Primary legislation (Acts of Parliament)...3. Bills assented to...3. Subordinate legislation (regulations and rules)...7. Local laws...

Transcription

1 Issue 36/ September 2014 Period covered by this Update: 30 August 5 September 2014 Primary legislation (Acts of Parliament)...3 Bills assented to...3 A. The Bills for the following Acts were assented to on 5 September 2014: Safe Night Out Legislation Amendment Act 2014 Act No.42 of Transport and Other Legislation Amendment Act 2014 Act No.43 of Local Government Legislation Amendment Act 2014 Act No.44 of Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Act No.45 of Subordinate legislation (regulations and rules)...7 A. Subordinate legislation notified on the Queensland Legislation website on 5 September SL No.200 of 2014: Economic Development Amendment Regulation (No.4) SL No.201 of 2014: Health Legislation Amendment Regulation (No.3) SL No.202 of 2014: Youth Justice Amendment Regulation (No.2) SL No.203 of 2014: Marine Parks and Other Legislation Amendment Regulation (No.1) SL No.204 of 2014: Motor Racing Events Amendment Regulation (No.2) Local laws...9 A. Queensland Government Gazette of 5 September Aurukun Shire Council... 9 Approved forms/guidelines...9 A. Queensland Government Gazette of 5 September Workers Compensation and Rehabilitation 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 30 August 5 September 2014 page 2 Other statutory instruments/statutory notices...9 A. Extraordinary edition of the Queensland Government Gazette of 1 September Workers Compensation and Rehabilitation Act B. Queensland Government Gazette of 5 September Casino Control Act Fire and Emergency Services Act Major Sports Facilities Act Statutory Bodies Financial Arrangement Act Transport Operations (Marine Safety) Act 1994/Transport Operations (Marine Safety) Regulation Miscellaneous Parliamentary sitting dates... 10

3 30 August 5 September 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 5 September 2014: (Note: The Bills for the four Acts assented to on this date were all passed by the Legislative Assembly during the parliamentary sitting week of August For details of their passage through Parliament, see Legislation Update No.35 of 2014, dated 3 September 2014, at pp9 12.) 1. Safe Night Out Legislation Amendment Act 2014 Act No.42 of 2014 Section 2 (Commencement) of this Act provides as follows: s49 is taken to have commenced on 6 June 2014 The following provisions commence on assent: Part 3 Heading to Part 4 s12 s14 s16, other than s16(1) and (3) Part 5 Part 6 Part 6A Part 6B Heading to Part 7 s27 s28, other than to the extent it omits the definitions drink safe precinct and entertainment and inserts the definitions irresponsible and system failure s29a s30 s32(1) to the extent it inserts new s21(1)(eaa) s33, other than to the extent it inserts example 4 in new s42a(1) ss33a to 39 ss40a and 40B s46a ss50 to 52 s54

4 30 August 5 September 2014 page 4 ss56 and 57 s61 s63 s69 ss72 and 73 s75 s76, other than to the extent it omits Part 6B s77 to 80 s81 to the extent it inserts ss324, 327 and 328 Heading to Part 8 s82 s84 s86 ss98 and 99 s100, other than to the extent it inserts new s238 s101 Heading to Part 9 ss102 and 103 s109 s110, other than s110(2) s114 s120, other than s120(2) s121 Heading to s122 s122(1), other than to the extent it omits the definition photograph s122(2) to the extent it inserts the definitions intoxicated and licensed premises Part 9A Part 9B Part 10 Part 10A Part 11 Part 12 Part 13 The following provisions commence, or are taken to have commenced, on 1 September 2014: s46 s81, to the extent it inserts the heading to the new Division 16 of Part 12 and ss319 to 321

5 30 August 5 September 2014 page 5 The following provisions commence on 1 October 2014: Part 2, other than ss4(3), 5 and 7 ss85, 87 and 88 ss104 to 108 s110(2) ss111 to 113 s116, other than to the extent it inserts new s442(cb) s118 s122(1) to the extent it omits the definition photograph s122(2), other than to the extent it inserts the definitions intoxicated, licensed premises and relevant assault offence The following provisions commence on 1 December 2014: s4(3) s5 s7 s13 ss15 to 15C s16(1) and (3) s17 s83 s89 to 97 s100 to the extent it inserts new s238 s115 s116 to the extent it inserts new s442(cb) s117 s119 s120(2) s122(2) to the extent it inserts the definition relevant assault offence The following provisions commence on 1 July 2015: s28, to the extent it omits the definition entertainment s29 s40 ss41 to 45 ss47 and 48 s53 s55 s70 and 71 s81, to the extent it inserts new ss321a, 322 and 323

