Primary legislation (Acts of Parliament)...4. Government Bills introduced...4. Private members Bills introduced...8. Government Bills passed...

Transcription

1 Issue 21/ May 2014 Period covered by this Update: May 2014 Primary legislation (Acts of Parliament)...4 Government Bills introduced...4 A. The following Bills were introduced into the Legislative Assembly on 20 May Electricity Competition and Protection Legislation Amendment Bill National Energy Retail Law (Queensland) Bill B. The following Bill was introduced into the Legislative Assembly on 21 May Building and Construction Industry Payments Amendment Bill C. The following Bill was introduced into the Legislative Assembly on 22 May Professional Engineers and Other Legislation Amendment Bill Private members Bills introduced...8 A. The following Bills were introduced into the Legislative Assembly on 22 May Domestic and Family Violence Protection and Other Legislation Amendment Bill Weapons (Digital 3D and Printed Firearms) Amendment Bill Government Bills passed...8 A. The following Bills were passed by the Legislative Assembly on 20 May Public Guardian Bill Family and Child Commission Bill Child Protection Reform Amendment Bill Land and Other Legislation Amendment Bill Construction and Tourism (Red Tape Reduction) and Other Legislation Amendment Bill B. The following Bill was passed by the Legislative Assembly on 21 May Electricity and Other Legislation Amendment Bill C. The following Bills were passed by the Legislative Assembly on 22 May Electoral Reform Amendment Bill Environmental Offsets Bill Disclaimer While every care has been taken in the preparation of this Legislation Update, Queensland Law Society, its officers, employees and agents cannot accept responsibility or liability for any errors or omissions, including those caused by negligence, in the material. Queensland Law Society makes no statements, representations or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided in this compilation. Members are urged to check the primary sources referred to in the document, when appropriate, to confirm relevant details. NB: Members are referred to the separate document Notes and background information appearing on the Society s website Knowledge Centre > Newsletters & Magazines > Legislation Update for general information.

2 17 23 May 2014 page 2 Private members Bills negatived A. The following Bill was negatived by the Legislative Assembly on 21 May Identification Laws Amendment Bill Bills assented to A. The Bills for the following Acts were assented to on 21 May Public Safety Business Agency Act 2014 Act No. 17 of Agents Financial Administration Act 2014 Act No. 18 of Debt Collectors (Field Agents and Collection Agents) Act 2014 Act No. 19 of Motor Dealers and Chattel Auctioneers Act 2014 Act No. 20 of Crime and Misconduct and Other Legislation Amendment Act 2014 Act No. 21 of Property Occupations Act 2014 Act No. 22 of Queensland Training Assets Management Authority Act 2014 Act No. 23 of TAFE Queensland (Dual Sector Entities) Amendment Act 2014 Act No. 24 of Further Education and Training Act 2014 Act No. 25 of Acts/legislation commenced by Proclamation Criminal Code and Another Act (Stock) Amendment Act Subordinate legislation (Regulations and Rules)...15 A. Subordinate legislation notified on the Queensland Legislation website on 23 May SL No. 66 of 2014: Sustainable Planning Amendment Regulation (No. 3) SL No. 67 of 2014: Proclamation commencing certain provisions of the Criminal Code and Another Act (Stock) Amendment Act SL No. 68 of 2014: Industrial Relations Amendment Regulation (No. 4) SL No. 69 of 2014: Fisheries Legislation Amendment Regulation (No. 1) SL No. 70 of 2014: Nature Conservation Legislation Amendment Regulation (No. 1) SL No. 71 of 2014: Professional Standards (Law Society of Western Australia Scheme) Notice SL No. 72 of 2014: Fisheries (Spanner Crab Fishery) Quota Declaration SL No. 73 of 2014: Fisheries (Coral Reef Fin Fish) Quota Declaration Local laws A. Queensland Government Gazette of Approved forms/guidelines...18 A. Queensland Government Gazette of Work Health and Safety Act

3 17 23 May 2014 page 3 Other statutory instruments/statutory notices...18 A. Extraordinary edition of the Queensland Government Gazette of 16 May Electrical Safety Act B. Extraordinary edition of the Queensland Government Gazette of 19 May Electrical Safety Act C. Queensland Government Gazette of 23 May Transport Infrastructure Act Chicken Meat Industry Committee Act Electricity Act Motor Racing Events Act Nature Conservation Act Plumbing and Drainage Act Miscellaneous Motion to disallow regulation Parliamentary sitting dates... 20

