Issue 42/2013 23 October 2013 Period covered by this update: 12 18 October 2013 Primary Legislation (Acts of Parliament)...3 Government Bills Introduced... 3 A. The following Bills were introduced into the Legislative Assembly on 15 October 2013:... 3 1. Liquor (Red Tape Reduction) and Other Legislation Amendment Bill 2013... 3 2. Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2013... 3 3. Vicious Lawless Association Disestablishment Bill 2013... 4 4. Tattoo Parlours Bill 2013... 5 5. Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013... 6 B. The following Bill was introduced into the Legislative Assembly on 16 October 2013:... 8 1. Criminal Law Amendment (Public Interest Declarations) Amendment Bill 2013... 8 C. The following Bills were introduced into the Legislative Assembly on 17 October 2013:... 8 1. North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013... 8 2. Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Bill 2013... 9 Private Members Bills Introduced...10 A. The following Bill was introduced into the Legislative Assembly on 15 October 2013:... 10 1. Child Protection (Offender Reporting) Amendment Bill 2013... 10 Government Bills Passed...10 A. The following Bills were passed by the Legislative Assembly on 15 October 2013:...11 1. Family Responsibilities Commission Amendment Bill 2013...11 2. Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013...11 3. Tattoo Parlours Bill 2013...11 4. Vicious Lawless Association Disestablishment Bill 2013... 12 B. The following Bills were passed by the Legislative Assembly on 16 October 2013:... 12 1. Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Bill 2013... 12 2. Nature Conservation (Protected Plants) and Other Legislation Amendment Bill 2013... 12 3. Directors Liability Reform Amendment Bill 2012... 12 C. The following Bills were passed by the Legislative Assembly on 17 October 2013:... 13 1. Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2013... 13 2. Criminal Law Amendment (Public Interest Declarations) Amendment Bill 2013... 13 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.
12 18 October 2013 page 2 Bills Assented to...13 A. The Bills for the following Acts were assented to on 17 October 2013:... 13 1. Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 Act No. 45 of 2013... 13 2. Tattoo Parlours Act 2013 Act No. 46 of 2013... 13 3. Vicious Lawless Association Disestablishment Act 2013 Act No. 47 of 2013... 13 Subordinate Legislation (Regulations, Rules, etc.)... 14 A. Subordinate legislation notified on the Queensland Legislation website on 18 October 2013... 14 1. SL No. 200 of 2013: Lotteries Amendment Regulation (No. 1) 2013... 14 2. SL No. 201 of 2013: Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1) 2013... 14 3. SL No. 202 of 2013: Animal Management (Cats and Dogs) Amendment Regulation (No. 1) 2013... 14 4. SL No. 203 of 2013: Nature Conservation Legislation Amendment Regulation (No. 3) 2013... 14 5. SL No. 204 of 2013: Environment and Heritage Protection Legislation Amendment Regulation (No. 1) 2013... 15 6. SL No. 205 of 2013: Building Amendment Regulation (No. 1) 2013... 15 Local Laws...15 A. Queensland Government Gazette of 18 October 2013... 15 1. Local Government Act 2009... 15 Approved Forms/Guidelines...16 A. Queensland Government Gazette of 18 October 2013... 16 1. Residential Tenancies and Rooming Accommodation Act 2008... 16 2. Workers Compensation and Rehabilitation Act 2003... 16 Other Statutory Instruments/Statutory Notices...16 A. Extraordinary edition of the Queensland Government Gazette of 11 October 2013... 16 1. Electrical Safety Act 2002/Electrical Safety Regulation 2002... 16 B. Extraordinary edition of the Queensland Government Gazette of 17 October 2013... 16 1. Sustainable Planning Act 2009... 16 C. Queensland Government Gazette of 18 October 2013... 16 1. Sustainable Planning Act 2009... 16 2. Economic Development Act 2012... 17 3. Queensland Heritage Act 1992... 17 Miscellaneous... 17 1. Parliamentary Sittings... 17
12 18 October 2013 page 3 Primary Legislation (Acts of Parliament) Parliamentary sitting days: 15 17 October 2013 Government Bills Introduced A. The following Bills were introduced into the Legislative Assembly on 15 October 2013: 1. Liquor (Red Tape Reduction) and Other Legislation Amendment Bill 2013 The objectives of this Bill, as listed in its Explanatory Notes, are to: make further reductions to the regulatory burden on the liquor and gaming industries by amending the Liquor Act 1992 and the Gaming Machine Act 1991, e.g., by extending term of adult entertainment permits from one to three years; make additional miscellaneous amendments to the liquor and gaming Acts, that is, those Acts referred to in the previous point together with the Casino Control Act 1992, to ensure clarity, effectiveness and that they continue to achieve their original policy intent, e.g., to clarify that exemptions do not extend to the sale of liquor to minors and