— insert— ‘ “League” means the corporation— (a) formerly named The Returned Sailors’, Soldiers’ and Airmen’s Imperial League of Australia, Queensland Branch; and (b) subsequently named the Returned Services League of Australia (Queensland Branch); and (c) now named the Returned & Services League of Australia (Queensland Branch); ’. 4. Section 3 (Penalty)— omit, insert— ‘ Maximum penalty—

101 Statute Law (Miscellaneous Provisions) No. 32, 1993 (a) for a first offence—1 penalty unit; and (b) for a subsequent offence—2 penalty units. ’. 5. Section 4(1) (definition “prescribed returned servicemen’s association”, paragraph (d))— omit ‘ pursuant to an Order in Council made hereunder ’, insert ‘ under a regulation under subsection (2) ’. 6. Section 4(2)(a)— omit, insert— ‘(2) Subject to section (2A), the Governor in Council may, by regulation, declare that this Act applies to a specified association, body, or organisation of persons. ’. 7. Section 4(2)(b)— omit . 8. Section 4(2)(c)— renumber as subsection (2A). 9. Section 4(2A) (as renumbered)— omit ‘ Order in Council ’, insert ‘ regulation ’. 10. Section 4(2)(d)— omit . 11. Section 4(4) (Penalty)— omit, insert— ‘ Maximum penalty—

102 Statute Law (Miscellaneous Provisions) (a) for a first offence—1 penalty unit; and (b) for a subsequent offence—2 penalty units. ’. No. 32, 1993 Commencement All amendments of the Returned Servicemen’s Badges Act 1956 commence on a day to be fixed by proclamation. Explanatory note Amendments 1, 2 and 3 are for the purposes of the change of name from the Returned Services League of Australia (Queensland Branch) to the Returned & Services League of Australia (Queensland Branch). Amendments 4 and 11 replaces cash penalties with penalty units. Amendments 5 to 10 ensure consistent use of regulations for subordinate legislation. ´ RETURNED SERVICES LEAGUE OF AUSTRALIA (QUEENSLAND BRANCH) ACT 1956 Amendments 1. Long title— omit ‘the Returned Services League of Australia (Queensland Branch) and formerly named the Returned Sailor’s, Soldiers’ and Airmen’s Imperial League of Australia, Queensland Branch’, insert ‘the Returned & Services League of Australia (Queensland Branch)’. 2. Preamble— omit ‘ named the Returned Services League of Australia (Queensland Branch) and formerly named The Returned Sailors’, Soldiers’ and Airmen’s Imperial League of Australia, Queensland Branch ’, insert ‘ formerly named The Returned Sailors’, Soldiers’ and Airmen’s Imperial League of Australia, Queensland Branch, subsequently named the Returned Services League of Australia (Queensland Branch) and now

103 Statute Law (Miscellaneous Provisions) No. 32, 1993 named the Returned & Services League of Australia (Queensland Branch), ’. 3. Section 1— omit, insert— ‘Short title ‘1. This Act may be cited as the Returned&ServicesLeagueofAustralia (Queensland Branch) Act 1956 . ’. 4. Section 2 (all words after heading and before definition “acting authorised representative”)— omit, insert— ‘2. In this Act— ’. 5. Section 2 (definition “State Branch”)— omit, insert— ‘ “State Branch” means the corporation— (a) formerly named The Returned Sailors’, Soldiers’ and Airmen’s Imperial League of Australia, Queensland Branch; and (b) subsequently named the Returned Services League of Australia (Queensland Branch); and (c) now named the Returned & Services League of Australia (Queensland Branch); ’. 6. Section 2 (2nd sentence commencing ‘Legal proceedings’)— omit . 7. Section 3 (heading)— insert— ‘Vesting of property’.