4 17 23 May 2014 page 4 Primary legislation (Acts of Parliament) Parliamentary sitting days: May 2014 Government Bills introduced A. The following Bills were introduced into the Legislative Assembly on 20 May Electricity Competition and Protection Legislation Amendment Bill 2014 Firstly, as referred to in its explanatory notes, this Bill amends the Electricity Act 1994 (Electricity Act) to: remove the ministerial power to decide regulated retain electricity prices for standard contract (non-market) customers in South East Queensland (SEQ) establish a limited reserve power to allow the responsible Minister to reintroduce price controls in SEQ should competition become ineffective and subject to an independent review allow the Minister to direct the Queensland Competition Authority (QCA) to undertake a market monitoring function and publish a market comparison report. Further, this Bill: amends the Energy and Water Ombudsman Act 2006 (EWO Act) to preserve existing rights of customers to access the Energy and Water Ombudsman for the purposes of settling billing and other disputes amends the Electricity Act and the Gas Supply Act 2003 (GS Act) to include a new enforcement regime to ensure retailers continue to enter into and comply with community service agreements with the Queensland Government in relation to the delivery of Queensland Government concessions and rebates amends the Electricity Act to include a new enforcement regime to ensure retailers continue to be required to pass on benefits of the Queensland Government s solar bonus scheme to qualifying customers. In addition, this Bill, in order to achieve its objective of removing duplication and aligning terminology with the National Energy Retail Law (Queensland) Bill 2014 (see following Bill) to reduce the regulatory burden and increase efficiency for energy businesses, amends the Electricity Act, the GS Act, the EWO Act, the Electrical Safety Act 2002 and the Queensland Competition Authority Act 2003, which amendments will remove many of the provisions dealing with retail energy matters and customer connection services, thereby permitting, on the commencement of the National Energy Retail Law (Queensland) Bill 2014, the majority of matters relating to customer retail services and customer connection services to be dealt with under the National Energy Retail Law (Queensland). Also, this Bill, in order to achieve its objective of removing duplication with the National Energy Retail Law (Queensland) Bill 2014 to support more effective government by transferring responsibility for some energy regulatory matters, eg under provisions contained in the National Energy Retail Law (Queensland) Bill 2014, the Australian Energy Regulator will assume many of the other energy-specific responsibilities currently undertaken by the QCA (with the exception of retail pricing) and retailer authorisation functions undertaken by the Queensland Department of Energy and Water Supply. Finally, although this is not expressly referred to in its explanatory notes, this Bill amends the Retail Shop Leases Act 1994 by omitting s37a (Lessor s recovery of electricity charges).

5 17 23 May 2014 page 5 2. National Energy Retail Law (Queensland) Bill 2014 The objectives of this Bill, as listed in its explanatory notes, are to: apply as a law of Queensland to regulate the sale and supply of energy (electricity and gas) to consumers, which legislation is contained in a Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as part of a uniform scheme of legislation applying the National Energy Retail Law (which relates to the sales and supply of energy to customers by retailers and distributors) in the States and the Australian Capital Territory. modify the application of the National Energy Retail Law to: ensure that regional electricity customers can continue to access supply despite weak market competition and are provided services on a fair and reasonable basis support advancement of the Queensland Government s electricity industry reform priorities by providing additional customer protection and support to small customers following the removal of regulated prices in SEQ. The Bill s explanatory notes point out that, compared to existing arrangements under the Electricity Act 1994 and the Gas Supply Act 2003, the National Energy Retail Law will: implement a clearer and more effective price comparison service to help customers choose the most appropriate customer retail contract for their needs place regulatory obligations on retailers to operate programs to help small customers experiencing financial difficulty due to hardship to manage their energy costs on an ongoing basis establish a comprehensive exempt seller framework that gives small customers in on-supply situations (such as retirement villages) broadly equivalent protections to others customers, including increased access to concessions include clearer processes and requirements for gas customers around billing and credit management apply a National Connections Framework that sets out clear processes for new connections, including response times to customer requests. The explanatory notes for the Bill continue on to justify its modifications to the National Energy Retail Law by stating that this Bill: facilitates the continued delivery of the Queensland Government s Uniform Tariff Policy by Ergon Energy Queensland and Origin Energy by requiring the retailers to offer eligible large customers the regulated retail price on standard contract terms and restricting Ergon Energy Queensland from competing with other retailers to balance its competitive advantage expressly requires retailers to offer customer retail services to large customers where they are the financially responsible retailer for the premises to ensure customers can continue to access supply despite weak competition provides specialised standard retail and connection contracts for card-operated meter customers that set out clear rights and obligations within technical limitations of the service to better align rights and obligations with similar services continues restrictions on retail competition in some areas where technical limitations exist or there is not economic benefit to do so.

6 17 23 May 2014 page 6 B. The following Bill was introduced into the Legislative Assembly on 21 May Building and Construction Industry Payments Amendment Bill 2014 The Bill, as described in its explanatory notes, amends the Building and Construction Industry Payments Act 2004 to align with the key areas of reform as set out below : Appointment of adjudicators and the adjudication process: The Bill establishes a single adjudication registry within the Queensland Building and Construction Commission (the Commission) to monitor performance and appoint adjudicators based on skills, knowledge and experience It provides that authorised nominating authorities will no longer undertake this function, thereby removing the perception of conflicts of interest and bias in the appointment of adjudicators Adjudicators will also be required to determine if they have jurisdiction to make a decision and claimants will be able to withdraw an adjudication application if they choose to during the process. Amendment of timeframes for claimants and respondents: The Bill introduces a dual model regime to ensure a fairer system to address complex claims. For complex claims, where the claim is for more than $750,000 (or a greater amount prescribed by regulation) or is for a latent condition or a time related cost, the time for a respondent to provide a payment schedule will be extended to 15 business days (from 10 business days) Timeframes will be extended to 30 business days if the payment claim for a progress payment is served more than 90 days after the date in the contract on which a claim for progress payment may be made The time for a respondent to provide an adjudication response will increase from five business days to 10 business days, with an extension to 15 business days for complex claims. For complex claims the adjudicator will be able to extend the time for an adjudication response by up to an additional 15 business days The definition of business days will exclude the three business days before Christmas until 10 business days after New Year s Day to reflect industry shut down The time to lodge a payment claim will be reduced from 12 months to six months after the construction work was last carried out or the period worked out under the contract, whichever is later The time to serve a final payment claim will be the later of the period worked out under the contract, 28 days after the end of the defects liability period under the contract, or six months after the construction work was last carried out. Provision of additional information: Under the Bill, for complex claims, the respondent will be able to include in its adjudication response all relevant reasons for withholding payment, whether or not these matters were raised in the payment schedule, thereby allowing the adjudicator to fully consider the information relevant to the payment claim However, if additional reasons for withholding payment are included in the payment schedule this can be taken into account by the adjudicator when apportioning the fees of the adjudication.