6 30 August 5 September 2014 page 6 The following provisions commence on a day to be fixed by proclamation s28, to the extent it omits the definition drink safe precinct and inserts the definitions irresponsible and system failure s31 s32, other than to the extent it inserts new s21(1)(eaa) s33(2) to the extent it inserts example 4 in new s42a(1) ss58 to 60 s62 ss64 to 68 s74 s76 to the extent it omits Part 6B s81, to the extent it inserts new ss325, 326 and 329. If there are any remaining provisions in this Act, to which s2 does not apply, those provisions would have commenced on the date of assent, pursuant to ss15a of the Acts Interpretation Act Transport and Other Legislation Amendment Act 2014 Act No.43 of 2014 Pursuant to s2 (Commencement), the following provisions commence on a date to be fixed by proclamation: Part 3 ss15, 28, 30 and 41 s54(2) ss59, 62, 64, 67 to 71, and 73 s76(2), (4), (5), (7), (8) and (9) ss78, 79 and 81 s82(1), (2) and (4) ss84, 88, 92 to 100, and 102 to 106 s107(2), (4), (5) and (6) s115 Amendment 40 in the amendments for the Transport Infrastructure Act 1994 in Schedule 1. The remaining provisions of this Act, that is, those to which s2 does not apply, commenced on the date of assent, pursuant to ss15a of the Acts Interpretation Act Local Government Legislation Amendment Act 2014 Act No.44 of 2014 Pursuant to s2 (Commencement), the following provisions of this Act commence on a date to be fixed by proclamation: ss5, 6, 9 and 12 Parts 4 and 5 Schedule 1. The remaining provisions of this Act, that is, those to which s2 does not apply, commenced on the date of assent, pursuant to ss15a of the Acts Interpretation Act 1954.

7 30 August 5 September 2014 page 7 4. Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Act No.45 of 2014 Pursuant to s2 (Commencement): Chapter 2, other than Part 6, and Part 1 of Schedule 1 commence on 1 January 2015 Part 6 of Chapter 2 and Part 2 of Schedule 1 commence on a date to be fixed by proclamation In addition, ss60a and 61D commence on a date to be fixed by proclamation. The remaining provisions of this Act, that is, those to which s2 does not apply, commenced on the date of assent, pursuant to ss15a of the Acts Interpretation Act Subordinate legislation (regulations and rules) A. Subordinate legislation notified on the Queensland Legislation website on 5 September SL No.200 of 2014: Economic Development Amendment Regulation (No.4) 2014 The purpose of this regulation, in the words of its explanatory notes, is to: declare land at the Townsville City Waterfront as a Priority Development Area (PDA) introduce the Interim Land Use Plan for Townsville City Waterfront PDA give effect to the Southport PDA Development Scheme. For this purpose, this regulation amends the following schedules to the Economic Development Regulation 2013: Schedule 1 (Priority development areas) Schedule 2 (Interim land use plans) Schedule 4 (Development schemes for priority development areas). 2. SL No.201 of 2014: Health Legislation Amendment Regulation (No.3) 2014 The policy objectives of the regulation, as listed in its explanatory notes, are to: enable overseas health practitioners accompanying delegates to the Group of 20 (G20) Summit in Queensland to provide health services to those delegates without needing to be registered under health practitioner registration laws ensure the references to prescribed guidelines for the purposes of issuing licences for research that involves the use of excess human embryos created through assisted reproductive technology are current reduce the regulatory burden on government and over 20,000 retailers by removing the need for mandatory signs to be distributed and replaced on an annual basis under the Tobacco and Other Smoking Products Regulation 2010, and to correct a typographical error. For these purposes, firstly, this regulation amends the Health Practitioners (Special Events Exemption) Regulation 2009 by replacing s2 (Declaration of Nikon SuperGP as special event) with a new s2 (Declaration of G20 meeting as special event). It then amends the Research Involving Human Embryos and Prohibition of Human Cloning Regulation 2003 by replacing s3 (Prescribed guidelines to which NHMRC Licensing Committee must have regard Act, s29) by a new s3 with the same heading.

