Statute Law (Miscellaneous Provisions) Act 1997 (Qld)

Queensland STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1997 Act No. 81 of 1997

Queensland STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amended Acts—schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Explanatory notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 5 AMENDMENTS OF ACTS ART UNIONS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 BADGE, ARMS, FLORAL AND OTHER EMBLEMS OFQUEENSLAND ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 CONSTITUTION (OFFICE OF GOVERNOR) ACT 1987 . . . . . . . . . . . . . 11 FINANCIAL ADMINISTRATION AND AUDIT ACT 1977 . . . . . . . . . . . . 12 GAMING MACHINE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 GOVERNMENT OWNED CORPORATIONS ACT 1993 . . . . . . . . . . . . . . 14 INTEGRATED RESORT DEVELOPMENT ACT 1987 . . . . . . . . . . . . . . . . 14 PARLIAMENTARY CONTRIBUTORY SUPERANNUATIONACT 1970 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PUBLIC SERVICE ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 QUEENSLAND INSTITUTE OF MEDICAL RESEARCH ACT 1945 . . . . 17 QUEENSLAND TOURIST AND TRAVEL CORPORATION ACT 1979 . . 17 RECREATION AREAS MANAGEMENT ACT 1988 . . . . . . . . . . . . . . . . . 18 RESIDENTIAL TENANCIES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SUPERANNUATION AND OTHER LEGISLATIONAMENDMENT ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

2 Statute Law (Miscellaneous Provisions) No. 81, 1997 SUPERANNUATION (STATE PUBLIC SECTOR) ACT 1990 . . . . . . . . . 20 TRAFFIC ACT 1949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 TRANSPORT (GLADSTONE EAST END TO HARBOURCORRIDOR) ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 TRANSPORT OPERATIONS (PASSENGER TRANSPORT)ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 WINE INDUSTRY ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 WORKCOVER QUEENSLAND ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . 24

Queensland Statute Law (Miscellaneous Provisions) Act 1997 Act No. 81 of 1997 An Act to make various amendments of Queensland statute law and to repeal an Act [Assented to 5 December 1997]

s1 4 Statute Law (Miscellaneous Provisions) The Parliament of Queensland enacts— s5 No. 81, 1997 ˙ Short title 1. This Act may be cited as the Statute Law (Miscellaneous Provisions) Act 1997 . ˙ Commencement 2. This Act commences on the day of assent except so far as is otherwise expressly provided. ˙ Amended Acts—schedule 3. The schedule amends the Acts mentioned in it. ˙ Repeal 4. The CommonwealthandStateHousingAgreementAct1990 is repealed. Explanatory note This Act has been identified as exhausted. ˙ Explanatory notes 5. An explanatory note to a provision of this Act is not part of the Act.

5 Statute Law (Miscellaneous Provisions) No. 81, 1997 ¡ SCHEDULE AMENDMENTS OF ACTS section 3 A ´ RT UNIONS ACT 1992 Amendment 1. Sections 127 and 128— omit, insert— ‘ References to earlier Acts ‘ 127. In an Act or document, a reference to any of the following Acts may, if the context permits, be taken to be a reference to this Act— • Art Union Regulation Act 1930 • Art Union Regulation Act 1964 • Art Unions and Amusements Act 1976 • Art Unions and Public Amusements Act 1992 .’. Explanatory note Amendment 1 allows references to certain earlier Acts to be taken to be references to the Art Unions Act 1992 , if the context permits.

6 Statute Law (Miscellaneous Provisions) No. 81, 1997 SCHEDULE (continued) ´ BADGE, ARMS, FLORAL AND OTHER EMBLEMSOF QUEENSLAND ACT 1959 Amendment 1. Section 1, ‘ and Floral Emblem ’— omit, insert— ‘ , Floral and other Emblems ’. 2. Section 2B— omit, insert— ‘ Bird emblem ‘ 2B. The brolga ( Grus rubicunda ) is the bird emblem of the State. ‘ Gem emblem ‘ 2C. The sapphire, of any colour, is the gem emblem of the State. ‘ Arms and badge ‘ 2D.(1) The arms of the State are as described in schedule 1. ‘ (2) The badge of the State is as described in schedule 2.’. 3. Sections 3 and 5(1), ‘Premier and Minister for State Development’— omit, insert— ‘Premier’. 4. Section 4(1), ‘and liable to a penalty of not more than $100’— omit.

