Primary legislation (Acts of Parliament)...3. Bills assented to...3. Subordinate legislation (regulations and rules)...4. Local laws...

Transcription

1 Issue 33/ August 2014 Period covered by this Update: 9 15 August 2014 Primary legislation (Acts of Parliament)...3 Bills assented to...3 A. The Bills for the following Acts were assented to on 15 August Appropriation (Parliament) Act 2014 No.37 of Appropriation Act 2014 No.38 of Criminal Law Amendment Act 2014 No.39 of State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014 No.40 of Forestry and Another Act Amendment Act 2014 No.41 of Subordinate legislation (regulations and rules)...4 A. Subordinate legislation notified on the Queensland Legislation website on 15 August SL No.173 of 2014: Water Resource (Pioneer Valley) Plan (Postponement of Expiry) Notice SL No.174 of 2014: Water Resource (Barron) Plan (Postponement of Expiry) Notice SL No.175 of 2014: South Bank Corporation Regulation SL No.176 of 2014: South Bank Corporation By-law SL No.177 of 2014: State Penalties Enforcement Regulation SL No.178 of 2014: Cremations Regulation Local laws...5 A. Queensland Government Gazette of 15 August Mapoon Aboriginal Shire Council... 5 Approved forms/guidelines...5 A. Queensland Government Gazette of 15 August Disability Services Act 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 9 15 August 2014 page 2 Other statutory instruments/statutory notices...6 A. Extraordinary edition of the Queensland Government Gazette of 11 August Electricity Act B. Queensland Government Gazette of 15 August Water Act Sustainable Planning Act Miscellaneous Parliamentary sitting dates... 6

3 9 15 August 2014 page 3 Primary legislation (Acts of Parliament) Parliament did not sit during the period covered by this Update. Bills assented to A. The Bills for the following Acts were assented to on 15 August 2014 (Note: The Bills for the Acts listed below were passed by the Legislative Assembly during the parliamentary sitting week of 5-7 August For details of their passage through Parliament, see Legislation Update No.32 of 2014, dated 13 August 2014, at pages 4-6.) 1. Appropriation (Parliament) Act 2014 No.37 of 2014 Pursuant to s15a of the Acts Interpretation Act 1954, this Act commenced on the date of assent. 2. Appropriation Act 2014 No.38 of 2014 Pursuant to s15a of the Acts Interpretation Act 1954, this Act commenced on the date of assent. 3. Criminal Law Amendment Act 2014 No.39 of 2014 Pursuant to s1a, Part 4A (Amendment of Bail Act 1980) of this Act is taken to have commenced on 1 July 2014 immediately after the commencement of the Crime and Misconduct and Other Legislation Amendment Act Pursuant to s15a of the Acts Interpretation Act 1954, this Act, other than Part 4A, commences on the date of assent. 4. State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014 No.40 of 2014 Pursuant to s2 (Commencement), this Act commences on a date to be fixed by proclamation. 5. Forestry and Another Act Amendment Act 2014 No.41 of 2014 Pursuant to s2 (Commencement), this Act, other than ss14(4), 36A and 41(3), commences on a date to be fixed by proclamation. Pursuant to s15a of the Acts Interpretation Act 1954, ss14(4), 36A and 41(3) commenced on the date of assent.