in restricted areas; amend the Wagering Act 1998 to allow for the Minister to approve the extension of wagering licences; and, amend fair trading legislation, namely, the Roman Catholic Church (Incorporation of Church Entities) Act 1994, the Roman Catholic Church Lands Act 1985 and the Security Providers Act 1993, to reduce red tape, correct omissions and improve legislative clarity and integrity, e.g., to make it clear that unrecorded convictions do not result in automatic disqualification from holding a licence under the Security Providers Act 1993, but the chief executive must consider unrecorded convictions (along with the other circumstances of the case) in determining whether a person is an appropriate person to hold a licence. The Bill also makes minor and consequential amendments to the following Acts: Criminal Law (Rehabilitation of Offenders) Act 1986; and, Liquor Act 1992. 2. Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 In summary, as listed in its Explanatory Notes, this Bill, whose objectives are to implement the Queensland Government s response to the Queensland Parliament Finance and Administration Committee s report on its inquiry into the operation of Queensland s workers compensation scheme, and to make changes to the basis for assessment of impairment to align the assessment method between the statutory and common law provisions of the scheme, abolish the Workers Compensation Regulatory Authority (trading as Q-COMP) and amend provisions relating to damages in particular circumstances, amends the legislation listed below in order to: replace the Workers Compensation Regulatory Authority (trading as Q-COMP) with the Workers Compensation Regulator ( the Regulator ) which will operate in a similar manner to the regulator under the Work Health and Safety Act 2011; amend the requirements to appoint a rehabilitation and return to work coordinator; require insurers to mandatorily refer injured workers to an accredited return to work program; require a worker to provide an employer with a notification of previous injuries, if requested; allow for access to a prospective worker s claims history in particular circumstances;
12 18 October 2013 page 4 change the measure for determining statutory lump sum compensation from work related impairment to degree of permanent impairment; close the potential loophole caused by Foster & Anor v Cameron [2011] QCA 48; introduce a more than 5% degree of permanent impairment threshold to access damages at common law; increase the onus of proof for compensable psychiatric or psychological injuries; provide that WorkCover refer all allegations of fraud-related offences to the Regulator for investigation and if necessary prosecution; and increase penalties for persons who defraud or attempt to defraud insurers. To effect these measures, this Bill amends the following Acts and Regulation: Workers Compensation and Rehabilitation Act 2003; Workers Compensation and Rehabilitation Regulation 2003; Civil Liability Act 2003; Motor Accident Insurance Act 1994; and, Personal Injuries Proceedings Act 2002. The Bill also makes minor and consequential amendments to the following Acts and Regulation: Industrial Relations Act 1999; Integrity Act 2009; Public Service Act 2008; Right to Information Act 2009; Workers Compensation and Rehabilitation Act 2003; Workers Compensation and Rehabilitation Regulation 2003; and, Work Health and Safety Act 2011. This Bill was passed by the Legislative Assembly on 17 October 2013. For details about its passage through the Legislative Assembly, see below under the heading, Government Bills Passed. 3. Vicious Lawless Association Disestablishment Bill 2013 In general terms, the primary objective of this Bill, as described in its Explanatory Notes, is to: disestablish associations that encourage, foster or support persons who commit serious offences; increase public safety and security by the disestablishment of the associations; and, deny to persons who commit serious offences the assistance and support gained from association with other persons who participate in the affairs of the associations. This Bill achieves these objectives, again in the terms used in its Explanatory Notes, by creating a legislative scheme whereby members of criminal associations who commit serious criminal activity for the purposes of, or in the course of participating in the affairs of, the relevant association, are subject to significant terms of imprisonment, which penalty is to be imposed by the court without reduction or mitigation, unless the offender cooperates with law enforcement. This Bill was passed by the Legislative Assembly on 15 October 2013, the same date on which it was introduced, and was assented to by Her Excellency the Governor on 17 October 2013. For details about its passing and the commencement of its provisions, see the headings below, Government Bills Passed and Bills Assented to, respectively, for the relevant dates.