7 17 23 May 2014 page 7 C. The following Bill was introduced into the Legislative Assembly on 22 May Professional Engineers and Other Legislation Amendment Bill 2014 As set out in its explanatory notes, this Bill amends the Professional Engineers Act 2002 in order to: clarify critical definitions in the Act to provide greater clarity and guidance to stakeholders provide a statement in the Act to the effect that a person carrying out professional engineering services outside of Queensland, for projects based in Queensland, must be a registered professional engineer or working under the direct supervision of a registered professional engineer introduce a new category of non-practising engineer to cater for retired engineers, and for engineers on maternity leave or other career breaks introduce a provision whereby all penalties and fees recovered by the Board under the Act are to be paid to the Board and become part of the Board s funds extend the time for which proceedings under the Act can commence from six months to one year, in some circumstances include additional provisions in the Act so that the Board has the power to reject a complaint if it reasonably considers that the complaint is unfounded or lacking in substance, in addition to the current reasons for the Board to reject a complaint which include frivolous, vexatious or trivial complaints expand options for the Board in deciding about unregistered engineers, such as to caution, reprimand or enter into undertakings, so that lengthy and expensive prosecution processes may be avoided in some circumstances permit the delegation of decisions in relation to the renewal process to a Board member, a committee of members, the registrar or an appropriately qualified Board staff member to alleviate difficulties experienced in processing the large increase in the number of registrants. The Bill also implements the second implementation stage of the Government s Ten Point Action Plan by: amending the Queensland Building and Construction Commission Act 1991 (QBCC Act) to enable a dissatisfied person to apply for internal review of QBCC decisions that have the potential to go to the Queensland Civil and Administrative Tribunal (the Tribunal), which provision applies to decisions about insurance, homeowner complaints, and licensing more clearly identifying that a licensee ought not to be categorised as a permanently excluded individual as a result of a relevant bankruptcy event and a relevant company event arising out of the same incident amending the QBCC Act, Building Act 1975 and the Plumbing and Drainage Act 2002 to transfer functions for licensing, compliance and disciplinary action relating to pool safety inspectors and plumbers and drainers to the QBCC and disband the Pool Safety Council and the Plumbing Industry Council, whose functions will be undertaken by the QBCC.

8 17 23 May 2014 page 8 Private members Bills introduced A. The following Bills were introduced into the Legislative Assembly on 22 May Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014 As referred in its explanatory notes, this Bill, which was introduced by Ms A Palaszczuk MP, the Leader of the Opposition, amends the following Acts: Domestic and Family Violence Protection Act 2012 to increase the penalties for offenders who breach domestic violence orders, protection notices or release conditions for offenders where that breach involves acts of physical violence Evidence Act 1977 to make admissible evidence of the history of domestic violence in a court proceeding where the offender and victim are involved in a domestic or family relationship Penalties and Sentences Act 1992 to change the sentencing guidelines to provide that where offences involve domestic or family violence, that is to be considered an aggravating factor at sentencing and to provide that offenders will not be able to successfully argue that the fact that the act of violence was committed in a domestic or family relationship as a mitigating factor in any sentence of the court Victims of Crime Assistance Act 2009 to ensure that the fundamental principles of fair and dignified treatment, privacy and information to victims applies to victims of domestic violence, and that all victims of domestic violence, including non-criminal domestic violence, can obtain assistance under the victims of crime assistance scheme. 2. Weapons (Digital 3D and Printed Firearms) Amendment Bill 2014 As listed in its explanatory notes, this Bill, which was introduced by C J Judge MP, the PUP Member for Yerongpilly, amends the Weapons Act 1990 in order to: create a licensing scheme for persons who make, acquire, possess and/or distribute digital 3D firearms as well as for licensed armours involved in the manufacturing of firearms using an additive manufacturing process provide transitional provisions for the licensing scheme create offences and punishment provisions for persons who unlawfully make, acquire, possess and/or distribute digital 3D firearms include new definitions as necessary. Government Bills passed (Note: None of the eight Bills listed below as having been passed during this parliamentary sitting week had been assented to, as at 5pm on Friday, 23 May 2014, according to the parliamentary website.) A. The following Bills were passed by the Legislative Assembly on 20 May Public Guardian Bill 2014 This Bill was originally introduced into the Legislative Assembly on 20 March A synopsis of the contents of the Bill as introduced was contained in Legislation Update No. 12 of 2014, dated 26 March 2014, at page 6.