7 Statute Law (Miscellaneous Provisions) SCHEDULE (continued) 5. Section 4(1), as a penalty— insert— ‘Maximum penalty—50 penalty units.’. No. 81, 1997 6. Section 4(3) and (4)— omit. 7. Section 5(2), ‘$20’— omit, insert— ‘10 penalty units’. 8. After section 6— insert— ‘ SCHEDULE 1 ‘ ARMS OF THE STATE section 2D ‘ PART 1—HERALDIC DESCRIPTION For arms, per fesse the Chief Or, the Base per pale Sable and Gules, in Chief a Bull’s head caboshed in profile muzzled a Merino Ram’s head respecting each other proper, the dexter Base charged with a Garb also Or and the sinister Base on a Mount a Pile of Quartz issuant therefrom a Gold Pyramid in front of the Mount a Spade surmounted by a Pick saltirewise all proper.

8 Statute Law (Miscellaneous Provisions) No. 81, 1997 SCHEDULE (continued) And for the crest, on a wreath of the Colours, a Mount thereon a Maltese Cross Azure surmounted with a Royal Crown between 2 sugar-canes all proper. And for the Supporters, on the dexter side a Red Deer and on the sinister side a Brolga wings elevated and addorsed both proper, below on a scroll this motto, ‘Audax at Fidelis’. ‘ PART 2—PICTORIAL DESCRIPTION ’.

9 Statute Law (Miscellaneous Provisions) SCHEDULE (continued) ‘ SCHEDULE 2 No. 81, 1997 ‘ BADGE OF THE STATE section 2D ‘ PART 1—HERALDIC DESCRIPTION On a roundel Argent a Maltese Cross Azure surmounted with a Royal Crown.

10 Statute Law (Miscellaneous Provisions) No. 81, 1997 SCHEDULE (continued) ‘ PART 2—PICTORIAL DESCRIPTION

11 Statute Law (Miscellaneous Provisions) No. 81, 1997 SCHEDULE (continued) Explanatory notes Amendment 1 amends the name of the Act to more accurately reflect its scope. Amendment 2 removes the power of the Premier to notify things to be emblems of the State by gazette notice. Amendment 2 also states the bird and gem emblems of the State and the arms and the badge of the State. The arms and badge and the bird and gem emblems were previously described under a gazette notification. There is no change to the previous descriptions. Amendment 3 corrects a redundant reference to the Premier. Amendments 4 and 5 increase the penalty for an unauthorised assumption or use of the badge or arms of the State. Amendment 6 removes the power of the Premier to notify the arms and badge of the State by gazette notice. Amendment 7 increases the daily continuing penalty for an unauthorised assumption or use of the badge or arms of the State. Amendment 8 inserts the schedules containing the descriptions of the arms and badge of the State. C ´ ONSTITUTION (OFFICE OF GOVERNOR) ACT 1987 Amendment 1. Section 9, ‘first taking’— omit, insert— ‘having previously to, or as soon as is reasonably practicable after, the happening of that event taken’. Explanatory note Amendment 1 removes the need for the person assuming the administration of the government in the Governor’s absence etc. from having to re-take the oath or affirmation of office each time the person assumes administration. It will be sufficient for the person to have taken the oath or affirmation once.