104 Statute Law (Miscellaneous Provisions) No. 32, 1993 8. Section 3(1) (heading)— omit . 9. Section 3(1)— omit ‘ The Returned Services ’, insert ‘ The Returned & Services ’. 10. Section 3(2) (heading)— omit . 11. Section 3(3)— omit . 12. Section 7— omit, insert— ‘Register of trustees to be kept ‘7.(1) The authorised representative of the State Branch must keep a register of trustees of property held subject to the Act on behalf of the District Branches and Sub-Branches. ‘(2) The register must— (a) be in the form approved by the chief executive; and (b) kept in duplicate; and (c) be called and inscribed the ‘Returned & Services League of Australia (Queensland Branch) Register of Trustees for Queensland’. ‘(3) If a District Branch or Sub-Branch appoints a new trustee, the authorised representative must update the register by inserting the following information and signing each amendment— (a) the name and address of the new trustee; (b) the reason for the appointment;

105 Statute Law (Miscellaneous Provisions) No. 32, 1993 (c) the date of the appointment; (d) the date of the amendment of the register. ’. 13. Section 11— omit ‘ legal ’. 14. After section 13— insert— ‘Transitional provision because of name change of trustees ‘14.(1) In this section— “new name” means the official name mentioned in section 3(1) after the commencement of this section; “previous name” means the official name mentioned in section 3(1) before the commencement of this section. ‘(2) If the previous name is recorded in a register including, for example, the land registry, the person whose duty it is to keep the register must change the previous name to the new name on production of instruments that the person considers proper for the purpose of recording the change of name. ‘(3) No fee may be charged for the change to a register as mentioned in subsection (3). ‘(4) An instrument mentioned in subsection (3) does not create a liability on any person for stamp duty. ‘Transitional provision for register ‘15.(1) This section applies to a register kept for the purposes of section 7 before the commencement of this section. ‘(2) As soon as possible after the commencement of this section, the register is to be inscribed with the name ‘Returned & Services League of Australia (Queensland Branch), Register of Trustees for Queensland’.

106 Statute Law (Miscellaneous Provisions) No. 32, 1993 ‘(3) On compliance with subsection (2), the register becomes the register for the purposes of section 7. ’. 15. Schedule— omit . Commencement All amendments of the Returned Services League of Australia (Queensland Branch) Act 1956 commence on a day to be fixed by proclamation. Explanatory note Amendments 1 to 3, 5, 9 and 12 are for the purposes of the change of name from the Returned Services League of Australia (Queensland Branch) to the Returned & Services League of Australia (Queensland Branch). Amendment 14 deals with transitional matters because of the change of name. The other amendments are statute revision matters, including the replacement of a form in the schedule with a form approved by the chief executive. ´ RURAL TRAINING SCHOOLS ACT 1965 Amendments 1. Section 20(1) and (2)— omit . 2. After section 38— insert— ‘Driving motor vehicle as part of training ‘38A.(1) In this section— “driver’s licence” means a driver’s licence within the meaning of the Traffic Act 1949 ; “motor vehicle” means a motor vehicle within the meaning of the TrafficAct 1949 ;

107 Statute Law (Miscellaneous Provisions) No. 32, 1993 “road” means a road within the meaning of the Traffic Act 1949 . ‘(2) Despite the Traffic Act 1949 , a student at a school who is required to drive a motor vehicle on a road in the school grounds as part of the student’s training at the school is, while so driving the motor vehicle, taken to be the holder of a driver’s licence to drive the motor vehicle. ’. Explanatory note Amendment 1 omits provisions that are now unnecessary because the matters provided for in them are covered by the Financial Administration and Audit Act 1977. Amendment 2 removes legal difficulties that would arise if a student who is required to drive a motor vehicle on a road in the school grounds as part of the student’s training at school did not hold a licence to drive the vehicle (if for example, the student was not old enough to obtain a licence) and was involved in an accident while driving the motor vehicle. ´ SEWERAGE AND WATER SUPPLY ACT 1949 Amendment 1. After section 7— insert— ‘Entitlements of Board members ‘7A.(1) The Board members are to be paid the fees and allowances that may be approved by the Governor in Council. ‘(2) A Board member is entitled to be reimbursed out of pocket expenses that— (a) are necessarily incurred by the member in the performance of the functions of the office; and (b) are approved by the Board. ’. Explanatory note Amendment 1 provides for the payment of fees and allowances, and reimbursement of out of pocket expenses, to Board members.