9 17 23 May 2014 page 9 This Bill, the Family and Child Commission Bill 2014 and the Child Protection Reform Amendment Bill 2014 were dealt with as cognate bills, ie they were debated together (see Hansard for 20 May 2014 at page 1525). During its passage through the Legislative Assembly, the following provisions were amended: Clause 2 (Commencement) Clause 17 (Definitions for ch 3) Clause 39 (Definitions for pt 6) Clause 84 (Prescribed entities) Clause 85 (Information requirement made by public guardian) Clause 201 (Insertion of new ss108b 108D) Clause 211 [Amendment of sch 4 (Dictionary)]. In addition, the following new provisions were inserted: After clause 76, clause 76A (Matters to which ss74 and 76 are subject) After clause 83, clause 83A (Application of pt 4 separate representatives) After clause 219, Part 5A [Amendment of Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014] which inserted the following new clauses: Clause 219A (Act amended) which states that this part amends the Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Clause 219B [Amendment of s16 (Amendment of s123o (Containing or secluding an adult under short term approval)] Clause 219C [Amendment of s17 (Insertion of new s123oa)] Clause 219D [Amendment of s22 (Insertion of new s123zca)] Clause 219E [Amendment of s36 (Insertion of new pt 10A, div 8, sdiv 4)] Clause 219F [Amendment of s46 (Amendment of s80zh (When adult guardian may give short-term approval for use of containment or seclusion)] Clause 219G [Amendment of s47 (Replacement of ss80zi and 80ZJ)] Clause 219H [Amendment of s48 (Amendment of s80zk (When adult guardian may give short-term approval for use of other restrictive practices)] Clause 219I [Amendment of s49 (Amendment of s80zm (Requirement for adult guardian to give notice of decision)] After clause 265, Part 15A [Amendment of Queensland Civil and Administrative Tribunal Act 2009] which inserted the following new clauses: Clause 265A (Act amended) which states that this part amends the Queensland Civil and Administrative Tribunal Act 2009 Clause 265B [Amendment of s46 (Withdrawal of application or referral)]. In the above new provisions inserted by these amendments, editor s notes indicate the following: Clauses 219B to Clause 219E ultimately amend the Disability Services Act 2006 Clause 219F to Clause 219I ultimately amend the Guardianship and Administration Act 2000.

10 17 23 May 2014 page 10 Finally, the long title of the Bill was amended to include references to the amendments it makes to the following Acts (which were outside the purview of the original long title): Disability Services (Restrictive Practices) and Other Legislation Amendment Act 2014 Queensland Civil and Administrative Tribunal Act Family and Child Commission Bill 2014 This Bill was originally introduced into the Legislative Assembly on 20 March A synopsis of the contents of the Bill as introduced was contained in Legislation Update No. 12 of 2014, dated 26 March 2014, at page 7. This Bill, the Public Guardian Bill 2014 and the Child Protection Reform Amendment Bill 2014 were dealt with as cognate bills, ie they were debated together (see Hansard for 20 May 2014 at page 1525). During its passage through the Legislative Assembly, Schedule 2 (Dictionary) was amended to omit the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006 from the definition complaints entity, and to insert the Health Ombudsman. (This minor technical amendment was required as the Health Quality and Complaints Commission will cease at the end of June 2013.) 3. Child Protection Reform Amendment Bill 2014 This Bill was originally introduced into the Legislative Assembly on 20 March A synopsis of the contents of the Bill as introduced was contained in Legislation Update No. 12 of 2014, dated 26 March 2014, at page 8. This Bill, the Public Guardian Bill 2014 and the Family and Child Commission Bill 2014 were dealt with as cognate bills, ie they were debated together (see Hansard for 20 May 2014 at page 1525). During its passage through the Legislative Assembly, the following provisions were amended: Clause 32 [Replacement of s246d (Report to be prepared and given to CDCRC)] Clause 55 (Amendment of ch 8 references to commissioner or Commissioner ) Clause 57 [Omission of ch 8, pt 1, div 1 (General)]. 4. Land and Other Legislation Amendment Bill 2014 This Bill was originally introduced into the Legislative Assembly on 19 March A synopsis of the contents of the Bill as introduced was contained in Legislation Update No. 12 of 2014, dated 26 March 2014, at page 5. During its passage through the Legislative Assembly, the following provisions were amended: Clause 2 (Commencement) Clause 21 [Amendment of sch 3 (Dictionary)] Clause 48 [Amendment of s168 (Notice of chief executive s decision)] Clause 118 [Amendment of s144 (Compulsory acquisition of native title)] Clause 141 [Replacement of sch 11 (Subartesian areas)] Clause 142 [Amendment of sch 17 (Dictionary)].