12 Statute Law (Miscellaneous Provisions) No. 81, 1997 SCHEDULE (continued) ´ FINANCIAL ADMINISTRATION AND AUDITACT 1977 Amendment 1. Section 46J(3)(b), from ‘section’— omit, insert— ‘section 46F(8).’. 2. Section 52(2) to (4)— omit, insert— ‘ (2) The auditor-general is to be paid a salary at a rate decided by the Governor in Council. ‘ (3) The auditor-general is entitled to the allowances (if any) and holds office on the terms and conditions not provided for by this Act that are decided by the Governor in Council. ‘ (4) Advice to the Governor in Council regarding the salary, allowances and other terms and conditions is only to be given after consultation with the Parliamentary Accounts Committee. ‘ (5) The salary and allowances of the auditor-general are payable out of the public accounts, which are appropriated accordingly.’. 3. Section 109(2)(a), ‘11(4)’— omit, insert— ‘11(5)’. Explanatory notes Amendments 1 and 3 correct cross references. Amendment 2 implements a recommendation of the Electoral and Administrative Review Commission Report on the Review of Public Service Auditing in

13 Statute Law (Miscellaneous Provisions) No. 81, 1997 SCHEDULE (continued) Queensland. The report identified the need to ensure that persons of the highest calibre are recruited to the position of auditor-general. The amendment also subjects the auditor-general’s remuneration package to input from the Legislative Assembly through the parliamentary committee. ´ GAMING MACHINE ACT 1991 Amendment 1. Section 3, heading, ‘Definition’— omit, insert— ‘ Definitions ’. 2. Section 55, heading, ‘chief’— omit, insert— ‘ Chief ’. 3. Section 64(11), ‘director’s’— omit, insert— ‘chief executive’s’. 4. Section 68(2), ‘director’— omit, insert— ‘chief executive’. 5. Section 72ZW(5), ‘licenced’— omit, insert— ‘licensed’.

14 Statute Law (Miscellaneous Provisions) SCHEDULE (continued) Explanatory notes Amendment 1, 2 and 5 correct typographical errors. Amendment 3 and 4 corrects redundant references to the director. No. 81, 1997 ´ GOVERNMENT OWNED CORPORATIONS ACT 1993 Amendment 1. Section 136(8), ‘ Crimes (Confiscation of Profits) Act 1989 ’— omit, insert— ‘ Crimes (Confiscation) Act 1989 ’. Explanatory note Amendment 1 updates a reference to an Act. ´ INTEGRATED RESORT DEVELOPMENT ACT 1987 Amendment 1. Section 62(3)— omit. Explanatory note Amendment 1 removes a redundant provision. Section 62(3) provides for the non-application of a provision of the Building Units and Group Titles Act 1980 that has been omitted from that Act.

15 Statute Law (Miscellaneous Provisions) No. 81, 1997 SCHEDULE (continued) P ´ ARLIAMENTARY CONTRIBUTORY SUPERANNUATION ACT 1970 Amendment 1. Section 17— insert— ‘(1B) However, if the person has received salary as a member for an aggregate period of more than 20 years and the number worked out under subsections (1) and (1A) by dividing factor B by factor C (the “actual number” ) is less than the highest number that would have been worked out under the subsections by dividing factor B by factor C had the person ceased to be a member at any time after completing 20 years service in the Assembly, the actual number is taken to be the highest number.’. Explanatory note Amendment 1 ensures a member’s entitlements under the section cannot decrease after completing 20 years service as a member. ´ PUBLIC SERVICE ACT 1996 Amendment 1. Part 5, division 6, heading— relocate to before section 74. 2. Section 77(1), after ‘appoint’— insert— ‘or second’.

16 Statute Law (Miscellaneous Provisions) SCHEDULE (continued) 3. Section 78(1), after ‘appointment’— insert— ‘or secondment’. No. 81, 1997 4. Section 79(4)— omit. 5. Section 95(1)(g), ‘chief executive, another’— omit, insert— ‘person to be or as a chief executive, a’. 6. Schedule 2, MOTOR VEHICLES SAFETY ACT 1980— omit. 7. Schedule 2, RACING AND BETTING ACT 1980, amendment 1— omit. Explanatory notes Amendment 1 relocates a division heading to its proper place. Amendment 2 requires an employing authority’s intention to second a person to be advertised as required under a directive. Amendment 3 requires selection for secondment to be based solely on merit, unless exempted under a directive. Amendment 4 omits the power of a chief executive to transfer a senior executive. Amendments 5 and 6 correct drafting errors. Amendment 7 ensures that the flexibility of the current employment provisions of the Racing and Betting Act 1980 are retained.