108 Statute Law (Miscellaneous Provisions) No. 32, 1993 ´ STATUTORY INSTRUMENTS ACT 1992 Amendments 1. Section 15(f)(ii)— omit, insert— ‘ (ii) by the Clerk of the Parliament or the member who laid the statutory instrument before the Legislative Assembly; and ’. 2. Section 20A (at the end)— insert— ‘(3) If subsection (1) applies to a provision of an Act, a reference in a law (including the Act) to subordinate legislation of a particular type made under the provision, or the Act generally, includes a reference to a regulation that makes provision with respect to a matter for the purposes of the provision. Example— If a provision of an Act refers to orders in council made under section 6 of the Act and subsection (1) applies in relation to section 6, the reference includes a reference to a regulation that makes provision with respect to a matter for the purposes of section 6. ’. 3. After section 20A (in Subdivision A)— insert— ‘Correct year in statutory instrument’s short title etc. ‘20B. If— (a) a statutory instrument is made in a particular year (the “year of making” ); and (b) apart from this section, the statutory instrument’s citation would include a single year other than the year of making; the citation of, and a reference to, the statutory instrument may be given by omitting the other year and inserting the year of making.

109 Statute Law (Miscellaneous Provisions) No. 32, 1993 ‘Continuance etc. of statutory instruments made under amended provisions ‘20C.(1) This section applies if— (a) a provision of a law expressly or impliedly authorises or requires a statutory instrument to be made for a purpose; and (b) the provision is amended; and (c) under the amended provision— (i) a type of instrument is no longer specified for the purpose; or (ii) another type of instrument is specified for the purpose; or (iii) the same type of instrument is specified for the purpose. ‘(2) If subsection (1)(c)(i) applies, a statutory instrument that was in force immediately before the commencement of the amendment— (a) continues to have effect after the commencement; and (b) may be amended or repealed by an instrument of the type specified in the provision before the amendment. ‘(3) If subsection (1)(c)(ii) applies, a statutory instrument that was in force immediately before the commencement of the amendment— (a) continues to have effect after the commencement; and (b) is taken to be an instrument of the type specified in the amended provision. ‘(4) If subsection (1)(c)(iii) applies, a statutory instrument that was in force immediately before the commencement of the amendment continues to have effect after the commencement as if it had been made under the amended provision. ‘(5) In this section— “amend” includes omit and re-enact in the same law (with or without modification), but does not include omit and re-enact in another law. ’.

110 Statute Law (Miscellaneous Provisions) No. 32, 1993 4. Section 21— omit, insert— ‘Statutory instrument to be interpreted not to exceed powers conferred by authorising law ‘21.(1) A statutory instrument is to be interpreted as operating— (a) to the full extent of, but not to exceed, the power conferred by the law under which it is made (the “authorising law” ); and (b) distributively. ‘(2) Without limiting subsection (1), if a provision of a statutory instrument would, apart from this section, be interpreted as exceeding power— (a) the provision is valid to the extent to which it does not exceed power; and (b) the remainder of the statutory instrument is not affected. ‘(3) Without limiting subsection (1), if the application of a provision of a statutory instrument to a person, matter or circumstance would, apart from this section, be interpreted as exceeding power, the provision’s application to other persons, matters or circumstances is not affected. ‘(4) This section applies to a statutory instrument in addition to, and without limiting, any provision of the statutory instrument or authorising law. ’. 5. After section 30— insert— ‘Reasonable cost etc. may be prescribed as fee ‘30A. If a power is conferred by a law for a statutory instrument to be made with respect to a fee for doing a thing, the power includes a power to prescribe the fee as an amount— (a) that a specified person or body considers to be reasonable; and (b) that is not more than the reasonable cost of doing the thing. ’.

111 Statute Law (Miscellaneous Provisions) No. 32, 1993 6. Section 40(2) and (3)— omit, insert— ‘(2) In the case of subordinate legislation that is not an exempt instrument under the Legislative Standards Act 1992 , subsection (1) may be complied with in either of the following ways— (a) by publication in the Gazette of a notice of— (i) the making of the subordinate legislation; and (ii) a place or places where copies can be obtained (by purchase or otherwise); (b) by publication in the Gazette of the subordinate legislation. ‘(3) In the case of subordinate legislation that is an exempt instrument under the LegislativeStandardsAct1992 , subsection (1) may only be complied with by publication in the Gazette of the subordinate legislation. ’. 7. Schedule 1— insert ‘ section 7 ’. 8. Schedule 1— omit ‘ 14I ’, insert ‘ 14J ’. 9. Schedule 1— omit ‘ 49 ’, insert ‘ 48A ’. Explanatory note Amendment 1 amends section 15 (Modified application—s.14B) which defines “extrinsic material” for statutory instruments. The inclusion of the Clerk in proposed 15(f)(ii) reflects current Parliamentary practice. Amendment 2 clarifies the application of section 20A(1) to references to subordinate legislation that may be replaced by a regulation. Amendment 3 inserts 2 new sections. Proposed section 20B enables statutory instruments to be cited by a short title that correctly reflects the year in which they are made. Proposed section 20C provides for the continuance of statutory