11 17 23 May 2014 page 11 In addition, the following new provisions were inserted: After clause 124: Clause 124A [Amendment of s42 (Provisions of authority to prospect)] Clause 124B [Insertion of new ch 2, pt 1, div 3, sdiv 7 (Special statutory extension of work programs)] Clause 124C [Insertion of new ch 2, pt 1, div 8, sdiv 3 (Special amendment of relinquishment requirements or work program)] Clause 124D [Amendment of s118 (Requirements for making ATP related application)] Clause 124E [Amendment of s121 (Requirements for grant)] After clause 129, clause 129A [Amendment of sch 2 (Dictionary)] After clause 132, clause 132A [Insertion of new ch 2, pt 9, div 6 (Validation provision) which consists of s293 (Continuation of quarry material extraction)] After clause 140, clause 140A [Insertion of new pt 9, div 12 (Transitional provision for Land and Other Legislation Amendment Act 2014)] which consists of s133 (Great Artesian Basin subartesian area as Greater Western subartesian area) After clause 160, clause 160A [Amendment of sch 10 (Dictionary)]. 5. Construction and Tourism (Red Tape Reduction) and Other Legislation Amendment Bill 2014 This Bill was originally introduced into the Legislative Assembly on 18 March A synopsis of the contents of the Bill as introduced was contained in Legislation Update No. 12 of 2014, dated 26 March 2014, at page 3. During its passage through the Legislative Assembly, clause 2 (Commencement) was amended to provide that Chapter 3B is taken to have commenced on 13 May (Chapter 3B is a new chapter inserted by amendment see below.) In addition the following new provisions were inserted after clause 48: Chapter 3A (Amendment of Industrial Relations Act 1999) which consists of the following new clauses: Clause 48A (Act amended) Clause 48B [Amendment of s252 (President s annual report)] Chapter 3B (Queensland Civil and Administrative Tribunal Act 2009) which consists of the following new clauses: Clause 48C (Act amended) Clause 48D [Amendment of s206bb (Expiry of pt 4B)]. Further, the long title of the Bill was amended to include references to the amendments it makes in relation to the following Acts (which were outside the purview of the original long title): Industrial Relations Act 1999 Queensland Civil and Administrative Tribunal Act 2009.

12 17 23 May 2014 page 12 B. The following Bill was passed by the Legislative Assembly on 21 May Electricity and Other Legislation Amendment Bill 2014 This Bill was originally introduced into the Legislative Assembly on 20 March A synopsis of the contents of the Bill as introduced was contained in Legislation Update No. 12 of 2014, dated 26 March 2014, at page 9. This Bill was not amended during its passage through the Legislative Assembly. C. The following Bills were passed by the Legislative Assembly on 22 May Electoral Reform Amendment Bill 2013 This Bill was originally introduced into the Legislative Assembly on 21 November A synopsis of the contents of the Bill as introduced was contained in Legislation Update No. 47 of 2013, dated 27 November 2013, at page 16. During its passage through the Legislative Assembly, the following provisions were amended: Clause 4 [Amendment of s2 (Definitions)] Clause 5 [Amendment of s89 (Deposit to accompany nomination)] Clause 12 [Amendment of s119 (Making a declaration vote using posted voting papers)] Clause 15 (Insertion of new pt 7, div 5, sdiv 3A) Clause 24 (Insertion of new s201a) Clause 36 [Amendment of s223 (Entitlement to election funding registered political parties)] Clause 37 [Amendment of s224 (Entitlement to election funding candidates)] Clause 38 [Replacement of s225 (Advance payment of election funding)] Clause 49 (Insertion of new pt 11, div 5) Clause 52 [Amendment of s261 (Disclosure by candidates of political donations and gifts)] Clause 53 [Amendment of s262 (Loans to candidates)] Clause 54 [Amendment of s263 (Disclosure of gifts by third parties that receive political donations or incur expenditure for political purposes)] Clause 55 [Amendment of s264 (Donations to candidates etc.)] Clause 56 (Replacement of ss265 and 266) Clause 57 [Amendment of s271 (Particular gifts not to be received)] Clause 58 [Amendment of s272 (Particular loans not to be received)] Clause 65 [Amendment of s290 (Returns for reporting periods by registered political parties)] Clause 66 [Amendment of s291 (Amounts received)] Clause 68 [Replacement of s293 (Outstanding amounts)] In addition, there was a new provision, namely, s422 (Application of Act in relation to Redcliffe by-election), described in the debate as being inserted after clause 78 but which appears to be added on to the original provisions (ss ) constituting Division 7 (Transitional provisions for Electoral Reform Amendment Act 2013) of Part 13 of the Electoral Act 1992, which division was inserted by clause 78 in the original Bill. The Independent Member for Gladstone, Mrs Cunningham, appears to have been the only member to have adverted to this apparent discrepancy.

