LEGISLATION UPDATE. Primary legislation (Acts of Parliament) Government Bills introduced Private members Bills introduced...

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1 LEGISLATION UPDATE Issue May Published 13 May 2015 Primary legislation (Acts of Parliament)... 3 Government Bills introduced... 3 A. The following Bills were introduced into the Legislative Assembly on 7 May Magistrates Amendment Bill Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill Work Health and Safety and Other Legislation Amendment Bill Private members Bills introduced... 5 A. The following Bill was introduced into the Legislative Assembly on 5 May Mental Health (Recovery Model) Bill B. The following Bill was introduced into the Legislative Assembly on 6 May Liquor and Fair Trading Legislation (Red Tape Reduction) Amendment Bill Government Bills passed... 5 A. The following Bills were passed by the Legislative Assembly on 7 May Magistrates Amendment Bill Electoral and Other Legislation Amendment Bill Bills assented to... 6 A. The Bill for the following Act was assented to on 8 May Magistrates Amendment Act 2015 Act No.1 of Subordinate legislation (regulations and rules)... 6 A. Subordinate legislation notified on the Queensland Legislation website on 8 May SL No.23 of 2015: Petroleum and Gas (Production and Safety) Amendment Regulation (No.1) Local laws... 7 Approved forms/guidelines... 7 A. Queensland Government Gazette of 8 May Education (General Provisions) Act Radiation Safety Act 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 at qls.com.au > Knowledge Centre > Newsletters & Magazines > Legislation Update for general information. Queensland Law Society Legislation update Page 1 of 8

2 Other statutory instruments/statutory notices... 7 A. Queensland Government Gazette of 8 May Acquisition of Land Act 1967/Native Title Act 1993 (Cth)/Native Title (Queensland) Act Place Names Act Sustainable Planning Act Electoral Act Commissions of Inquiry Act Economic Development Act Local Government Act Plumbing and Drainage Act Transport Operations (Marine Safety) Act 1994/Transport Operations (Marine Safety) Regulation Public Trustee Act Miscellaneous Parliamentary sitting dates... 8 Queensland Law Society Legislation update Page 2 of 8

3 Primary legislation (Acts of Parliament) Parliamentary sitting days: 5-7 May 2015 Government Bills introduced A. The following Bills were introduced into the Legislative Assembly on 7 May Magistrates Amendment Bill 2015 The objectives of this Bill, as listed in its explanatory notes, are to amend the Magistrates Act 1991 (Magistrates Act) to: validate the appointment, and the exercise of the powers or functions, of certain magistrates, acting magistrates and acting judicial registrars (relevant judicial officers) appointed during the period from and including 12 April 2013 to and including 24 April 2015 (the relevant period) who have taken and subscribed an incorrect oath or made and subscribed an incorrect affirmation validate the appointment, and the exercise of the powers or functions, of particular magistrates appointed before the commencement who may have failed to take and subscribe an oath or affirmation. The explanatory notes continue on to state that the Bill will achieve these objectives by amending the Magistrates Act to: declare the oath or affirmation, in the form prescribed by the repealed Magistrates Regulation 2003 (2003 oath or affirmation) that has been taken and subscribed by those relevant judicial officers during the relevant period is as effective as it would be if the relevant judicial officers had taken and subscribed the correct oath or affirmation as prescribed by the Magistrates Regulation 2013 (2013 oath or affirmation) declare that the relevant judicial officers have exercised, and continue after the commencement of the Bill to exercise, the jurisdiction, powers and functions of the office as validly as if they had taken the 2013 oath or affirmation declare that those relevant judicial officers did not cease to be, or hold office as, magistrates, acting magistrates or acting judicial registrars (as applicable) under s9(3), 42(e), 53F(3) or 53N(1)(f) of the Magistrates Act (as applicable) only because they took or made the 2003 oath or affirmation. It is further stated that the Bill will achieve the policy objective of validating the appointment, and the exercise of powers and functions, of particular magistrates who may have failed to take an oath or affirmation by