Issue 27/2013 10 July 2013 Period covered by this update: 29 June 5 July 2013 Primary Legislation (Acts of Parliament)...3 Acts/Legislation Commenced by Proclamation...3 1. Body Corporate and Community Management and Other Legislation Amendment Act 2013... 3 Subordinate Legislation (Regulations, Rules, etc.)...3 A. Subordinate legislation notified in the Queensland Government Gazette of 5 July 2013... 3 1. SL No. 134 of 2013: State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 2) 2013... 3 2. SL No. 135 of 2013: Proclamation commencing remaining provisions of the Body Corporate and Community Management and Other Legislation Amendment Act 2013... 3 Local Laws...3 A. Queensland Government Gazette of 5 July 2013... 3 1. Gold Coast City Council... 3 2. Ipswich City Council... 3 Approved Forms/Guidelines...4 A. Queensland Government Gazette of 5 July 2013... 4 1. Building and Construction Industry Payments Act 2004... 4 2. Petroleum and Gas (Production and Safety) Act 2004... 4 3. Plumbing and Drainage Act 2002... 4 Disclaimer: While every care has been taken with the preparation of this Legislation Update, the Queensland Law Society and its officers and agents involved in its compilation and publication do not accept any responsibility or liability for any errors howsoever caused, whether by negligence or otherwise, in the information contained in it. Members are urged to check the primary sources referred to in the document, when appropriate, to confirm relevant details. N.B. Members are referred to the separate document, headed Legislation Updates: Notes and Background Information and appearing in this area of the Society s website, for general information in relation to the material contained in Legislation Updates.
29 June 5 July 2013 page 2 Other Statutory Instruments/Statutory Notices...4 A. Extraordinary edition of the Queensland Government Gazette of 1 July 2013... 4 1. Motor Accident Insurance Act 1994... 4 2. South-East Queensland Water (Distribution and Retail Restructuring) Act 2009... 4 B. Extraordinary edition of the Queensland Government Gazette of 2 July 2013... 4 1. Sustainable Planning Act 2009... 4 C. Queensland Government Gazette of 5 July 2013... 5 1. Place Names Act 1994... 5 2. Public Service Act 2008... 5 3. Corrective Services Act 2006... 5 4. Information Privacy Act 2009... 5 5. Parliament of Queensland Act 2001... 6 6. Police Service Administration Act 1990... 6 7. Property Law Act 1974... 6 8. Queensland Heritage Act 1992... 6 9. State Development and Public Works Organisation Act 1971... 7 10. Transport Operations (Marine Safety) Act 1994/ Transport Operations (Marine Safety) Regulation 2004... 7 11. Workers Compensation and Rehabilitation Act 2003... 7 Miscellaneous...7 1. Parliamentary Sittings... 7
29 June 5 July 2013 page 3 Primary Legislation (Acts of Parliament) Parliament did not sit during the period covered by this Update. Acts/Legislation Commenced by Proclamation 1. Body Corporate and Community Management and Other Legislation Amendment Act 2013 SL No. 135 of 2013 see below under the heading, Subordinate Legislation (Regulations, Rules, etc.). Subordinate Legislation (Regulations, Rules, etc.) A. Subordinate legislation notified in the Queensland Government Gazette of 5 July 2013 1. SL No. 134 of 2013: State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 2) 2013 The objective of this Regulation is to amend s8 (Declaration of Townsville State Development Area) of the State Development and Public Works Organisation (State Development Areas) Regulation 2009 in order to update the reference to the regulation map which delineates the boundary of the Townsville State Development Area ( TSDA ). This measure varies the boundary of that state development area to address problems arising out of the present arrangement whereby an applicant would be required to lodge two separate material change of use applications under both the State Development and Public Works Organisation Act 1971 and the Sustainable Planning Act 2009 for the same development, given part of the site is within the TSDA (approximately 163 hectares), and a small part of the site (approximately 12.5 hectares) is not. 2. SL No. 135 of 2013: Proclamation commencing remaining provisions of the Body Corporate and Community Management and Other Legislation Amendment Act 2013 By a Proclamation signed on 4 July 2013, Her Excellency the Governor fixed 1 August 2013 for the commencement of the provisions of the Body Corporate and Community Management and Other Legislation Amendment Act 2013 (Act No. 11 of 2013) that are not then in force. The Explanatory Notes for this instrument state that the provisions to be commenced by Proclamation relate to the reduction of disclosure requirements associated with the sale of lots in community titles schemes. Local Laws A. Queensland Government Gazette of 5 July 2013 Notification of the making of local laws by the following councils: 1. Gold Coast City Council 2. Ipswich City Council