12 18 October 2013 page 5 4. Tattoo Parlours Bill 2013 The principal policy objective of this Bill, as described in its Explanatory Notes, is to introduce a new occupational licensing and regulatory framework which eliminates and prevents infiltration of the Queensland tattoo industry by criminal organisations, including criminal motor cycle gangs and their associates (which regime will be administered by the Department of Justice and Attorney-General, with a critical role to be played by the Queensland Police Service in assessing the suitability of licence applicants and licensees to hold a licence). Under this licensing and regulatory framework, a person will not be eligible to apply for a licence if the person is: under the age of 18 years; or, not an Australian citizen or resident; or, a controlled person within the meaning of the Criminal Organisation Act 2009. In order to be eligible for a licence, applicants will be required to satisfy strict identification requirements, including a requirement to provide the person s finger and palm prints. In addition, applications for a licence will be subject to inquiries and investigation by the chief executive of the Department of Justice and Attorney- General and the Commissioner of Police. In particular, the Commissioner of Police will have a determinative role in assessing whether an applicant is a fit and proper person to hold a licence and/or whether it would be contrary to the public interest for a licence to be granted. The Bill includes compliance and enforcement provisions to allow authorised officers to detect, and take appropriate action in response to, contraventions of the body art tattoo licensing regime. The Bill also includes consequential amendments to the Police Powers and Responsibilities Act 2000 to support the achievement of the policy objectives. In particular, the Bill: defines clothing, jewellery and other accessories with symbols and insignias or other items that relate to criminal organisations as prohibited items; makes it an offence for a liquor licensee, permittee, approved manager or employee to allow a person wearing or carrying a prohibited item from entering or remaining on licensed premises; and, makes it an offence for a person to enter liquor licensed premises wearing or carrying prohibited items. A further policy objective of the Bill is to amend the Liquor Act 1992 to prohibit patrons from wearing or displaying material associated with criminal motor cycle gangs (commonly known as bikie club colours ) while in liquor licensed premises. This Bill was passed by the Legislative Assembly on 15 October 2013, the same date on which it was introduced, and was assented to by Her Excellency the Governor on 17 October 2013. For details about its passing and the commencement of its provisions, see the headings below, Government Bills Passed and Bills Assented to, respectively, for the relevant dates.
12 18 October 2013 page 6 5. Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 The objectives of this Bill, as listed in its Explanatory Notes, are, firstly, to amend the Criminal Code in order to: create a new offence (s60a) for participants in criminal organisations who knowingly gather together in a group of three or more persons, carrying a maximum penalty of three years imprisonment and a mandatory minimum penalty of six months imprisonment served wholly in a corrective services facility; create a new offence (s60b) for a participant in a criminal organisation to enter or attempt to enter a prescribed place, or attend or attempt to attend a prescribed event, carrying a maximum penalty of three years imprisonment and a mandatory minimum penalty of six months imprisonment served wholly in a corrective services facility; create a new offence (s60c) for a participant in a criminal organisation to recruit another person to that organisation, carrying a maximum penalty of three years imprisonment and a mandatory minimum penalty of six months imprisonment served wholly in a corrective services facility; amend s72 (Affray) to create a circumstance of aggravation where the offender is a participant in a criminal organisation, with the circumstance carrying a maximum penalty of seven years imprisonment, and a mandatory minimum penalty of six months imprisonment served wholly in a corrective services facility; amend s92a (Misconduct in relation to public office) to insert a new circumstance of aggravation namely that the person who gained a benefit, directly or indirectly, was a participant in a criminal organisation, with the circumstance carrying a maximum penalty of 14 years imprisonment; amend s320 (Grievous bodily harm) to provide that, where an offender who is a participant in a criminal organisation harms a police officer acting in execution of his or her duty, the mandatory minimum penalty is one year imprisonment served wholly in a corrective services facility; amend s340 (Serious assault) to provide that, where an offender who is a participant in a criminal organisation assaults a police officer acting in the execution of his or her duty in circumstances attracting the maximum penalty of 14 years imprisonment, the mandatory minimum penalty is one year imprisonment served wholly in a corrective services facility; and, amend sub-section (1) of s408d (Obtaining or dealing with identification information) to insert a new circumstance of aggravation, namely, that the offender supplied the information to a participant in a criminal organisation, with the circumstance carrying a maximum penalty of seven years imprisonment. The Bill also seeks to amend the Penalties and Sentences Act 1992 to provide that, for certain offences committed by an offender who is a participant in a criminal organisation, the court must disqualify the offender from holding or obtaining a driver licence absolutely, or for a period, not less than three months, regardless of whether the offence was committed in connection with or arose out of the driving of a motor vehicle. Next, the Bill amends the Bail Act 1980 to provide that, where the court or police officer is satisfied that a defendant, who is charged with any offence, is a participant in a criminal organisation, then: a mandatory condition of bail is that the defendant must surrender his or her passport or passports and must be detained until the condition is complied with; and, the defendant will be in a show cause situation, that is, the court or police officer shall refuse to grant bail unless the defendant shows cause why the defendant s detention in custody is not justified; In addition, the Bill amends the Crime and Misconduct Act 2001 to: enable the Crime and Misconduct Commission ( the CMC ) to hold hearings in support of its intelligence function about criminal organisations or participants in a criminal organisation; create an immediate response function for the CMC to undertake a crime investigation/hearing (not just those related to major crime) or to conduct an intelligence hearing into an incident that has threatened or may threaten public safety;