amending the Magistrates Act to: declare that the particular magistrates did not cease to be, or hold office as, magistrates only because they did not take an oath or affirmation declare that the particular magistrates exercise and have exercised the jurisdiction, powers and functions of the office during the period from their appointment up to when they take the 2013 oath or affirmation or cease to hold office provide that the particular magistrates must, within three months after the commencement, take the 2013 oath or affirmation (failing which they will cease to be, and hold office as, magistrates at the end of that period). In particular, this Bill amended the Magistrates Act by: amending the heading to Part 10 (Transitional provisions) by inserting the words and validation immediately after the word Transitional inserting a new division in Part 10, namely, Division 8 (Validation provisions for particular magistrates and judicial registrars) which consists of the following provisions: s67 (Definition for div 8) s68 (Oaths or affirmations taken or made by magistrates) s69 (Failure of magistrate to take oath or make affirmation) s70 (Oaths or affirmations taken or made by judicial registrars). Immediately after its introduction, the Legislative Assembly resolved (t)hat under the provisions of Standing Order 137 the Magistrates Amendment Bill be declared an urgent bill and pass all remaining stages on this sitting day (see Hansard 7 May 2015 at page 506). Subsequently, later on this same sitting day, this Bill was passed by the Legislative Assembly (see below under the heading Government Bills passed ). Queensland Law Society Legislation update Page 3 of 8

4 2. Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Under the heading Amendment of Industrial Relations Act 1999, this Bill s explanatory notes makes the following points in relation to its content: Firstly, the Bill will achieve its objective of Restoring Fairness for Government Workers by: repealing those sections of the Industrial Relations Act 1999 (IR Act) introduced by the Public Service and Other Legislations Amendment Act 2012 and the Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 that made certain provisions in awards and industrial agreements applying to employers and employees in Government entities to be of no effect repealing or amending provisions introduced in the Industrial Relations (Fair Work Harmonisation No. 2) and Other Legislation Amendment Act 2013 relating to award modernisation and the mandating and prohibition of certain content in modern industrial instruments Next, the Bill will achieve its objective of re-establishing the independence of the Queensland Industrial Relations Commission (the Commission) by repealing those provisions that were introduced in the Industrial Relations (Fair Work Harmonisation) and Other Legislation Amendment Act 2012 relating to the Commission s consideration of the public interest to include the financial position and fiscal strategy of the State, relevant public sector entity and the relevant employer; and the Government s briefing to the Commission about the State s fiscal strategy and financial position In addition, the Bill will achieve its objective of returning the Commission to its status as a layperson s tribunal by restoring legal representation arrangements for parties appearing before the Commission to be as they were prior to the Public Service and Other Legislations Amendment Act 2012 Finally, the Bill will achieve its objective of restoring the ability of industrial organisations and their representatives to freely organise and access members, so as to enhance and protect their industrial interests, by restoring right of entry provisions to be as they were prior to the Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act The Bill also includes an amendment to the Industrial Relations Regulation 2011 to remove provisions prescribing content in modern industrial instruments concerning consultation, dispute resolution and individual flexibility arrangements that are consequential to the amendment of the IR Act. It should also be noted that the Bill provides transitional arrangements for those modern awards and modern certified agreements made, in relation to which the explanatory notes state that 10 modern awards and seven modern certified agreements have been made to date under the modern award and agreement framework that will require particular consideration. 