112 Statute Law (Miscellaneous Provisions) No. 32, 1993 instruments made under amended provisions. The proposed section will be particularly relevant to cases where a provision is amended to provide for a changed instrument type as part of the process of rationalising the types of Queensland statutory instruments, or where a regulation making power is replaced by a standard regulation making power. Amendment 4 remakes section 21 (Statutory instruments to be construed not to exceed powers conferred by law under which made) consistent with proposed section 9 (Act to be interpreted not to exceed Parliament’s legislative power) of the Acts Interpretation Act 1954 . Amendment 5 enables an authorised fee, for example, a fee for the inspection and taking copies of documents, to be expressed as a fee reflecting the reasonable costs incurred, rather than as a fixed dollar amount. Amendment 6 ensures easy access through the Gazette to the small number of legislative instruments that are exempt from being drafted by the Office of the Queensland Parliamentary Counsel under the LegislativeStandardsAct1992 and that, because of this, are not included in the new Subordinate Legislation Series. Exempt instruments must now be published in full in the Gazette. Other subordinate legislation may merely be noted in the Gazette and will be included in the Subordinate Legislation Series. Amendments 7 to 9 amend Schedule 1 to include section 7 (Act includes statutory instruments under Act etc.) and proposed sections 14J (References to repealed or expired laws) and 48A (Verification of documents) of the ActsInterpretationAct1954 in the list of provisions of that Act that apply to statutory instruments. ´ STIPENDIARY MAGISTRATES ACT 1991 Amendments 1. After section 10(2)— insert— ‘(2A) Subsection (2) does not authorise the Chief Stipendiary Magistrate to promote a Magistrate. ’. 2. Section 15(4)(a)— omit, insert— ‘ (a) has been convicted of an indictable offence; or ’.

113 Statute Law (Miscellaneous Provisions) No. 32, 1993 3. Section 16(3)— omit ‘ section 15(3) ’, insert ‘ section 15(4) ’. 4. Section 18(1)(b)— omit ‘ by order in council ’. 5. After section 18(1)— insert— ‘(1A) A Magistrate may be promoted only in accordance with a determination of the Governor in Council. ’. 6. Section 18(2)— omit ‘ by order in council ’. 7. Section 22— omit, insert— ‘Regulations ‘22. The Governor in Council may make regulations for the purposes of this Act. ’. Explanatory note Amendment 1 expressly provides that the powers of the Chief Stipendiary Magistrate under section 10(2) do not extend to the promotion of Magistrates. Amendment 2 omits matter that is redundant because of the ActsInterpretationAct1954 . Amendment 3 corrects a cross reference. Amendments 4 and 6 remove the requirement for orders in council in relation to the determination of terms and conditions of employment of Magistrates. Amendment 5 expressly extends the terms and conditions of Magistrates that are to be determined by the Governor in Council to promotions.

114 Statute Law (Miscellaneous Provisions) No. 32, 1993 Amendment 7 remakes section 22 in the current drafting style for regulation making powers. ´ SURVEYORS ACT 1977 Amendments 1. Section 6A— omit, insert— ‘Delegation ‘6A. The chief executive may delegate the chief executive’s powers under this Act, or the chief executive’s powers under another Act with respect to surveys or surveying, to an officer or employee of the department. ’. 2. Section 19(1)— omit, insert— ‘19.(1) The Board must employ a secretary and may employ or appoint other officers that are necessary for the effective administration of this Act. ’. 3. Section 19(2)— omit . Explanatory note Amendment 1 permits the chief executive’s delegation to encompass a considerably wider scope than just surveying land. e.g. astronomical observations, calibration of instruments and surveys at sea. Amendments 2 and 3 permit the Board to employ a secretary and other officers who are not public servants.

