Queensland Law Society

Justice and Other Legislation Amendment Act 2013

The Justice and Other Legislation Amendment Act 2013 was passed on 20 August 2013 and received royal assent on 29 August 2013. The Act makes amendments to a number of Acts. Members may be interested in the following Act changes which came into force on 29 August 2013. A rudimentary summary of the changes is found below:

Commencement – 29 August 2013

  • Aboriginal and Torres Strait Islander Land Holding Act 2013
  • Anti-Discrimination Act 1991:
    • expand the grounds on which the Anti- Discrimination Commissioner may reject or lapse a complaint,
  • Appeal Costs Fund Act 1973
  • Appeal Costs Fund Regulation 2010
  • Births, Deaths and Marriages Registration Act 2003
  • Child Employment Act 2006 and Child Employment Regulation 2006:
    • clarifying the circumstances where minors are prohibited from engaging in employment
  • Civil Proceedings Act 2011
  • Coroners Act 2003
  • Corrective Services Act 2006
  • Criminal Code Act 1899 to insert a note for clarification about the operation of s23(1)(b) relating to intention-motive.
  • Criminal Law (Rehabilitation of Offenders) Act 1986:
  • Dispute Resolution Centres Act 1990
  • District Court of Queensland Act 1967
  • Drugs Misuse Act 1986
  • Electronic Transactions (Queensland) Act 2001:
    • Clarifying when a contract, involving electronic communications, can be made and withdrawn
  • Evidence Act 1977
  • Guardianship and Administration Act 2000
  • Information Privacy Act 2009
  • Judges (Pensions and Long Leave) Act 1957
  • Judicial Remuneration Act 2007
  • Justices Act 1886
  • Justices of the Peace and Commissioners for Declarations Act 1991
  • Land Court Act 2000:
    • clarify the jurisdiction of the Court that an order of the Land Court may be enforced in the Supreme Court;
    • provide time limits (42 days) on applications for rehearing of a judicial registrar’s decision;
  • Legal Aid Queensland Act 1997
  • Legal Profession Act 2007 and Legal Profession Regulation 2007:
    • amended s706 to provide regulatory authorities with a discretion in reporting offences against Part 2.2 which were committed inadvertently by a person employed by a government entity (other than a State or Commonwealth department, the Commission or an agency prescribed under regulation);
    • including a definition of community legal service in the schedule
  • Penalties and Sentences Act 1992:
    • clarify the operation of the new 80% mandatory minimum non-parole scheme for drug traffickers
  • Personal Injuries Proceedings Act 2002
  • Recording of Evidence Act 1962
  • Right to Information Act 2009
  • Supreme Court of Queensland Act 1991 (excluding cl171)

 

Commencement – once a proclamation date is set

The following Acts have been amended but will come into force once the proclamation date has been made. A summary of the changes, as they appear in the Explanatory Notes, are found below:

  • Acts Interpretation Act 1954
  • Domestic and Family Violence Protection Act 2012 and Magistrates Courts Act 1921:
    • to provide authority to make stand-alone rules of court for domestic and family violence proceedings; and
    •  to provide that when a temporary protection order is made on an application to vary a domestic violence order, the existing domestic violence order is suspended until the variation application is finalised to ensure there is only one order in force and clarity as to the conditions the respondent must comply with.
  • Peaceful Assembly Act 1992
  • Queensland Civil and Administrative Tribunal Act 2009:
    • allow for the making of a decision by default, where the claims include a claim for unliquidated damages;
    • provide the tribunal with a discretion as to whether to provide written reasons for interlocutory or procedural decisions;
    • modify the appeal rights where a decision to set aside a decision by default is made;
    • clarify the time period for appealing against a decision of the tribunal or the appeal tribunal;
    • ensure that costs assessors and conciliators have the same protection and immunity as other tribunal participants;
  • Statutory Instruments Act 1992
  • Succession Act 1981:
    • To adopt the UNIDROIT Convention for international wills
    • The Convention aims to harmonise the preparation and witnessing requirements of international wills (wills that include dispositions of assets over two or more jurisdictions) across Convention countries
  • Supreme Court of Queensland Act 1991 cl171 Amendment of s 85 (Rule-making power)
  • Trusts Act 1973:
    • to update references to Corporations Act 2001 (Cth) provisions