3. Work Health and Safety and Other Legislation Amendment Bill 2015 As listed in its explanatory notes, this Bill amends the Work Health and Safety Act 2011 (WHS Act) to: allow WHS entry permit holders to enter a workplace immediately if they suspect a contravention has occurred and provide notice of entry as soon as is reasonably practicable afterwards, removing the requirement to provide at least 24 hours notice of entry reinstate the power for a trained health and safety representative (HSR) to direct a worker in their work group to cease work if they have a reasonable concern that to carry out the work would expose the worker to a serious risk to their health and safety, emanating from an immediate or imminent exposure to a hazard, thus restoring consistency with the model WHS laws allow HSRs to request the assistance of any person, removing the requirement for at least 24 hours notice if the assistant requires access to the workplace remove the penalty for failing to provide notice of entry to inquire into a suspected contravention of the WHS Act, consult and advise workers and make copies of documents relevant to a suspected contravention, which penalty does not exist in the model WHS laws decrease the maximum penalty for contravening WHS entry permit conditions from 200 penalty units to 100 penalty units, to restore consistency with the model WHS laws reinstate a requirement from the repealed Workplace Health and Safety Act 1995 for the regulator to be notified of workplace injuries that result in a worker being off work for more than four days. The Bill also amends the Electrical Safety Act 2002 in order to reinstate the Electrical Safety Commissioner, Electrical Safety Education Committee and Electrical Equipment Committee. Queensland Law Society Legislation update Page 4 of 8

5 Private members Bills introduced A. The following Bill was introduced into the Legislative Assembly on 5 May Mental Health (Recovery Model) Bill 2015 The intent of this lengthy Bill of some 567 pages, which was introduced by Mr M McArdle, the LNP Member for Caloundra, is set out thus in its explanatory notes: The primary purpose of the Mental Health (Recovery Model) Bill 2015 is to improve and maintain the health and wellbeing of persons with a mental illness who do not have the capacity to consent to treatment or care. The Bill also enables persons to be diverted from the criminal justice system if found to have been of unsound mind at the time of an alleged offence or to be unfit for trial. Its contents are described in extensive detail in those explanatory notes. B. The following Bill was introduced into the Legislative Assembly on 6 May Liquor and Fair Trading Legislation (Red Tape Reduction) Amendment Bill 2015 As listed in its explanatory notes, the objectives of this Bill, which was introduced by Mr I Walker MP, the LNP Member for Mansfield, are to: reduce the regulatory burden on the liquor and tourism industries by amending the Liquor Act 1992 (Liquor Act) make amendments to the Liquor Act to ensure clarity and effectiveness repeal the following 14 obsolete church and community organisation Acts: All Saints Church Lands Act Geo 5 No. 23 Anglican Church of Australia Act 1895 Amendment Act Edw 7 No. 21 Anglican Church of Australia Act 1977 Anglican Church of Australia (Diocese of Brisbane) Property Act Vic Ann Street Presbyterian Church Act Vic Boonah Show Ground Act Geo 5 Chinese Temple Society Act 1964 Presbyterian Church of Australia Act 1971 Queensland Congregational Union Act 1967 Roman Catholic Church (Corporation of the Sisters of Mercy of the Diocese of Cairns) Lands Vesting Act Geo 6 Roman Catholic Church (Northern Lands) Vesting Act Geo 6 Roman Catholic Relief Act Geo 4 No. 9 (NSW) Wesleyan Methodists, Independents, and Baptists Churches Act Vic No. 7 (NSW) Wesleyan Methodist Trust Property Act Vic (NSW). relocate a number of technical and administrative provisions contained in the obsolete church and community organisation Acts into the following Acts, as saving and consequential amendments: Anglican Church of Australia Act 1895 Anglican Church of Australia Constitution Act 1961 Oaths Act 1867 Presbyterian Church of Australia Act 1900 repeal s96 of the Fair Trading Act 1989 in relation to directors liability. Government Bills passed A. The following Bills were passed by the Legislative Assembly on 7 May Magistrates Amendment Bill 2015 This Bill was originally introduced into the Legislative Assembly on 7 May 2015 (see page 3 under the heading Government Bills introduced ). It was not amended during its passage through the Legislative Assembly. (This Bill was assented to on 8 May For details about the commencement of its provisions, see below under the heading Bills assented to.) Queensland Law Society Legislation update Page 5 of 8