13 17 23 May 2014 page Environmental Offsets Bill 2014 This Bill was originally introduced into the Legislative Assembly on 13 February A synopsis of the contents of the Bill as introduced was contained in Legislation Update No. 7 of 2014, dated 19 February 2014, at page 7. During its passage through the Legislative Assembly, the following provisions were amended: Clause 8 (What is a significant residual impact) Clause 10 (What is a prescribed environmental matter and a matter of environmental significance) Clause 13 (Content of environmental offsets policy) Clause 14 (Imposing offset condition) Clause 15 (Restriction on imposition of offset condition) Clause 16 (Conditions that apply under this Act to authority) Clause 18 (Election about delivery of offset condition) Clause 19 (Reaching agreement about delivery) Clause 23 (Requirements for financial settlement offsets) Clause 25 (Environmental offset agreement) Clause 28 (What is a legally secured offset area) Clause 29 (Declaration of environmental offset protection area) Clause 30 (Recording of declared areas etc) Clause 33 (Correcting, updating or removing registry record) Clause 36 (Offence relating to compliance notice) Clause 41 (Functions of inspectors) Clause 44 (Appointment and qualifications) Clause 83 (Object of offset account) Clause 85 (Payment of amounts from offset account) Clause 88 (Payment of amounts into and from trust fund) Clause 92 (Regulation-making power) Clause 94 (Application of this Act or existing Act) Clause 95 (Transitional regulation-making power) Clause 138 [Amendment of s346a (Environmental offset conditions)] Clause 139 (Insertion of new ch 10, pt 10). In addition, the following new provisions were inserted: After clause 19, Division 2A (Amending agreements after prescribed activity starts) which consisted of clause 19A (Amending agreement after prescribed activity starts) After clause 138, clause 138A [Insertion of new s346b (Conditions of authority)] After clause 139, clause 139A [Amendment of sch 3 (Dictionary)].

14 17 23 May 2014 page 14 Private members Bills negatived A. The following Bill was negatived by the Legislative Assembly on 21 May Identification Laws Amendment Bill 2013 This Bill had been introduced on 8 August 2013 by Mr P W Wellington MP, the Independent Member for Nicklin. Bills assented to A. The Bills for the following Acts were assented to on 21 May 2014 Note: The Bills for all of the Acts listed below were passed by the Legislative Assembly during the parliamentary sitting week of 6-8 May For details of their passage through parliament, see Legislation Update No. 19 of 2014, dated 14 May 2014, at pages In respect of Act Nos 18, 19, 20 and 22 of 2014 in the list below, the original year date of the Bills for those Acts was 2013 as they were introduced into the Legislative Assembly during that year. However, as they were assented to in 2014, their year dates were amended accordingly to 2014 by The Clerk of the Parliament prior to their assent, pursuant so Standing Order 165 (Clerical errors or formal changes to any Bill) of the Legislative Assembly, together with amendments to the consequential references to short titles of related legislation (see Report of The Clerk of the Parliament in Hansard of 22 May 2014 at pages ). 1. Public Safety Business Agency Act 2014 Act No. 17 of 2014 Pursuant to s15a (Commencement of Acts on date of assent) of the Acts Interpretation Act 1954, the provisions of this Act commenced on the date of assent. 2. Agents Financial Administration Act 2014 Act No. 18 of 2014 Pursuant to s2 of this Act, its provisions commence on a date to be fixed by Proclamation. 3. Debt Collectors (Field Agents and Collection Agents) Act 2014 Act No. 19 of 2014 Pursuant to s2 of this Act, its provisions commence on a date to be fixed by Proclamation. 4. Motor Dealers and Chattel Auctioneers Act 2014 Act No. 20 of 2014 Pursuant to s2 of this Act, its provisions commence on a date to be fixed by Proclamation. 5. Crime and Misconduct and Other Legislation Amendment Act 2014 Act No. 21 of 2014 Pursuant to s2 of this Act: Section 80 [Insertion of new ch 8, pt 11 (Crime and Misconduct and Other Legislation Amendment Act 2014)] is taken to have commenced on the day the Bill for this Act was introduced into the Legislative Assembly, ie 20 November 2013 This Act, other than s80, commences on a date to be fixed by Proclamation.

15 17 23 May 2014 page Property Occupations Act 2014 Act No. 22 of 2014 Pursuant to s2 of this Act, this Act, other than Part 16 (Amendment of Youth Justice Act 1992), commences on a date to be fixed by Proclamation. [Part 16, pursuant to s15a (Commencement of Acts on date of assent) of the Acts Interpretation Act 1954, commenced on the date of assent.] 7. Queensland Training Assets Management Authority Act 2014 Act No. 23 of 2014 Pursuant to s2 of this Act, its provisions commence on a date to be fixed by Proclamation. 8. TAFE Queensland (Dual Sector Entities) Amendment Act 2014 Act No. 24 of 2014 Pursuant to s2 of this Act, its provisions commence on a date to be fixed by Proclamation. 9. Further Education and Training Act 2014 Act No. 25 of 2014 Pursuant to s2 of this Act, its provisions commence on a date to be fixed by Proclamation. Acts/legislation commenced by Proclamation 1. Criminal Code and Another Act (Stock) Amendment Act 2014 SL No. 67 of 2014 see below under the heading Subordinate legislation (Regulations and Rules). Subordinate legislation (Regulations and Rules) A. Subordinate legislation notified on the Queensland Legislation website on 23 May SL No. 66 of 2014: Sustainable Planning Amendment Regulation (No. 3) 2014 This regulation amends ss5, 6 and 27(2) of the Sustainable Planning Regulation 2009 in order to prescribe a new version of the guideline for making or amending a planning scheme, planning scheme policy or priority infrastructure plan and for making a temporary local planning instrument. The new version is entitled Statutory guideline 01/14 Making and amending local planning instruments (SG01/14) and is dated 17 April SL No. 67 of 2014: Proclamation commencing certain provisions of the Criminal Code and Another Act (Stock) Amendment Act 2014 By a Proclamation signed on 22 May 2014, Her Excellency the Governor fixed the specified dates for the commencement of the following provisions of the Criminal Code and Another Act (Stock) Amendment Act 2014 (Act No. 13 of 2014): Sections 3 to 11, 17, 19, 21, 22 and 24 to the extent it inserts the definition stock commence on 23 May 2014 The provisions that are not then in force and not otherwise commenced under this Proclamation, other than s15, commence on 1 June 2014.