8 30 August 5 September 2014 page 8 Finally, this regulation amends the Tobacco and Other Smoking Products Regulation 2010 by: amending s1a (Definitions) amending s8 (Form of mandatory sign Act, ss26hc and 26IF) inserting a new provision, namely, Part 7 (Transitional provision) which consists of s18 (Transitional provision for form of mandatory sign). 3. SL No.202 of 2014: Youth Justice Amendment Regulation (No.2) 2014 As described in its explanatory notes, this regulation will enable the implementation of appropriate custodial measures to promote security and good order at a boot camp centre established under the Youth Justice Act For this purpose, this regulation inserts a new provision, namely Part 3B (Detention centre employee at boot camp centre), in the Youth Justice Regulation 2003 which prescribes the following matters: those custodial practices (use of reasonable force, restraint, separation and personal searches) which may be used at a boot camp centre the circumstances in which they may be provided the requirement to record details of each instance of their use. This regulation also updates certain references in the Youth Justice Regulation 2003 by: replacing references to register in the provisions dealing with the recording of details of the use of approved restraints, separation and searches in a detention centre with references to record. omitting a reference to a hardcopy document in which details of the use of reasonable force in managing misbehaviour at a detention centre must be recorded. (This measure is justified in this regulation s explanatory notes when it states that it has the effect in all cases that the means used to record this information is not specifically prescribed but may, in accordance with the inclusive definition of record in Schedule 1 to the Acts Interpretation Act 1954, be in electronic form.) 4. SL No.203 of 2014: Marine Parks and Other Legislation Amendment Regulation (No.1) 2014 The objectives of this regulation, as set out in its explanatory notes, are to: amend the boundary of the Maroochy declared Fish Habitat Area to reinstate the Fish Habitat Area over tidal parts of two regional parks and make exclusions for erosion control, poor quality habitat and non-tidal (terrestrial) land enhance access for commercial whale-watching operators within Great Sandy and Moreton Bay Marine Parks. For these purposes, this regulation amends the following instruments: Fisheries Regulation 2008 Marine Parks (Great Sandy) Zoning Plan 2006 Marine Parks Regulation SL No.204 of 2014: Motor Racing Events Amendment Regulation (No.2) 2014 This regulation amends Part 5 of the Motor Racing Events Regulation 2003 in order to declare the area for the staging of the Castrol EDGE Gold Coast 600 event being held on the Gold Coast in October 2014, the precise dates of the event and the name of its promoter.

9 30 August 5 September 2014 page 9 Local laws A. Queensland Government Gazette of 5 September 2014 Gazettal of the making of local laws by the following council: 1. Aurukun Shire Council Approved forms/guidelines A. Queensland Government Gazette of 5 September 2014 Notification of the approval of a form for use under the following Act: 1. Workers Compensation and Rehabilitation Act 2003 Form No.275 (Version 3): Notice of claim for damages. Other statutory instruments/statutory notices A. Extraordinary edition of the Queensland Government Gazette of 1 September Workers Compensation and Rehabilitation Act 2003 Gazettal of the list of high-risk industries for the purposes of s226 giving their categories based on the Australian and New Zealand Standard Industrial Classification. B. Queensland Government Gazette of 5 September Casino Control Act 1982 Notification of the Casino Gaming Amendment Rule (No.1) 2014, pursuant to which, under s63(1), the Attorney-General and Minister for Justice gives notice of amendments to the Casino Gaming Rule 2010, which amendments provide for: a new casino table game to be known as Blackjack Challenge (Schedule 22) amendments to the following schedules: Schedule 2 (Blackjack) Schedule 3 (Caribbean stud poker) Schedule 8 (Pai Gow) Schedule 11 (Spanish blackjack) Schedule 15 (Texas hold em bonus poker) Schedule 16 (Three card poker) Schedule 17 (Four card poker)

10 30 August 5 September 2014 page 10 Schedule19 (Double deck blackjack) Schedule 20 (Blackjack switch) Schedule 21 (Lucky draw baccarat) to remove the requirement for the operator to immediately notify an Office of Liquor and Gaming Inspector and replace it with a more general notification process. 2. Fire and Emergency Services Act 1990 Notification, given by the Commissioner, Queensland Fire and Rescue Service, under s104da(4), that the average number of unwanted alarms for monitored systems for the last financial year 2013/2014 is Major Sports Facilities Act 2001 Declaration made by his Excellency the Governor, on the advice of the Executive Council, of the following major sports facility events as declared events : Australia vs India first cricket Test match and other specified cricket matches at the Brisbane Cricket Ground from 4 December 2014 to 25 March Brisbane International at the Queensland Tennis Centre from 2 11 January 2014 Specified A League matches involving the Brisbane Roar at Suncorp Stadium from 12 October 2014 to 18 April Statutory Bodies Financial Arrangement Act 1982 Notification of the general approval, given by the Acting Under Treasurer pursuant to s70(1), for all Queensland local councils to enter into a type 1 financial arrangement under s60, whereby all Queensland local councils will be able to provide an unlimited indemnity in favour of the Australian Postal Corporation in relation to a Postbillpay Agreement. 5. Transport Operations (Marine Safety) Act 1994/ Transport Operations (Marine Safety) Regulation 2004 Notification of the exemption from s206a of the Transport Operations (Marine Safety) Act 1994 and ss127, 127A and 127B of the Transport Operations (Marine Safety) Regulation 2004 granted, pursuant to s18a of the Transport Operations (Marine Safety) Act 1994, by the general manager, Maritime Safety Queensland, to all persons operating ships in the Queensland Titles Jet Ski Racing events conducted by the Queensland Personal Watercraft Club on Lake Atkinson (Atkinson s Dam) in south-east Queensland between 8am and 5pm on 6 and 7 September Miscellaneous 1. Parliamentary sitting dates As indicated on the parliamentary website, the Queensland Parliament is scheduled to sit from Tuesday 9 September through to Thursday 11 September (Details of legislation dealt with in this parliamentary sitting week will be included in next week s Legislation Update.) The complete list of proposed sitting dates for the remainder of 2014 is available on that site.