12 18 October 2013 page 7 expand the exceptions to the use immunity in s197 to allow the use of information from any CMC investigation or hearing to be used in confiscation proceedings; clarify that a reasonable excuse does not include the person s fear (whether genuinely held or not) of retribution to the person (or someone else) or to property of the person (or to someone else s property), where that person is a participant in a criminal organisation and the crime investigation or intelligence hearing is about a criminal organisation or participant in a criminal organisation; impose mandatory imprisonment, when the contempt involves a refusal to take an oath, answer a question or produce a stated document or thing at any CMC hearing for the punishment of contempt comprising: a term to be decided by the court for the first contempt; two and one half years for the second contempt; and, five years for the third and any subsequent contempt; authorise the CMC to request a police officer to detain a witness in contempt of the presiding officer pending the issue of a warrant of apprehension and the bringing of the person to court to deal with the contempt; allow a Magistrate to issue an arrest warrant under s167; ensure the CMC is not obliged to disclose any intelligence information to a defendant for the purposes of a criminal prosecution under s201; and, clarify that legal assistance for crime investigations that are approved under s205 does not apply to crime investigations authorised under the immediate response function. As well, the Bill amends the Police Powers and Responsibilities Act 2000 to: provide additional police powers to search without a warrant a person reasonably suspected of being a participant in a criminal organisation and/or a vehicle in that person s possession or use; require a person who is reasonably suspected of being a participant in a criminal organisation or a person found at a prescribed place or event to state their name and address to police; expand the vehicle impoundment regime to incorporate the new Criminal Code offences of ss60a, 60B and 60C and the Criminal Code offence of affray with the new circumstance of aggravation to be inserted by the Bill, enabling a vehicle used in the commission of these offences to be impounded, and forfeited to the State upon conviction; and, increase the mandatory minimum penalty for the offence in s754 (Offence for driver of motor vehicle to fail to stop motor vehicle) to 50 penalty units or 50 days imprisonment to be served wholly in a correctional services facility, or, for an offender who is a participant in a criminal organisation, 100 penalty units or 100 days imprisonment to be served wholly in a correctional services facility. Finally, as far as the matters covered in its Explanatory Notes are concerned, this Bill: enacts the Criminal Code (Criminal Organisations) Regulation 2013 to declare, for the purposes of certain amendments in the Bill, prescribed criminal organisations and prescribed places; and, amends the Crime and Misconduct Regulation 2005 to declare, for the purposes of certain amendments in the Bill, prescribed criminal organisations. In addition, this Bill makes consequential amendments to the Tow Truck Act 1973 which are not referred to in its Explanatory Notes. This Bill was passed by the Legislative Assembly on 15 October 2013, the same date on which it was introduced, and was assented to by Her Excellency the Governor on 17 October 2013. For details about its passing and the commencement of its provisions, see the headings below, Government Bills Passed and Bills Assented to, respectively, for the relevant dates.
12 18 October 2013 page 8 B. The following Bill was introduced into the Legislative Assembly on 16 October 2013: 1. Criminal Law Amendment (Public Interest Declarations) Amendment Bill 2013 This Bill amends the Criminal Law Amendment Act 1945 ( the CLA Act ) to empower the Governor in Council to declare that a relevant person must be detained under the new Part 4 of the CLA Act, if satisfied it is in the public interest to make the declaration (a public interest declaration ). The term, relevant person, is defined as a person who is subject to one of the following orders made under the Dangerous Prisoners (Sexual Offenders) Act 2003 ( the DPSO Act ): a continuing detention order; or, a supervision order (where immediately before the supervision order the person was subject to a continuing detention order). Features of the proposed Bill listed in its Explanatory Notes include the following measures: The effect of the public interest declaration is that the DPSO Act ceases to apply to the relevant person and the person must be detained in an institution, which term is defined to include a corrective services facility. The relevant person is subject to an annual review by two psychiatrists who will report on the level of risk that the person will commit an offence of a sexual nature if released from detention. If satisfied that detaining the relevant person under the new Part 4 of the CLA Act is no longer in the public interest, the Governor in Council may declare that new Part 4 of the CLA Act no longer applies to that person. If the public interest declaration no longer applies, or stops applying, to a relevant person, the DPSO Act will again apply to the relevant person and the existing order under the DPSO Act will revive. This Bill was passed by the Legislative Assembly on 17 October 2013. For details about its passing, see under the heading below, Government Bills Passed. C. The following Bills were introduced into the Legislative Assembly on 17 October 2013: 1. North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013 As described in its Explanatory Notes, the objectives of this Bill, firstly, are to: enable Sibelco Australia Limited (which purchased Consolidated Rutile Limited in 2009 and which was called Unimin at the time of purchase) to seek a renewal of mining leases in 2019 at the Enterprise mine until 2035, thereby providing a realistic timeframe in which North Stradbroke Island can transition to other industries such as nature-based recreation, tourism and education; remove the restricted mine path and non-winning condition over part of the Enterprise mine and consequently replace the environmental authority, thereby reducing the harm done to Queensland s reputation in relation to sovereign risk and leaving environmental matters to the Environmental Protection Act 1994; and, provide for an opportunity to renew mining leases associated with Yarraman mine and Enterprise mine, until 2020 and 2040 respectively, with a non-winning condition for the last five years, thereby providing the necessary mechanism to allow for rehabilitation of the mine sites. The Bill also seeks to amend the Vegetation Management Framework Amendment Act 2013 to remove the requirement for an applicant for vegetation clearing to provide a significant beneficial impact, for example, revegetation of a watercourse or erosion control, and to demonstrate how the applicant will minimise and mitigate the effects of the proposed clearing.