115 Statute Law (Miscellaneous Provisions) No. 32, 1993 ´ TRAFFIC ACT 1949 Amendments 1. Section 9(1) (definitions “B-Double” and “Road train”)— omit . 2. Section 9(1)— insert— ‘ “B-Double” means a combination of vehicles consisting of a prime mover towing 2 semitrailers, with 1 semitrailer superimposed on, and connected to the semitrailer directly connected to the prime mover; “road train” means a combination of vehicles (other than a B-Double) consisting of a motor vehicle towing 2 or more trailers; ’. Explanatory Note Amendments 1 and 2 replace existing definitions to facilitate national uniformity of transport regulations in areas such as vehicle dimensions ahead of the introduction of national legislation. ´ VALUATION OF LAND ACT 1944 Amendments 1. Section 11(7)(a)— omit ‘ (10) ’, insert ‘ (9) ’. 2. Section 11(9)— omit ‘ , under this section (except subsection (7)), the ’, insert ‘ a ’.

116 Statute Law (Miscellaneous Provisions) No. 32, 1993 3. After section 14— insert— ‘(2) Despite section 15, subsection (1) applies to valuations used for rating and land tax purposes and does not apply to valuations for rental purposes. ’. Explanatory note Amendments 1 corrects an incorrect cross-reference. Amendment 2 corrects a minor drafting error made by the LandsLegislationAmendment Act 1992 . Under the Valuation of Land Act 1944 (as amended by that Act), section 11(7) (as corrected by Amendment 1) applies section 11(9) in making a valuation for the purposes of section 11(7), but the application of section 11(9) to section 11(7) is presently expressly excluded by the terms of section 11(9). Amendment 3 clarifies that aggregation of certain lands for the purposes of a valuation does not prevent a separate valuation being made for rental purposes. ´ WATER RESOURCES ACT 1989 Amendment 1. After section 10.35— insert— ‘Validation of agreement 10.36 It is declared that the agreement made on 29 September 1992 and set out in the Schedule to the Water Resources (Gordonstone Water Supply Agreement) Order 1992 (the “order” ) is taken to have been validly approved by the Governor in Council for the purpose of section 3.20 of the Water Resources Act 1989 on and from the date of notification of the order in the Gazette. ’. Explanatory note Because the order in council did not make it sufficiently clear that the approval of the Governor in Council was in fact given to the agreement, the validation is necessary to remove any doubt about the question.

117 Statute Law (Miscellaneous Provisions) No. 32, 1993 ¡ SCHEDULE 2 AMENDMENTS BY WAY OF STATUTE LAW REVISION ONLY section 3 ´ DRUGS MISUSE ACT 1986 Amendments 1. Section 4(1) (definition “educational institution”)— omit ‘ Education Act 1964–1988 ’, insert ‘ Education (General Provisions) Act 1989 ’. 2. Section 52A— omit ‘ Director-General of Health and Medical Services ’, insert ‘ Chief Health Officer, Department of Health ’. Explanatory note Amendments 1 and 2 update references. ´ EDUCATION (SENIOR SECONDARY SCHOOLSTUDIES) ACT 1988 Amendment 1. Section 7(6)— omit .

118 Statute Law (Miscellaneous Provisions) No. 32, 1993 Explanatory Note The amendment effects statute law revision by omitting a redundant provision now provided for by the Statutory Instruments Act 1992. ´ EDUCATION (TEACHER REGISTRATION) ACT 1988 Amendment 1. Section 7(6)— omit . Explanatory note The amendment effects statute law revision by omitting a redundant provision now provided for by the Statutory Instruments Act 1992 . ´ EDUCATION (TERTIARY ENTRANCEPROCEDURES AUTHORITY) ACT 1990 Amendment 1. Section 7(6)— omit . Explanatory note The amendment effects statute law revision by omitting a redundant provision now provided for by the Statutory Instruments Act 1992 .