4 9 15 August 2014 page 4 Subordinate legislation (regulations and rules) A. Subordinate legislation notified on the Queensland Legislation website on 15 August SL No.173 of 2014: Water Resource (Pioneer Valley) Plan (Postponement of Expiry) Notice 2014 The objective of this instrument is to postpone the expiry of the Water Resource (Pioneer Valley) Plan 2002 by providing that the new expiry date under s52b(8) of the Water Act 2000 is 19 December (The notification, including the full text, of this instrument is also published at pages of the Queensland Government Gazette of 15 August 2014.) 2. SL No.174 of 2014: Water Resource (Barron) Plan (Postponement of Expiry) Notice 2014 The objective of this instrument is to postpone the expiry of the Water Resource (Barron) Plan 2002 by providing that the new expiry date under s52b(8) of the Water Act 2000 is 19 December (The notification, including the full text, of this instrument is also published at pages of the Queensland Government Gazette of 15 August 2014.) 3. SL No.175 of 2014: South Bank Corporation Regulation 2014 The objective of this regulation, as described in its explanatory notes, is to remake the South Bank Corporation Regulation 2003, which is due to expire on 1 September 2014, to ensure that the effective administration of the South Bank Corporation Act 1989 was maintained whilst the Corporation retained certain legislative obligations due to the government still considering the future of the Corporation. The remade regulation will ensure that the fulfilment of the corporation s original objectives and functions continue until the corporation s future is resolved. 4. SL No.176 of 2014: South Bank Corporation By-law 2014 The objective of this by-law, as described in its explanatory notes, is to remake the South Bank Corporation By-law 2004, which is due to expire on 1 September 2014, which establishes the site area in respect of which the Corporation can exercise its powers. The by-law authorises persons to exercise powers to undertake traffic control, manage parking authorisation and unrecovered vehicles, site access and notices, temporary site closure and recognises certain police powers in relation to traffic control. This by-law is necessary to ensure that site operations support public amenity and public and commercial activity as the government is still considering the future of the corporation and its activities.

5 9 15 August 2014 page 5 5. SL No.177 of 2014: State Penalties Enforcement Regulation 2014 The policy objective of this regulation, as described in its explanatory notes, is to replace the State Penalties Enforcement Regulation 2000, which is due to expire on 31 August 2014, with some amendment. This regulation, as listed in its explanatory notes, will be similar to the State Penalties Enforcement Regulation 2000 in that this regulation will: prescribe details of the particulars that an administering authority and court must provide to the State Penalties Enforcement Registry regarding an unpaid penalty infringement notice (PIN), court-ordered amount or an instalment arrangement for an unpaid PIN, and the particulars that must be included in certain infringement notices prescribe fees and other monetary amounts relevant to the administration, collection and enforcement of unpaid amounts set out the offence provisions across all Queensland legislation that are prescribed as infringement notice offences for which PINs may be issued in lieu of instituting prosecution action prescribe the administering authorities and the authorised persons for infringement notice offences. 6. SL No.178 of 2014: Cremations Regulation 2014 The policy objective of this regulation is to repeal and replace the Cremations Regulation 2003, which is due to expire on 1 September 2014, with one minor adjustment whereby the terminology within the regulation has been changed from deceased to deceased person to align with the Cremations Act All other amendments, as described in the explanatory notes, are technical. Pursuant to s2 (Commencement), this regulation commences on 1 September Local laws A. Queensland Government Gazette of 15 August 2014 Gazettal of the making of local laws by the following council: 1. Mapoon Aboriginal Shire Council Mapoon Aboriginal Shire Council (Making of Model Local Law) and (Making of Subordinate Local Law) Notice (No.1) 2014 Approved forms/guidelines A. Queensland Government Gazette of 15 August 2014 Notification of the approval of, or the withdrawal of approval for, forms for use under the following Acts: 1. Disability Services Act 2006 Form 8 (Version 1): Notification about compensation relating to disability Form 15 (Version 1): Notification about compensation relating to disability.

6 9 15 August 2014 page 6 Other statutory instruments/statutory notices A. Extraordinary edition of the Queensland Government Gazette of 11 August Electricity Act 1994 Gazettal of the statement made by the chair of the Queensland Competition Authority, pursuant to s94 and the direction notice from the Minister for Energy and Water Supply, dated 30 July 2014 and issued under s93(1)(b), that the Queensland Competition Authority decided that, on and from 11 September 2014 to 30 June 2015, the feed-in tariff, as defined in s92, is 6.53 cents per kilowatt hour. B. Queensland Government Gazette of 15 August Water Act 2000 Notification that the Governor in Council on 14 August 2014 approved an amendment of a resource operations plan titled Condamine and Balonne Resource Operations Plan, which came into effect on the first business day after the amendment is notified in the gazette. 2. Sustainable Planning Act 2009 Gazettal of the notification given by the Deputy Premier and Minister for State Development, Infrastructure and Planning, under s64(1)(a), that the Cape York Regional Plan was made on 8 August Miscellaneous 1. Parliamentary sitting dates As indicated on the parliamentary website, the Queensland Parliament is scheduled to sit next from Tuesday 26 August to Thursday 28 August (The complete list of proposed sitting dates for the remainder of 2014 is available on that site.)