16 17 23 May 2014 page SL No. 68 of 2014: Industrial Relations Amendment Regulation (No. 4) 2014 The objective of this regulation is to remove any ambiguity concerning the industrial relations status of the following entities by declaring them as not national system employers for the purposes of Fair Work Act 2009 (Cth) for the reasons set out in its explanatory notes, thus excluding them from the national workplace relations system: Tourism and Events Queensland Queensland Curriculum and Assessment Authority. In particular, this regulation amends the Industrial Relations Regulation 2011 by inserting the following new provisions in Part 13A: s145g (Declaration for Act, s692 Tourism and Events Queensland) s145h (Declaration for Act, s692 Queensland Curriculum and Assessment Authority). Pursuant to s2 (Commencement), this regulation commences on 1 July SL No. 69 of 2014: Fisheries Legislation Amendment Regulation (No. 1) 2014 This regulation, as listed in its explanatory notes, makes a number of minor amendments to the Fisheries Regulation 2008, the Fisheries (Coral Reef Fin Fish) Management Plan 2003 and the Fisheries (East Coast Trawl) Management Plan 2010, including: limiting the application of the Australian bass closed season to tidal waters only amendment of the regulated periods for coral reef fin fishery and tropical rocklobster closures clarification of the net restrictions for waters south of Baffle Creek to include mesh and seine nets removal of the provision for the prescribed annual quota for spanner crabs, with future quotas to be declared by the chief executive under s44 of the Fisheries Act 1994 amendment of a number of descriptions of regulated waters adjacent to waterway barriers combining of the entries in the regulated fish declarations for all the species of rainbowfish, provide for further species of rainbowfish that have currently been omitted and provide that no more than 20 of each of the regulated rainbowfish species may be possessed at any time including an N11 fishery symbol for a number of regulated fish declarations such as grey reef shark, guitarfish, mantra ray and shovelnose ray allowing commercial fishers to possess and use up to 100 crab apparatus provided they have two C1 fishery symbols on their commercial fishing boat licence amendment of the Fisheries (Coral Reef Fin Fish) Management Plan 2003 to remove the prescribed quota provision, with future quotas to be declared by the chief executive under s44 of the Act amendment of the Fisheries (East Coast Trawl) Management Plan 2010 to allow vessels to transit the Southern Regional Regulated Waters. Pursuant to s2 (Commencement): Section 14 [which omits Division 5 (Annual quota) of Part 1A of Chapter 11 of the Fisheries Regulation 2008] commences on 1 June 2014 Section 22 [which amends s69 (Meaning of entitlement of line unit holder) of the Fisheries (Coral Reef Fin Fish) Management Plan 2003] commences on 1 July All other provisions of this regulation commenced on the date of its notification, pursuant to ss32ff of the Statutory Instruments Act 1992.

17 17 23 May 2014 page SL No. 70 of 2014: Nature Conservation Legislation Amendment Regulation (No. 1) 2014 The objective of this regulation is to redescribe Yurol Forest Reserve and Tewantin National Park in order to correct erroneous descriptions due to recalculations of their areas using updated survey data. In particular, this regulation amends the following provisions: the Schedule of the Nature Conservation (Forest Reserves) Regulation 2000 to redescribe Yurol Forest Reserve, thus decreasing the area of the forest reserve by hectares Schedule 2 of the Nature Conservation (Protected Areas) Regulation 1994 to redescribe Tewantin National Park, thus increasing the area of the national park by hectares. 6. SL No. 71 of 2014: Professional Standards (Law Society of Western Australia Scheme) Notice 2014 By means of s2 [Approval of interstate scheme Act, s14(1)] of this instrument, the Attorney-General and Minister for Justice gives notice that the Law Society of Western Australia Scheme is an interstate scheme that has been approved by the appropriate council for Western Australia, as required by s14(1) of the Professional Standards Act SL No. 72 of 2014: Fisheries (Spanner Crab Fishery) Quota Declaration 2014 This instrument prescribes the annual quota for taking spanner crab from the commercial spanner crab fishery (managed area A) for the period 1 June 2014 to 31 May 2015 at 1777t. Pursuant to s2 (Commencement), this instrument commences on 1 June SL No. 73 of 2014: Fisheries (Coral Reef Fin Fish) Quota Declaration 2014 This instrument prescribes the annual quota for taking coral reef fin fish from the reef line fishery for the period 1 July 2014 to 30 June It covers the following: regulated coral trout redthroat emperor other coral reef fin fish. Pursuant to s2 (Commencement), this instrument commences on 1 July Local laws A. Queensland Government Gazette of 2014 No local laws were notified in this edition of the Gazette.