119 Statute Law (Miscellaneous Provisions) No. 32, 1993 ´ JUDGES (SALARIES AND ALLOWANCES) ACT 1967 Amendments 1. Section 2 (heading)— omit, insert— ‘Salary and allowances of Supreme Court Judges’. 2. Section 2— omit ‘ Part 6 ’, insert ‘ Part 5 ’. 3. Section 3— insert (as heading)— ‘Salary and allowances of District Court Judges’. 4. Section 3— omit ‘ Part 6 ’, insert ‘ Part 5 ’. 5. Part IV— omit . 6. Part 3A and Part VI— renumber as Parts 4 and 5 respectively. 7. Section 4— omit ‘ Part 6 ’, insert ‘ Part 5 ’. 8. Sections 20 to 27 and 29 to 32— renumber as sections 5 to 16 respectively.

120 Statute Law (Miscellaneous Provisions) No. 32, 1993 9. Section 5(2) (as renumbered)— omit ‘ notification published in the Gazette ’, insert ‘ Gazette notice ’. 10. Section 10(1) and (2) (as renumbered)— omit ‘ notification published in the Gazette ’, insert ‘ Gazette notice ’. 11. Section 12(4) (as renumbered)— omit, insert— ‘(4) Determinations made by the Tribunal are subordinate legislation. ’. Explanatory note The amendments effect statute law revision by recasting provisions in accordance with current drafting practice and renumbering part of the Act with consequential amendments to cross references. ´ STAMP ACT 1894 Amendment 1. Section 53A (2nd paragraph)— omit ‘ the provisions of subsection five of section fifty-three of this Act ’, insert ‘ section 53(11) ’. Explanatory note Amendment 1 amends an incorrect cross reference.

121 Statute Law (Miscellaneous Provisions) No. 32, 1993 ´ STATUTE LAW (MISCELLANEOUS PROVISIONS)ACT 1992 Amendment 1. Schedule 2, amendment of Local Government (Planning andEnvironment) Act 1990, item 45 (after ‘thereto’)— insert ‘ (wherever occurring) ’. Commencement Amendment 1 commences on 7 December 1992. Explanatory note Amendment 1 clarifies an earlier statute revision amendment. ´ WORKPLACE HEALTH AND SAFETY ACT 1989 Amendment 1. Section 114(2)(b)(i)— omit ‘ Director of Accident Prevention appointed or taken to be appointed under and for the purposes of this Act, ’, insert ‘ Director ’. Explanatory note Amendment 1 corrects a reference.

122 Statute Law (Miscellaneous Provisions) No. 32, 1993 ¡ SCHEDULE 3 ACTS REPEALED section 4(1) ´ A. OBSOLETE ACTS 1. Acts Amendment and Construction Act 1988 Acts Repeal Act 1991 AdministrationofCommercialLawsActandOtherActsAmendmentAct 1981 Agricultural Bank Act Amendment Act 1929 Agricultural Bank Acts Amendment Act 1931 Agricultural Bank (Loans) Act Amendment Act 1981 Agricultural Bank (Loans) Act and Another Act Amendment Act 1980 Agricultural Bank (Special Ratification) Act 1959 Agricultural Bank (Special Ratification) Act 1963 Appropriation Act 1988–1989 (No. 1) Appropriation Act 1988–1989 (No. 2) Appropriation Act 1989–1990 (No. 1) Appropriation Act 1989–1990 (No. 2) Appropriation Act 1990–1991 (No. 1) Appropriation Act 1990–1991 (No. 2) AssociatedGeneralContractorsInsuranceCompanyLimited(MotorVehicles Insurance) Act 1980 Brands Acts Amendment Act 1932 Brands Acts and Diseases in Stock Acts Amendment Act 1941

123 Statute Law (Miscellaneous Provisions) No. 32, 1993 Brisbane and Area Water Board Act Amendment Act 1991 City of Brisbane Market Act Amendment Act 1982 City of Brisbane (Water Supply) Act and Another Act Amendment Act1978 Clean Air Act Amendment Act 1981 Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1942 Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act 1970 Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 1947 Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 1948 Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 1950 Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 1952 Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 1954 Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 1958 Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 1960 Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act 1968 Common Law Practice Act Amendment Act 1978 Constitution (Cancellation of Referendum) Act 1989 Constitution (Duration of Legislative Assembly) Referendum Act 1990 Co-ordination of Rural Advances and Agricultural Bank Act Amendment Act 1943 Co-ordination of Rural Advances and Agricultural Bank Acts Amendment Act 1945