17 Statute Law (Miscellaneous Provisions) No. 81, 1997 SCHEDULE (continued) ´ QUEENSLAND INSTITUTE OF MEDICALRESEARCH ACT 1945 Amendment 1. Section 7(1), ‘5’— omit, insert— ‘8’. Explanatory note Amendment 1 ensures a majority of members of the Queensland Institute of Medical Research Council form a quorum. ´ QUEENSLAND TOURIST AND TRAVELCORPORATION ACT 1979 Amendment 1. Section 31(3)— omit. Explanatory note Amendment 1 removes a redundant provision. The StatutoryBodiesFinancialArrangements Act 1982 , section 31 provides that a deposit and withdrawal account operated with a financial institution by a statutory body may, with the Treasurer’s approval, be operated with an overdraft facility.

18 Statute Law (Miscellaneous Provisions) No. 81, 1997 SCHEDULE (continued) ´ RECREATION AREAS MANAGEMENT ACT 1988 Amendment 1. Section 25— omit, insert— ‘ Application of Financial Administration and Audit Act 1977 ‘ 25. The board is a statutory body under the Financial Administrationand Audit Act 1977 .’. Explanatory note Amendment 1 simplifies and clarifies the existing provision in the Act for the reporting requirements that apply to the board. ´ RESIDENTIAL TENANCIES ACT 1994 Amendment 1. Section 281(3), ‘made’— omit, insert— ‘made under’. 2. Schedule 3, definition “mediator”, from ‘ section 2.17’ to ‘ Dispute Resolution Centres Act 1990 ’— omit, insert— ‘the Dispute Resolution Centres Act 1990 , section 19’.

19 Statute Law (Miscellaneous Provisions) SCHEDULE (continued) Explanatory notes Amendment 1 corrects a minor drafting error. Amendment 2 updates a reference to a section. No. 81, 1997 ´ SUPERANNUATION AND OTHER LEGISLATIONAMENDMENT ACT 1997 Amendment 1. Section 2(1), after ‘• part 1’— insert— ‘• part 2, heading • section 3’. Commencement Amendment 1 is taken to have commenced on the assent of the Superannuation andOther Legislation Amendment Act 1997 . Explanatory note Amendment 1 provides for the commencement of a part heading and a provision identifying an Act being amended. This clarifies the effect of other amendments that commenced at the same time.

20 Statute Law (Miscellaneous Provisions) No. 81, 1997 SCHEDULE (continued) ´ SUPERANNUATION (STATE PUBLIC SECTOR)ACT 1990 Amendment 1. Section 2(3), ‘subsection (1)(n)’— omit, insert— ‘subsection (1), definition “unit of the State Public Sector” , paragraph (n)’ 2. Section 6D(2)— omit, insert— ‘ (2) The executive officer must be appointed by the Governor in Council.’. 3. Section 22, from ‘steps’ to ‘ensure’— omit, insert— ‘steps to ensure’. 4. Section 45— omit, insert— ‘ Expiry ‘ 45. This part expires on 30 June 1998.’. Explanatory notes Amendment 1 corrects a cross reference. Amendment 2 replaces a provision dealing with the appointment of the executive officer. The replaced provision created some uncertainty about the way the executive officer is appointed.

21 Statute Law (Miscellaneous Provisions) SCHEDULE (continued) Amendment 3 improves the structure of the provision. Amendment 4 clarifies an uncertain date of expiry. No. 81, 1997 ´ TRAFFIC ACT 1949 Amendment 1. Section 16(2C)(d)— omit, insert— ‘(d) a pilot or escort vehicle that is escorting an oversize vehicle under this Act or the TransportOperations(RoadUseManagement)Act 1995 ;’. Commencement Amendment 1 commences on a day to be fixed by proclamation. Explanatory note Amendment 1 ensures that the current requirement for licensed pilot vehicle drivers to have a zero blood alcohol concentration level is to be continued when the licensing of pilot vehicle drivers is replaced by an accreditation scheme in January 1998.