12 18 October 2013 page 9 2. Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Bill 2013 The Bill is described in its Explanatory Notes as responding to the recommendations of the Queensland Commission of Audit ( the QCoA ) and the Blueprint for better healthcare in Queensland, with particular reference to the following QCoA recommendations: That the Industrial Relations Act 1999 be updated to ensure it is modern, flexible and relevant to the public sector (Recommendation 130); That awards continue to provide the basis for public sector wages and conditions. (However, only matters not covered by legislation or public service directives should be included and that the number of awards that apply in the public sector should be significantly reduced - Recommendation 131); and, That certified agreements contain only wages and conditions for specific groups of employees which are outside award conditions and which are linked to improvements in productivity and performance and all certified agreements are to be approved by the Public Service Commission (Recommendation 132). The Bill s Explanatory Notes continue on to state that it provides an industrial relations framework in Queensland comprising of: comprehensive legislated core employment standards (Queensland Employment Standards) based upon existing Industrial Relations Act 1999 minimum conditions and the National Employment Standards contained in the Fair Work Act 2009; an award modernisation process to make awards that provide a fair, minimum safety net of enforceable terms and conditions for the employment relationship between the employee and the employer; certified agreements which only contain wages and matters linked directly to the employment relationship and improvements in productivity and performance; streamlined arrangements for bargaining and taking protected industrial action, which arrangements include measures to reduce protracted disputation and disruption to service delivery, together with the introduction of specified timeframes in which assisted conciliation and arbitration is to occur; and, individual employment contracts for high income senior employees drawing on similar provisions in the Fair Work Act 2009. The objectives of the Bill also include the following: Changes to the Industrial Court of Queensland, proposing that the vacant position of president of the Court be filled by an existing Supreme Court judge appointed on a part-time basis; Fixed term appointments in the Queensland Industrial Relations Commission, rather than, as at present, having appointments only by tenure to the age of 70; Applications for trading hours orders to be heard by a single commissioner; Deduction of industrial organisation subscription fees from wages; Clarification of the powers of an inspector under the Act to make clear that an inspector can enter premises, interview persons and request and inspect records in relation to an investigation of suspected breaches of the Act or to otherwise ensure compliance with the Act; Extinguishing obsolete certified agreements; and, Relocation of provisions governing the operation, composition, size and tenure of the Board of Trustees of the State Public Sector Superannuation Scheme to a Regulation made under the Superannuation (State Public Sector) Act 1990.
12 18 October 2013 page 10 The above initiatives are effected by amendments to the following Acts and Regulation: Industrial Relations Act 1999; Health and Hospital Boards Act 2011; Trading (Allowable Hours) Act 1990; Superannuation (State Public Sector) Act 1990; and, Superannuation (State Public Sector) Regulation 2006. The Bill also amends the Hospitals and Health Boards Act 2011 to complement the changes in the state s industrial relations framework. Finally, the Bill makes minor and consequential amendments to the following Acts: Industrial Relations Act 1999; Integrity Act 2009; and, Public Service Act 2008. Private Members Bills Introduced A. The following Bill was introduced into the Legislative Assembly on 15 October 2013: 1. Child Protection (Offender Reporting) Amendment Bill 2013 According to its Explanatory Notes, the policy objective of this Bill, which was introduced by Mr CJ Judge MP, the UAP Member for Yeerongpilly, is to confirm and strengthen police powers to conduct random audits to ensure compliance with reporting obligations under the provisions of the Child Protection (Offender Reporting) Act 2004 and thereby increase reportable offenders certainty of apprehension for any non-compliance. To effect this objective, the Bill amends the Child Protection (Offender Reporting) Act 2004 to insert two new provisions under Part 6 (Other matters), namely: s74c (Police functions include ensuring compliance with reporting requirement); and, s74d (Power to enter and search premises without consent or warrant to ensure compliance). Government Bills Passed (Note: As shown under the heading below, Bills Assented to, three of the Bills passed during this Parliamentary sitting week were assented to on 17 October 2013 and they are listed under that heading. None of the remaining six Bills which were also passed during this week had been assented to as at 5pm on Friday, 18 October 2013, according to the Parliamentary website. Those six Bills are: Family Responsibilities Commission Amendment Bill 2013; Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Bill 2013; Nature Conservation (Protected Plants) and Other Legislation Amendment Bill 2013; Directors Liability Reform Amendment Bill 2012; Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2013; and, Criminal Law Amendment (Public Interest Declarations) Amendment Bill 2013.)