6 2. Electoral and Other Legislation Amendment Bill 2015 This Bill was originally introduced into the Legislative Assembly on 27 March A synopsis of the contents of the Bill as introduced was contained in Legislation Update No.9 of 2015, published 1 April 2015, at page 3. During its passage through the Legislative Assembly, the following provisions of the Bill were amended: Cl.15 [Replacement of s264 (Gifts to candidates etc.)] Cl.16 [Amendment of s265 (Gifts to political parties)] Cl.18 (Insertion of new pt 11, div 7, sdiv 3) Cl.22 [Replacement of s290 (Annual returns by registered political parties)] Cl.25 (Replacement of ss293 and 294) Cl.26 (Insertion of new pt 11, div 12). Bills assented to A. The Bill for the following Act was assented to on 8 May Magistrates Amendment Act 2015 Act No.1 of 2015 The Bill for this Act was passed by the Legislative Assembly on 7 May For details of its passage through the Parliament, see page 5 under the heading Government Bills passed. 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 its assent. Subordinate legislation (regulations and rules) A. Subordinate legislation notified on the Queensland Legislation website on 8 May SL No.23 of 2015: Petroleum and Gas (Production and Safety) Amendment Regulation (No.1) 2015 This regulation amends the Petroleum and Gas (Production and Safety) Regulation 2004 (the PGPS Regulation) by: amending provisions to remove uncertainty, ambiguity and confusion about the concept of a liquefied petroleum gas delivery network operating plant, as currently provided for in the Petroleum and Gas (Production and Safety) Act 2004 and in the PGPS Regulation, and in relation to the determination of gas safety and health fee liability changing the reference to the prescribed generic safety management plan, given that the current plan was that published by the Australian Liquefied Petroleum Gas Association Limited in 2007 but its successor organisation, Gas Energy Australia, has advised it is not maintaining the safety management plan. (Consequently, a revised generic safety management plan has been developed and is to be published by the Department of Natural Resources and Mines.) updating the AS3814 Industrial and commercial gas-fired appliances reference in Part 5 of Schedule 1 to reflect the 2015 version making minor consequential and drafting amendments. In particular, this regulation amends the following provisions of the PGPS Regulation: s10 (Activities prescribed for definition of operating plant) s35a (Notice of completion of hydraulic fracturing activities) s46a (Hydraulic fracturing activities completion report) s135 (Who is liable to pay a safety and health fee) s139a (Requirements for safety and health fee return) Part 5 (Gas work) in Schedule 1 s10 (Particular LPG delivery network that is operating plant) in Part 8 of Schedule 9 Schedule 12 (Dictionary). It also replaces s88g (Prescription of generic SMP). Pursuant to s2 (Commencement), the provision which replaces s88g (s7) commences on 1 July The remaining provisions of this regulation commenced on the date of its notification, pursuant to ss32 and 33 of the Statutory Instruments Act Queensland Law Society Legislation update Page 6 of 8

7 Local laws No local laws were notified during the period covered by this Update. Approved forms/guidelines A. Queensland Government Gazette of 8 May 2015 Notification of the approval of a form for use under each of the following Acts: 1. Education (General Provisions) Act 2006 Form No.MAS-1 (version 03): Mature age student notice application form. 2. Radiation Safety Act 1999 Form No.3 (version 1.0): Application for a Licence to Use Laser Apparatus Cosmetic Purposes (Trainee). 3. Workers Compensation and Rehabilitation Act 2003 Form No.132CCGC (version 5): Application for Compensation Form for Workers. Other statutory instruments/statutory notices A. Queensland Government Gazette of 8 May Acquisition of Land Act 1967/Native Title Act 1993 (Cth)/Native Title (Queensland) Act 1993 Gazettal of the Taking of Native Title Rights and Interests and Resource Interests Notice (No.01) 2015 in relation to a site of about hectares in the area administered by the North Region, Cloncurry Office for the purposes of works for the conservation and reticulation of water. 