29 June 5 July 2013 page 4 Approved Forms/Guidelines A. Queensland Government Gazette of 5 July 2013 Notification of the approval of, and/or the withdrawal of approval for, forms for use under the following Acts: 1. Building and Construction Industry Payments Act 2004 2. Petroleum and Gas (Production and Safety) Act 2004 3. Plumbing and Drainage Act 2002 Other Statutory Instruments/Statutory Notices A. Extraordinary edition of the Queensland Government Gazette of 1 July 2013 1. Motor Accident Insurance Act 1994 Notification given by the Insurance Commissioner, in accordance with s30(3), that, on 2 April 2013, the Commission approved (with conditions) the following transfers: the transfer of the entire CTP business of Suncorp Metway Insurance Limited ABN 83 075 695 966 to AAI Limited ABN 48 005 297 807; and, the transfer of the entire CTP business of Australian Associated Motor Insurers Limited ABN 92 004 791 744 to AAI Limited ABN 48 005 297 807. 2. South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 Gazettal of the Notice of Adoption of South East Queensland Design and Construction Code whereby the Minister for Energy and Water Supply gave notice, as required by s99be, of the adoption, pursuant to s99bd, of the South East Queensland Design and Construction Code by Unitywater, Queensland Urban Utilities, Logan City Council, Gold Coast City Council and Redland City Council. B. Extraordinary edition of the Queensland Government Gazette of 2 July 2013 1. Sustainable Planning Act 2009 Gazettal of the notice given by the Minister for Education, Training and Employment, that, under Part 2 of Chapter 5, he had made Ministerial designations of land for community infrastructure at the following locations for the specified schools: 1 Hunter Street, Brassall (Lot 581 on SP145243) for the Ipswich State High School; 7 Acacia Street, Killarney (Lot 154 on SP112310) for the Killarney State School; and, Cnr of Victoria Street and Guy Street, Warwick (Lot 1 on RP5714 and Part of Lot 553 on SP195965) for the Warwick State High School.
29 June 5 July 2013 page 5 C. Queensland Government Gazette of 5 July 2013 1. Place Names Act 1994 Gazettal of the Place Name Decision Notice (No 14) 2013, pursuant to which, under s11, notice is given that the Minister for Natural Resources and Mines has decided to alter the boundaries of the following suburbs, both of which are within the local government area of the Brisbane City Council: Gumdale; and, Tingalpa. 2. Public Service Act 2008 Notification, pursuant to s53, that Commission Chief Executive Directive No. 6/10 entitled Access to employee records disclosing third party personal information has been repealed. 3. Corrective Services Act 2006 Notification by the Commissioner, Queensland Corrective Services that, pursuant to s319t(2)(1)(b), a Victim Trust Fund has been established in the name of Kyle Peter Wiggins AKA Ashley Crawford, Kyle Peter Wiggens, Medium Peter Wiggins as a result of a payment to him pursuant to the Personal Injuries Proceedings Act 2002 and that victims of that person may have a claim against the Victim Trust Fund potential claimants have six months from 26 June 2013 to start a proceeding in a court for an eligible victim claim against that person. Notification by the Commissioner, Queensland Corrective Services that, pursuant to s319t(2)(1)(b), a Victim Trust Fund has been established in the name of Simone Cianna Harris AKA Simone Cianna Darragh as a result of a payment to her pursuant to the Personal Injuries Proceedings Act 2002 and that victims of that person may have a claim against the Victim Trust Fund potential claimants have six months from 27 June 2013 to start a proceeding in a court for an eligible victim claim against that person. 4. Information Privacy Act 2009 Gazettal of the Waiver of privacy principle obligations in the public interest No. 4 (2013), made under s157, on behalf of the Department of Communities, Child Safety and Disability Services ( the Department of Communities ), in respect of the obligations in Information Privacy Principle 11 in Schedule 3 of the Information Privacy Act 2009 only, which waiver extends to the one-time disclosure of personal information relevant to the administration of the Duke of Edinburgh s Award ( the Award ) made by the Department of Communities to the Department of Education, Training and Employment ( DETE ) and which remains in place until all personal information required for administering the Award has been disclosed by the Department of Communities to DETE as part of the transition of responsibility.