18 17 23 May 2014 page 18 Approved forms/guidelines A. Queensland Government Gazette of 2014 Notification of the approval of forms for us under the following Act: 1. Work Health and Safety Act 2011 Form 80 (V ): Application for asbestos removal licence for Class A or Class B Form 85 (V ): Nomination of additional supervisor for Class A asbestos removal licence Form 65 (V ): Notification of licensed asbestos removal work Form 84 (V1.3.12): Removal of supervisor from Class A asbestos removal licence. Other statutory instruments/statutory notices A. Extraordinary edition of the Queensland Government Gazette of 16 May 2014 (Note: Although this edition of the Gazette does not fall within the period covered by this Update, it was published in the consolidated weekly issue of the Gazette of 23 May 2014 and, consequently, is included in this Update.) 1. Electrical Safety Act 2002 Gazettal of the order issued by the Director Equipment Safety & Licensing, Department of Justice and Attorney-General, as the delegate of the regulator, on reasonable belief that the specified type does not comply with the safety criteria in AS/NZS 3820 (Essential safety requirements for electrical equipment), prohibiting the sale or installation by any person of the following: Avanco branded PV isolator units model numbers AV/DC20A-1000, and AV/DC32A-1000 Avanco branded weatherproof IP66 MCB enclosure model numbers ENC56CB4N and ENC56CB8N. B. Extraordinary edition of the Queensland Government Gazette of 19 May Electrical Safety Act 2002 Gazettal of the order issued by the Director Equipment Safety & Licensing, Department of Justice and Attorney- General, as the delegate of the regulator, on reasonable belief that the specified type does not comply with the safety criteria in AS/NZS 3820 (Essential safety requirements for electrical equipment), prohibiting the sale or installation by any person of the following: GEN3 and SPM branded rotary type DC isolators model numbers GEN3DC-25, GEN3DC-32, SPMDCISO-25A and SPMDCISO-32A.

19 17 23 May 2014 page 19 C. Queensland Government Gazette of 23 May Transport Infrastructure Act 1994 Gazettal of the notice given, in accordance with ss42(11) and 42(12), that the Bells Creek Arterial Road has been notified to Sunshine Coast Regional Council as a future state-controlled road. 2. Chicken Meat Industry Committee Act 1976 Gazettal of the declaration made by the Minister for Agriculture, Fisheries and Forestry, pursuant to s31, that the transfer day for the transfer of the assets and liabilities of the Chicken Meat Industry Committee to the Queensland Chicken Meat Council Inc. is 19 June Electricity Act 1994 Gazettal of the advice, given by the Queensland Competition Authority pursuant to s120j, that a revision to the Electricity Industry Code (the Code) (version 16), to come into effect on 1 July 2014, was approved by the Minister for Energy and Water Supply on 13 May 2014, the changes in which revision remove minimum service standard provisions from the Code to prevent regulatory duplication with new requirements in distribution authorities. 4. Motor Racing Events Act 1990 Gazettal of the notice given by the Minister for Tourism, Major Events, Small Business and the Commonwealth Games that the period fixed for the purpose of sub-section (1)(b) of s14 (Removal of unattended vehicles within the declared area) for the Castrol Townsville 500 is the period between 26 May and midday 3 July 2014 and midday 7 July to 1 August Nature Conservation Act 1992 Gazettal of the notice stating that the Director-General of the Department of Environment and Heritage Protection has made the guidelines about considering applications under the above Act for wildlife authorities for protected plants in accordance with the provisions of s174b, entitled Protected Plants Assessment Guidelines. 6. Plumbing and Drainage Act 2002 Gazettal of the following approvals given by the chief executive of the Department of Housing and Public Works under s98(a): Chief Executive Approval 04/2014 approved on 19 May 2014 for the Hydrasyst The Grey Box manufactured by Hydrasyst Pty Ltd (ABN ) Chief Executive Approval 06/2014 approved on 19 May 2014 for the Fuji Clean CRX 1500 Model manufactured by Fuji Clean Australia (ABN ).

20 17 23 May 2014 page 20 Miscellaneous 1. Motion to disallow regulation On 21 May 2014, the Legislative Assembly debated an Opposition motion to disallow Sustainable Planning Amendment Regulation (No. 1) 2014 (Subordinate Legislation No. 38 of 2014), which was notified on the Queensland legislation website on 4 April 2014 (see Legislation Update No. 14 of 2014) and tabled in the House on 6 May This instrument of subordinate legislation related to the boot camp program. The motion failed. 2. Parliamentary sitting dates As indicated on the parliamentary website, Queensland Parliament is scheduled to sit from Tuesday 3 June to Friday 6 June (The Queensland State Budget is due to be delivered on 3 June.) The complete list of proposed sitting dates for the remainder of 2014 is available on that website.