124 Statute Law (Miscellaneous Provisions) No. 32, 1993 Co-ordination of Rural Advances and Agricultural Bank Acts Amendment Act 1946 Co-ordination of Rural Advances and Agricultural Bank Acts Amendment Act 1947 Co-ordination of Rural Advances and Agricultural Bank Acts Amendment Act 1951 Co-ordination of Rural Advances and Agricultural Bank Act Amendment Act 1969 Co-ordination of Rural Advances and Agricultural Bank Acts and Other Acts Amendment Act 1944 Daylight Saving Act 1989 Diseases in Plants Acts and Another Act Amendment Act 1937 Diseases in Stock Acts Amendment Act 1948 Diseases in Stock Acts Amendment Act 1952 Diseases in Stock Acts and Another Act Amendment Act 1944 Diseases in Stock Acts and Other Acts Amendment Act 1940 Drainage of Mines Act Repeal Act 1988 Education (General Provisions) Act Amendment Act 1989 Education (Subordinate Instruments Ratification) Act 1984 Evangelical Lutheran Church, Wickham Terrace, Act 1910 Explosives Act Amendment Act 1980 Farm Water Supplies Assistance Act and Another Act Amendment Act1989 Farmers’ Assistance Act Amendment Act 1971 Farmers’ Assistance Act Amendment Act 1971 (No. 2) Farmers’ Assistance Act (Amendment) and Reconstruction Agreements(Ratification) Act 1974 Farmers’AssistanceAct(Amendment)andRuralAdjustmentAgreement (Ratification) Act 1980 Farmers’ Assistance (Debts Adjustment) Act Amendment Act 1970

125 Statute Law (Miscellaneous Provisions) No. 32, 1993 Fruit and Vegetables Act and Other Acts Amendment Act 1988 Health Act Amendment Act 1973 Health Acts Amendment Act 1945 Health Acts Amendment Act 1967 Hen Quotas Act Amendment Act 1985 Honourable Angelo Vasta (Validation of Office) Act 1989 Honourable Jack Lawrence Kelly Enabling Act 1976 Imperial Acts (Termination of Application) Act 1968 Income Tax Act 1936 Income Tax Adjustment Act 1946 Income Tax Assessment Act 1936 Income Tax Assessment Act Amendment Act 1941 Intellectually Handicapped Citizens Act Amendment Act 1989 Irrigation Acts and Another Act Amendment Act 1957 Irrigation Acts and Other Acts Amendment Act 1954 Irrigation and Water Supply Acts Amendment Act 1931 Irrigation and Water Supply Commission Act and Other Acts Amendment Act 1949 Judges’ Validating Act 1888 Judicature Act Amendment Act 1900 Justices Acts and Real Property Fees Act 1932 Licensed Victuallers’ Licenses (Validation of Removals) Act 1973 Liquefied Petroleum Gas Subsidy Act Commencement Act 1981 Liquor Act Amendment and Liquor License Fees Adjustment Act 1979 Liquor Act Amendment and Spirit Merchant’s Licenses (Validation ofTransfers) Act 1987 Local Authorities (1991 Elections) Act 1990 Local Government (Aboriginal Lands) Act Amendment Act 1978

126 Statute Law (Miscellaneous Provisions) No. 32, 1993 Local Government (Adjustment of Boundaries) Act 1978 Maintenance and Alimony Relief Act 1935 Meat Industry Act Amendment Act 1977 Meat Industry Act Amendment Act 1981 Medical Act and Other Acts Amendment Act 1981 Metropolitan Water Supply and Sewerage Acts Amendment Act 1918 Metropolitan Water Supply and Sewerage Acts Amendment Act 1921 Mines Department (Administration) Act 1982 Mining Acts Amendment Act 1929 Mining Machinery Advances Act Repeal Act 1988 Motor Vehicles Insurance Act Amendment Act 1969 Motor Vehicles Insurance Acts Amendment Act 1945 Motor Vehicles Insurance Acts Amendment Act 1968 NorthumberlandInsuranceCompanyLimited(MotorVehiclesInsurance) Act 1974 Parliamentary Committee Transitional Act 1977 Patriotic Funds Act Repeal Act and Other Acts Amendment Act 1988 Picture Theatres and Films Act Repeal and Other Acts Amendment Act1990 Police Act Amendment Act 1944 PublicAccountantsRegistration(RepealandConsequentialAmendments) Act 1990 Public Trustee Regulations (Continuation) Act 1988 Queensland Law Society Act Amendment Act 1980 Queensland Law Society Acts Amendment Act 1967 Queensland Meat Inspection Agreement Act Repeal Act 1988 Racing and Betting Act Amendment Act 1984 Racing and Betting Act Amendment Act 1985