12 18 October 2013 page 11 A. The following Bills were passed by the Legislative Assembly on 15 October 2013: 1. Family Responsibilities Commission Amendment Bill 2013 This Bill was originally introduced into the Legislative Assembly on 6 August 2013. A synopsis of the contents of the Bill as introduced was contained in Legislation Update No. 32 of 2013, dated 14 August 2013, at page 5. During its passage through the Legislative Assembly, the following new clauses were inserted, firstly, after s2: cl. 2A [Amendment of s 50A (Constitution of commission for particular conference)]; cl. 2B [Amendment of s 53A (Reconstituting of commission for particular conferences)]; cl. 2C [Amendment of s 64 (Adjournment of conference)]; cl. 2D [Amendment of s 68 (Decision to enter into agreement)]; and, cl. 2E [Amendment of s 69 (Other decisions)]. In addition, after cl. 5, a new cl. 6 [Insertion of new s 158 (Transitional provision for Family Responsibilities Commission Amendment Act 2013)] was inserted. 2. Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 This Bill was originally introduced into the Legislative Assembly on 15 October 2013, the same day on which it was passed. For a synopsis of the contents of the Bill as introduced, see above under the heading, Government Bills Introduced, for that date. During its passage through the Legislative Assembly, the following clauses of the Bill were amended: cl. 4 [Amendment of s 16 (Refusal of bail)]; cl. 39 [Amendment of sch 2 (Dictionary)]; cl. 42 (Insertion of new ss 60A 60C); cl. 43 [Amendment of s 72 (Affray)]; cl. 44 [Amendment of s 92A (Misconduct in relation to public office)]; cl. 45 [Amendment of s 320 (Grievous bodily harm)]; cl. 46 [Amendment of s 340 (Serious assaults)]; and, cl. 47 [Amendment of s 408D (Obtaining or dealing with identification information)]. This Bill was assented on 17 October 2013. For details about the commencement of its provisions, see below under the heading, Bills Assented to. 3. Tattoo Parlours Bill 2013 This Bill was originally introduced into the Legislative Assembly on 15 October 2013, the same day on which it was passed. For a synopsis of the contents of the Bill as introduced, see above under the heading, Government Bills Introduced, for that date. This Bill was not amended during its passage through the Legislative Assembly. This Bill was assented on 17 October 2013. For details about the commencement of its provisions, see below under the heading, Bills Assented to.
12 18 October 2013 page 12 4. Vicious Lawless Association Disestablishment Bill 2013 This Bill was originally introduced into the Legislative Assembly on 15 October 2013, the same day on which it was passed. For a synopsis of the contents of the Bill as introduced, see above under the heading, Government Bills Introduced, for that date. During its passage through the Legislative Assembly, the following clauses were amended: cl. 5 (Meaning of vicious lawless associate); and, cl. 6 (Proof person is an office bearer of an association). This Bill was assented on 17 October 2013. For details about the commencement of its provisions, see below under the heading, Bills Assented to. B. The following Bills were passed by the Legislative Assembly on 16 October 2013: 1. Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Bill 2013 This Bill was originally introduced into the Legislative Assembly on 6 August 2013. A synopsis of the contents of the Bill as introduced was contained in Legislation Update No. 32 of 2013, dated 14 August 2013, at page 4. This Bill was not amended during its passage through the Legislative Assembly. 2. Nature Conservation (Protected Plants) and Other Legislation Amendment Bill 2013 This Bill was originally introduced into the Legislative Assembly on 21 May 2013. A synopsis of the contents of the Bill as introduced was contained in Legislation Update No. 21 of 2013, dated 29 May 2013, at page 4. This Bill was not amended during its passage through the Legislative Assembly. 3. Directors Liability Reform Amendment Bill 2012 This Bill was originally introduced into the Legislative Assembly on 28 November 2012. A synopsis of the contents of the Bill as introduced was contained in Legislation Update No. 38 of 2012, dated 5 December 2012, at page 8. During its passage through the Legislative Assembly, 363 amendments were made to this Bill, which amendments are too numerous to list here. However, it might be noted that during this debate the following new parts to the Bill were inserted which amended the specified Acts: Part 9A (Amendment of Community Services Act 2007); Part 9B [Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005]; Part 9C (Amendment of Cooperatives Act 1997); Part 13A (Amendment of Education and Care Services Act 2013); Part 17A (Amendment of Family Services Act 1987); Part 20A (Amendment of Foreign Ownership of Land Register Act 1988); Part 73A [Amendment of Transport Security (Counter-Terrorism) Act 2008]; and, Part 81A (Amendment of Crime and Misconduct Act 2001).