2. Place Names Act 1994 Gazettal of Place Name Decision Notice (No.05) 2015, pursuant to which the Minister for State Development and Minister for Natural Resources and Mines gave notice that he has decided to alter the boundaries of the places listed in the schedule to the notice, which places are located in the local government areas administered by the following councils: Brisbane City Council Southern Downs Regional Council Moreton Bay Regional Council South Burnett Regional Council Sunshine Coast Regional Council Toowoomba Regional Council Bundaberg Regional Council Scenic Rim Regional Council Ipswich City Council Douglas Shire Council. 3. Sustainable Planning Act 2009 Notification that the Dalrymple Shire Council, at its meeting on 27 April 2015, resolved to adopt Amendment No.2 of the Dalrymple Shire Planning Scheme to include a Priority Infrastructure Plan. 4. Electoral Act 1992 Notification, pursuant to s63, of the following, as at 30 April 2015, as ascertained or determined by the Electoral Commissioner: the number of electors enrolled in each electoral district for the State of Queensland, the average district enrolment and the extent to which the number of electors in each electoral district differs from that average enrolment the adjusted enrolment for electoral districts of 100,000m 2 or more in area, that is, the sum of the number of enrolled electors and the additional large district number as specified in s45 and the extent to which those districts differ from the average district enrolment mentioned above. Queensland Law Society Legislation update Page 7 of 8

8 5. Commissions of Inquiry Act 1950 Gazettal of Commissions of Inquiry Order (No.3) 2015, pursuant to which the Governor in Council appointed Walter Sofronoff QC to inquire into specified issues relating to the flooding of Lockyer Creek between Helidon and Grantham on 10 January 2011, with a reporting date of 31 August Economic Development Act 2012 Notification that, under s125, specified parcels of unallocated state land in the Bowen Hills Priority Development Area have been vested in the Minster for Economic Development Queensland in fee simple. 7. Local Government Act 2009 The Minister responsible for Local Government has referred the matter of the following councils no longer meeting the quota requirements under the Act to the Queensland Change Commission for independent assessment, in respect of which written submissions are invited with a deadline of 29 May 2015: Rockhampton Regional Council Scenic Rim Regional Council Sunshine Coast Regional Council Townsville City Council Fraser Coast Regional Council. 8. Plumbing and Drainage Act 2002 Notification of the following chief executive approvals under s98(a): Chief Executive Approval No.07/2015: BioSeptic Performa 2000 manufactured by BioSeptic Pty Ltd (ABN ) Chief Executive Approval No.16/2015: Taylex ABS with UV 13 EP manufactured by Taylex Industries Pty Ltd (ABN ) Chief Executive Approval No.17/2015: Taylex ABS with Chlorine 13 EP manufactured by Taylex Industries Pty Ltd (ABN ). 9. Transport Operations (Marine Safety) Act 1994/Transport Operations (Marine Safety) Regulation 2004 Gazettal of the exemption granted, pursuant to s18a of the Transport Operations (Marine Safety) Act 1994, by the acting general manager, Marine Safety Queensland, from s206a of the Transport Operations (Marine Safety) Act 1994 and s127 of the Transport Operations (Marine Safety) Regulation 2004 to all persons operating ships in the closed course water ski racing conducted by Southern Cross Water Ski Club Inc. between 0800 and 1500 hours on 16 May and 13 June 2015 over the specified waters of Cleveland Bay, Townsville. 10. Public Trustee Act 1978 Gazettal of the Registers of Unclaimed Moneys held by the following entities showing entries dating from 2009, 2011, 2012 and 2013: Acer Energy Limited CMI Limited Consolidated Rutile Limited (CRTT) Corporate Travel Management Limited Domino s Pizza Enterprises Limited Echo Entertainment Group Limited Energy Developments Ltd Santana Minerals Limited. Miscellaneous 1. Parliamentary sitting dates As indicated on the parliamentary website, the Queensland Parliament is scheduled to sit next from Tuesday 19 May through to Thursday 21 May (The complete list of proposed sitting dates for the remainder of 2015 is available on that site.) Queensland Law Society Legislation update Page 8 of 8