127 Statute Law (Miscellaneous Provisions) No. 32, 1993 Save the Steam Car Fund Act 1985 Seven Seas Insurance Company Limited (Motor Vehicles Insurance) Act 1962 State Advances Act and Other Acts Relief Amendment Act 1934 State Enterprises Acts Repeal Act 1983 Statistics Act 1935 Stock Act and Another Act Amendment Act 1984 Stock Act and Other Acts Amendment Act 1973 Stock Acts Amendment Act 1965 Student Education (Work Experience) Act Amendment Act 1989 Summer Time Repeal Act 1992 Trade Coupons Act Repeal Act 1978 Trade Descriptions (Textile Products) Act Repeal, and Other Acts Amendment Act 1964 Upper Burdekin Co-operative Association Limited Validation Act 1979 Vehicle&GeneralInsuranceCompany(Australia)Ltd.(MotorVehicles Insurance) Act 1971 V.I.P. Insurances Limited (Motor Vehicles Insurance) Act 1978 V.I.P. Insurances Limited (Motor Vehicles Insurance) Act AmendmentAct 1981 War Service Land Settlement Act 1946 War Service Land Settlement Acts Amendment Act 1967 War Service Land Settlement Acts Amendment Act 1959 War Service Land Settlement Validation Act 1950 Water Acts and Another Act Amendment Act 1940 Weekend Detention Act 1970 Weekend Detention Act Amendment Act 1983 Weekend Detention Act Amendment Act 1984 Wine Industry Act and Another Act Amendment Act 1978

128 Statute Law (Miscellaneous Provisions) Explanatory note These Acts are Acts that have been identified as obsolete. No. 32, 1993 ´ B. OTHER ACTS 2. Coal Mining Industry Long Service Leave Act 1951 Coal Mining Industry Long Service Leave Act Amendment Act 1990 Commencement 27 June 1993 Explanatory note These Acts will be redundant with the commencement of the Coal Mining Industry (Long Service Leave Funding) Act 1992 of the Commonwealth. 3. Sporting Bodies’ Loans Guarantee Act 1973 Explanatory note This Act is no longer required as it is proposed not to make further guarantees under it. 4. Treaties Commission Act 1974 Explanatory note No work has been undertaken by the Commission since 1977. The functions of the Commission are no longer required.

129 Statute Law (Miscellaneous Provisions) No. 32, 1993 ¡ SCHEDULE 4 IMPERIAL LAWS THAT CEASE TO BE IN FORCE section 4(2) Appellate Jurisdiction Act 1887 Appellate Jurisdiction Act 1908 Habeas Corpus Act 1862 Judicial Committee Act 1843 Judicial Committee Act 1881 Judicial Committee Act 1915 Judicial Committee Amendment Act 1895 Privy Council Registrar Act 1853 Rules Regulating Appeals from Queensland Explanatory note These Imperial laws have been identified as obsolete.

130 Statute Law (Miscellaneous Provisions) No. 32, 1993 ¡ SCHEDULE 5 DECLARED LAWS WHOSE REPEAL DOES NOT END THEIR EFFECT section 4(3) Acts Amendment and Construction Act 1988 , sections 4, 5, 7 and 9 Common Law Practice Act Amendment Act 1978 , sections 3 and 4 Fruit and Vegetables Act and Other Acts Amendment Act 1988 , section 10 Local Government (Adjustment of Boundaries) Act 1978 Local Government (Planning and Environment) Act 1990 , section 8.12(4) Weekend Detention Act 1970 Weekend Detention Act Amendment Act 1983 Weekend Detention Act Amendment Act 1984 The State of Queensland 1993