12 18 October 2013 page 13 C. The following Bills were passed by the Legislative Assembly on 17 October 2013: 1. Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2013 This Bill was originally introduced into the Legislative Assembly on 15 October 2013. For a synopsis of the contents of the Bill as introduced, see above under the heading, Government Bills Introduced, for that date. During its passage through the Legislative Assembly, the following provisions of the Bill were amended: cl. 29 [Amendment of ch 5, pt 12, div 1 hdg (Costs applying to worker with WRI of 20% or more, worker with latent onset injury that is a terminal condition, or dependant)]; cl. 98 (Insertion of new ch 14, pt 1, div 1 and ch 14, pt 1, div 2 hdg); and, Schedule 2 (Minor and consequential amendments relating to chapter 3). In addition, a new clause, namely, cl. 68A [Replacement of s 186 (Worker s disagreement with assessment of permanent impairment)], was inserted after cl.68. 2. Criminal Law Amendment (Public Interest Declarations) Amendment Bill 2013 This Bill was originally introduced into the Legislative Assembly on 16 October 2013. For a synopsis of the contents of the Bill as introduced, see above under the heading, Government Bills Introduced, for that date. This Bill was not amended during its passage through the Legislative Assembly. Bills Assented to A. The Bills for the following Acts were assented to on 17 October 2013: Note: The three Bills listed below as having been assented to on this date were all introduced into, and passed by, the Legislative Assembly on 15 October 2013. For details about their introduction and passing, see above under the headings, Government Bills Introduced and Government Bills Passed, respectively. 1. Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 Act No. 45 of 2013 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. Tattoo Parlours Act 2013 Act No. 46 of 2013 Pursuant to s2 (Commencement), the provisions of this Act, other than Part 9 (Amendment of Liquor Act 1992), commence on a date to be fixed by Proclamation. Part 9 commenced on the date of assent, pursuant to s15a (Commencement of Acts on date of assent) of the Acts Interpretation Act 1954. 3. Vicious Lawless Association Disestablishment Act 2013 Act No. 47 of 2013 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.
12 18 October 2013 page 14 Subordinate Legislation (Regulations, Rules, etc.) A. Subordinate legislation notified on the Queensland Legislation website on 18 October 2013 1. SL No. 200 of 2013: Lotteries Amendment Regulation (No. 1) 2013 The policy objective of this Regulation is to amend the Lotteries Regulation 2007 in order to provide for the national Monday and Wednesday Gold Lotto Bloc which is a body comprising each of the Australian lottery operators that wish to participate in national lotteries, such as Saturday Gold Lotto. This is effected by amending the following provisions of the Lotteries Regulation 2007: s4 (Meaning of lottery random number generator) to refer to a Monday and Wednesday gold lotto ball drawing device ; and, Schedule 4 (Dictionary) to provide that the definition of the expression, declared lottery, refers to Monday and Wednesday gold lotto. 2. SL No. 201 of 2013: Police Powers and Responsibilities and Another Regulation Amendment Regulation (No. 1) 2013 Firstly, this Regulation amends the Police Powers and Responsibilities Regulation 2012 to prescribe information that must be stated in impounding and immobilising notices so that the affected drivers and owners are informed of their obligations and liabilities in relation to the impounded or immobilised vehicles. The Regulation also amends s30 (Position, visibility and legibility of number plate) of the Transport Operations (Road Use Management Vehicle Registration) Regulation 2010 to provide that, while a vehicle s number plates are confiscated under s74h of the Police Powers and Responsibilities Regulation 2012, its registered operator does not contravene the provisions of the Transport Operations (Road Use Management Vehicle Registration) Regulation 2010. Pursuant to s2 (Commencement), this Regulation commences on 1 November 2013. 3. SL No. 202 of 2013: Animal Management (Cats and Dogs) Amendment Regulation (No. 1) 2013 The objective of this Regulation is to make a consequential amendment to the definition of the expression, relevant address, in Schedule 4 (Information that is PID information) of the Animal Management (Cats and Dogs) Regulation 2009 as a result of amendments made to the Animal Management (Cats and Dogs) Act 2008 by the Agriculture and Forestry Legislation Amendment Act 2013 which repealed the cat registration scheme. 4. SL No. 203 of 2013: Nature Conservation Legislation Amendment Regulation (No. 3) 2013 The objective of this Regulation is to revoke parts of Tewantin National Park and part of Yurol Forest Reserve to enable the State Government to provide for construction of important road safety and alignment upgrades of the Bruce Highway Cooroy Connection Road (Elm Street) in order to accommodate increased traffic volumes, higher freight demands and population growth. In particular, this Regulation amends the following schedules: Schedule (Forest reserves) of the Nature Conservation (Forest Reserves) Regulation 2000; and, Schedule 2 (National parks) of the Nature Conservation (Protected Areas) Regulation 1994.