22 Statute Law (Miscellaneous Provisions) No. 81, 1997 SCHEDULE (continued) ´ TRANSPORT (GLADSTONE EAST END TOHARBOUR CORRIDOR) ACT 1996 Amendment 1. Section 9(4), ‘1 year’— omit, insert— ‘18 months’. Explanatory note The amendment extends the period within which a regulation may be made specifying a different area for an area that has an approximate area under the Act. ´ TRANSPORT OPERATIONS (PASSENGERTRANSPORT) ACT 1994 Amendment 1. Section 172(7), ‘30 November 1996’— omit, insert— ‘7 November 1999’. Commencement Amendment 1 is taken to have commenced on 30 November 1996. Explanatory note Amendment 1 corrects the date on which section 172 expires. The section preserves certain financial arrangements that were available before the commencement of the section. It was intended that the section would continue until 7 November 1999. However, an incorrect date of 30 November 1996 was inserted instead. The amendment corrects the error and permits the financial arrangements to continue.

23 Statute Law (Miscellaneous Provisions) SCHEDULE (continued) W ´ INE INDUSTRY ACT 1994 No. 81, 1997 Amendment 1. Section 18(2), after ‘Friday’— insert— ‘, or before 1.00 pm on Anzac Day,’. 2. Section 19(1), after ‘Friday’— insert— ‘, or before 1.00 pm on Anzac Day’. 3. Section 51(1), ‘350’— omit, insert— ‘25’. 4. Section 51(2), ‘350’ omit, insert— ‘25’. Explanatory note Amendment 1 clarifies the intent of section 18 by stating that a licensee may sell the licensee’s wine before 1.00 pm on Anzac Day only if the licensee is authorised under section 19 of the Act. Amendment 2 clarifies the intent of section 19(1) to allow a licensee to apply for extended trading hours on Anzac Day. Amendment 3 reduces the maximum penalty that may be imposed for a licensee’s failure to provide an annual return by the prescribed day. The maximum penalty has been amended for consistency with the Liquor Act 1992 . Amendment 4 reduces the maximum penalty that may be imposed for a licensee’s

24 Statute Law (Miscellaneous Provisions) No. 81, 1997 SCHEDULE (continued) failure to provide an annual return in the approved form or to include the prescribed particulars. The maximum penalty has been amended for consistency with the Liquor Act 1992 . ´ WORKCOVER QUEENSLAND ACT 1996 Amendment 1. Section 152(4), after ‘entitled to’— insert— ‘lump sum’. 2. Section 181(5)(c)(i), ‘worker’— omit, insert— ‘person’. 3. Section 181(5)(c)(i)(A), ‘worker’s’— omit, insert — ‘person’s’. 4. Section 250, definition “damages certificate”, ‘section 265 or 270 111 ’— omit, insert— ‘section 262, 265 or 270 1 ’. 1 Section 262 (Claimant may seek damages only after being assessed), 265 (Access to damages if no previous application for compensation) or 270 (Application for damages certificate)

25 Statute Law (Miscellaneous Provisions) SCHEDULE (continued) 5. Section 262(3), ‘claimants’— omit, insert— ‘claimant’s’. No. 81, 1997 Explanatory notes Amendment 1 enables WorkCover to, for example, meet the medical costs associated with the assessment of the worker’s diminution of hearing where there is no entitlement to lump sum compensation. Amendments 2 and 3 correct references to ‘worker’ in a division that covers ‘persons’. Amendment 4 adds a reference to a certificate under section 262 to the definition of “damages certificate” as the section makes mention of a damages certificate for a claimant whose permanent impairment has not been assessed. Amendment 5 corrects a typographical error. © State of Queensland 1997