29 June 5 July 2013 page 6 5. Parliament of Queensland Act 2001 Gazettal of the Parliamentary Members Salary Notice (No. 1) 2013 which, pursuant to s109, declares that on and from 1 July 2013, the annual base rate of salary payable to a Member of the Queensland Legislative Assembly is $194,630. Gazettal of the Members Entitlements Handbook Amendment Notice (No. 1) 2013 which provides that ss2.3 and 5.3 of the Members Entitlements Handbook ( the Handbook ) shall be amended to reflect changes to the management of accumulated frequent flyer points pursuant to the Handbook. Gazettal of the Members Entitlements Handbook Amendment Notice (No. 2) 2013 which provides that s1.3 of the Members Entitlements Handbook ( the Handbook ) shall be amended to provide for the variation of the timing and amount of certain allowances at the direction of the Premier where a review of Members allowances and entitlements is referred by the Premier to the Committee of the Legislative Assembly, so long as such review, report and variations to the Handbook do not exceed three months. 6. Police Service Administration Act 1990 Gazettal of notices, pursuant to s10.10, declaring the cessation of the following places as a police establishment, as from and including 1st July 2013: Far Northern Regional Office, Level 1, 17-19 Sheridan Street, Cairns 4870; and, North Coast Regional Office, 61 The Esplanade, Maroochydore 4558. 7. Property Law Act 1974 Gazettal of the Property Law (Bona Vacantia) Waiver Notice (No. 1) 2013 notifying that right of the Crown as bona vacantia to the property of Mary Watkins, who died intestate on 20 April 2010, is waived in favour of the persons and in the shares outlined below: 20% to Audrey Galt of Meadow View, Taunton Brook Lane, Ashton Under Lyne, United Kingdom, a grandchild of Ms Watkins uncle, John Robert Willars; 20% to Anthony Willars of 5 Illston Gardens, Barrow upon Soar, Loughborough, Leicestershire, United Kingdom, a grandchild of Ms Watkins uncle, Joseph Charles Willars; 20% to Diane Kay Roadley of 38 Montsoreau Way, Mount Sorrel, Loughborough, Leicestershire, United Kingdom, a grandchild of Ms Watkins uncle, Joseph Charles Willars; 20% to Jeffrey Clinton Willars of 37a Bath Street, Syston, Leicester, Leicestershire, United Kingdom, a grandchild of Ms Watkins uncle, Joseph Charles Willars; and, 20% to Jane Eileen Lewin of 119 North Street, Barrow upon Soar, Leicestershire, United Kingdom, a grandchild of Ms Watkins uncle, Joseph Charles Willars. [The Gazette notice continues on to state that (i)f at any time not later than 2 months after the making of this instrument, any person claiming any estate or interest in or to the property requests that a writ of inquisition in respect of the State s title be issued, and gives security to the satisfaction of a Crown law officer for the costs of the issue and execution of such writ, such writ may issue under schedule 1 to the Property Law Act and this instrument shall cease to have effect from the date when it was made.] 8. Queensland Heritage Act 1992 Gazettal of the public notice given, under s54, by the Department of Environment and Heritage that, on 21 June 2013, the Queensland Heritage Council removed part of the following State Heritage Place from the Queensland Heritage Register, namely, HRN 602573 Baptist Church and Memorial gate (former), 188 Brisbane Street, Ipswich.
29 June 5 July 2013 page 7 9. State Development and Public Works Organisation Act 1971 Notification that, on 4 July 2013 under ss79 and 80, the Governor in Council approved a variation of the Development Scheme for the Townsville State Development Area. 10. Transport Operations (Marine Safety) Act 1994/ Transport Operations (Marine Safety) Regulation 2004 Notification of the conditional exemption given by the General Manager, Maritime Safety Queensland, pursuant to s18a of the Transport Operations (Marine Safety) Act 1994, to specified competitors in the Brisbane Coast Thundercats race event on 20 21 July 2013 from the provisions of the Transport Operations (Marine Safety) Regulation 2004 that require a person to hold an appropriate licence to operate a recreational ship as its master, pursuant to s95(1), and that require the master of a ship to not allow its operation by an unlicensed person, pursuant to s87(1). 11. Workers Compensation and Rehabilitation Act 2003 Gazettal of notifications applying to injuries occurring on or after the following dates, pursuant to s205, whereby the amounts shown in Column 2 of the relevant Schedule in the notification shall be the amounts for the sections opposite in Column 1 of that Schedule from 1 July 2013: 1 January 2008; 2 November 2005; 1 January 2005; and, 1 July 2003. Gazettal of the notification applying to employers who have an obligation under s226 of the Act, namely: For s99c(1)(a) of the Workers Compensation and Rehabilitation Regulation 2003 ( the Regulation ), from 1 July 2013 the amount of wages for the preceding financial year is more than $2.210 million; For s99c(1)(b) of the Regulation, from 1 July 2013 the amount of wages for the preceding financial year is more than $7.259 million. Gazettal of the notification applying to employers who have an obligation under s227 of the Act, namely: For s99d(1)(a) of the Regulation, from 1 July 2013 the amount of wages for the preceding financial year is more than $2.210 million; For s99d(1)(b) of the Regulation, from 1 July 2013 the amount of wages for the preceding financial year is more than $7.259 million. Miscellaneous 1. Parliamentary Sittings As indicated on the Parliamentary website, the Queensland Parliament is scheduled to sit next for the consideration of legislation from Tuesday, 6 August, through to Thursday, 8 August 2013. (Parliamentary Estimates Committee hearings will be conducted from 16 to 19 July and from 23 to 25 July but Parliament will not sit to debate legislation on these days.) The complete proposed sitting dates for the remainder of 2013 are available on the Parliamentary website.