12 18 October 2013 page 15 5. SL No. 204 of 2013: Environment and Heritage Protection Legislation Amendment Regulation (No. 1) 2013 The objective of the regulation is to index fees imposed under Regulations administered by the Department of Environment and Heritage Protection for 2013-14 by applying an increase of 3.5%. The Regulation will also remove a number of now redundant fees following amendments to the Sustainable Planning Regulation 2009. The Regulations and another instrument covered by this increase are the following: Coastal Protection and Management Regulation 2003; Environmental Protection Regulation 2008; Nature Conservation (Administration) Regulation 2006; Nature Conservation (Estuarine Crocodile) Conservation Plan 2007; Nature Conservation (Wildlife Management) Regulation 2006; Queensland Heritage Regulation 2003; Sustainable Planning Regulation 2009; Waste Reduction and Recycling Regulation 2011; and, Wild Rivers Regulation 2007. 6. SL No. 205 of 2013: Building Amendment Regulation (No. 1) 2013 The objective of this Regulation is to enable local governments to designate flood hazard areas under an interim policy. In particular, this Regulation amends sub-section (2) of s13 (Land liable to flooding) of the Building Regulation 2006 to remove the reference to compliance with the SPP 1/03 and replace it with reference to compliance with the Interim policy for mitigating the adverse impacts of floods, thereby ensuring consistency of a designation for a natural hazard management area (flood) with specific elements of MP 3.5. Local Laws A. Queensland Government Gazette of 18 October 2013 1. Local Government Act 2009 Gazettal of the notice given by the Minister for Local Government, Community Recovery and Resilience, under s38ab, that the Torres Strait Island Regional Council Subordinate Local Law No. 7 (Indigenous Community Land Management) 2013 is revoked to the extent that it purports to restrict entry to a trust area by persons who are authorised to enter the trust area under part 6 of the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984.
12 18 October 2013 page 16 Approved Forms/Guidelines A. Queensland Government Gazette of 18 October 2013 Notification of the approval of, or the withdrawal of approval for, forms for use under the following Acts: 1. Residential Tenancies and Rooming Accommodation Act 2008 2. Workers Compensation and Rehabilitation Act 2003 Other Statutory Instruments/Statutory Notices A. Extraordinary edition of the Queensland Government Gazette of 11 October 2013 (Note: This extraordinary edition of the Gazette was not included in the consolidated weekly edition of the Gazette of 11 October 2013 but, as it appeared in the consolidated weekly edition of the Gazette of 18 October 2013, it is included in this edition of Legislation Update.) 1. Electrical Safety Act 2002/Electrical Safety Regulation 2002 Gazettal of the prohibition on the sale or installation by any person of the material described below, which prohibition was issued by the Director Equipment Safety & Licensing, Department of Justice and Attorney- General, pursuant to s126d of the Electrical Safety Regulation 2002, on reasonable belief that it does not comply with the safety criteria in AS/NZS 3820 (Essential safety requirements for electrical equipment), namely: All Infinity branded cable or cables imported, sold or distributed by Infinity Cable Co Pty Ltd, of all sizes, configurations and models of Polymeric Insulated Electrical Cable which is PVC Sheathed or PVC Insulated. B. Extraordinary edition of the Queensland Government Gazette of 17 October 2013 1. Sustainable Planning Act 2009 Gazettal of the notification issued by the Deputy Premier, Minister for State Development, Infrastructure and Planning, under s60, advising that the Draft Amendment to the South East Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions dated October 2013 has been prepared and inviting written submissions about the Draft Amendment with a deadline of midnight on 29 November 2013. C. Queensland Government Gazette of 18 October 2013 1. Sustainable Planning Act 2009 Gazettal of the notifications issued by the Deputy Premier and Minister for State Development, Infrastructure and Planning, pursuant to s64(1)(a), that the following Regional Plans were made on 14 October 2013 and that they took effect from 18 October 2013: Central Queensland Regional Plan; and, Darling Downs Regional Plan.
12 18 October 2013 page 17 2. Economic Development Act 2012 Gazettal of the declaration, under s125, made by the Minister for Economic Development Queensland that unallocated state land, namely, Lot 900 on SP252073 being formerly part of the development lease to the Authority dated 19 December 2011 granted over Lot 143 on SP249797 by the Department of Natural Resource and Mines is vested in the Minister for Economic Development Queensland to facilitate the provision of affordable housing in the Roma Priority Development Area. 3. Queensland Heritage Act 1992 Notification, under s71 (4), advising that an application has been submitted to the Queensland Heritage Council for the construction of a section of the North Brisbane Cycleway alongside the south-eastern boundary of Bowen Park (QHR 601523) and within a small part of the Brisbane Exhibition Grounds (QHR 601709) and inviting written submissions to be lodged with the Queensland Heritage Council with a deadline of 17 November 2013. Miscellaneous 1. Parliamentary Sittings As indicated on the Parliamentary website, the Queensland Parliament is scheduled to sit from Tuesday, 29 October, through to Thursday, 31 October 2013. (The complete proposed sitting dates for the remainder of 2013 are available on that website.)