LEGISLATION UPDATE. Primary legislation (Acts of Parliament) Subordinate legislation (regulations and rules) Local laws...

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1 LEGISLATION UPDATE Issue July 2015 Published 15 July 2015 Primary legislation (Acts of Parliament)... 2 A. Acts/legislation commenced by proclamation Payroll Tax Rebate, Revenue and Other Legislation Amendment Act Subordinate legislation (regulations and rules)... 2 A. Subordinate legislation notified on the Queensland Legislation website on 10 July SL No.72 of 2015: Superannuation (State Public Sector) Amendment of Deed Regulation (No.1) SL No.73 of 2015: Proclamation commencing certain provisions of the Payroll Tax Rebate, Revenue and Other Legislation Amendment Act Local laws Gladstone Regional Council... 3 Approved forms/guidelines Private Health Facilities Act Residential Tenancies and Rooming Accommodation Act Other statutory instruments/statutory notices Electoral Act Local Government Act Queensland Competition Authority Act Sustainable Planning Act Transport Operations (Marine Safety) Act 1994/Transport Operations (Marine Safety) Regulation Miscellaneous Parliamentary sitting dates... 5 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 5

2 Primary legislation (Acts of Parliament) Parliament did not sit during the period covered by this Update. A. Acts/legislation commenced by proclamation 1. Payroll Tax Rebate, Revenue and Other Legislation Amendment Act 2015 SL No.73 of 2015 see below under the heading, Subordinate legislation (regulations and rules). Subordinate legislation (regulations and rules) A. Subordinate legislation notified on the Queensland Legislation website on 10 July SL No.72 of 2015: Superannuation (State Public Sector) Amendment of Deed Regulation (No.1) 2015 The following amendments to the Superannuation (State Public Sector) Deed 1990 (QSuper Deed) are being made by this regulation, as listed under the following headings in its explanatory notes, at the request of the Board of Trustees of the State Public Sector Superannuation Scheme (QSuper Board) which administers the State Public Sector Superannuation Scheme in accordance with the QSuper Deed: Access to superannuation on compassionate or financial hardship grounds: This amendment, by inserting a new Part 7G (Access on compassionate and severe financial hardship grounds) into Chapter 1 (General) of the QSuper Deed, will allow defined benefit members to withdraw amounts directly from their defined benefit account, if approved, to access their superannuation on compassionate or financial hardship grounds, thereby allowing these members to retain their defined benefit after accessing the amount, rather than as previously, being required to close their defined benefit and transfer the total balance to an accumulation account before they can access their superannuation on such grounds. (The maximum amount a member may withdraw is the present day value of their defined benefit.) Tax payable under Division 293 of the Income Tax Assessment Act 1997 (Cth): This amendment, by inserting a new Part 7H (Withdrawals from account under taxation legislation) into Chapter 1 of the QSuper Deed, will: allow members to pay their deferred Division 293 tax by electing to reduce a lifetime pension they are entitled to for membership in a defined benefit category facilitate other withdrawals from superannuation to pay Division 293 tax (The explanatory notes for this regulation state that the QSuper Board will reduce a member s lifetime pension in a way that is consistent with the current methodology it uses to reduce a lifetime pension to pay a surcharge tax debt, which is a similar type of tax.) Salary reduction benefit: This amendment, which replaces s64 (Salary reduction) of the QSuper Deed, will remove a restriction on when a salary reduction benefit, that is, a supplementary benefit to a defined benefit member to compensate for a reduction in a person s entitlement caused by a reduction in salary, may be paid. This is to allow for a required change in the methodology used to determine the salary reduction benefit to close a loophole which could result in a member being potentially paid more than its design intended. (The explanatory notes for this regulation state that the State Actuary will advise the QSuper Board how to change the methodology to close the loophole.) Alignment with certain Commonwealth superannuation legislation: As described in its explanatory notes, this regulation, by amending relevant sections in Chapter 3 (Accumulation categories) of the QSuper Deed, removes certain minor inconsistencies which exist between the QSuper Deed and the following pieces of Commonwealth legislation: Superannuation Industry (Supervision) Regulation 1994 (Cth) in relation to the acceptance of employer and personal superannuation contributions for persons aged 65 or over Superannuation Guarantee (Administration) Act 1992 (Cth) in relation to the minimum remuneration on which superannuation must be paid. Minor technical amendment: Finally, this regulation inserts full definitions for the terms resignation matter and Parliamentary Benefits Committee in s340 (Members superannuation benefit) of the QSuper Deed, the meaning of which terms prior to the amendment was defined in other legislation and, as the explanatory notes state, inserting full definitions improves readability. Queensland Law Society Legislation update Page 2 of 5

3 2. SL No.73 of 2015: Proclamation commencing certain provisions of the Payroll Tax Rebate, Revenue and Other Legislation Amendment Act 2015 By a proclamation signed on 9 July 2015, his Excellency the Governor fixed 10 July 2015 for the commencement of Part 4 of the Payroll Tax Rebate, Revenue and Other Legislation Amendment Act 2015 (Act No.4 of 2015). The explanatory notes for this instrument state that the provisions of this Act being commenced allow for the cancellation of transitional environmental programs and temporary emissions licences under the Environmental Protection Act Local laws Gazettal of the making of local laws by the following council: 1. Gladstone Regional Council Gazettal of the Gladstone Regional Council (Making of Local Law) Notice (No.1) 2015 stating that the Gladstone Regional Council has, by resolution of 7 July 2015, made Animal Management (Amendment) Subordinate Local Law (No.1) 2015 which amends Subordinate Local Law No.2 (Animal Management) Approved forms/guidelines Notification of the approval of, and/or the withdrawal of approval for, forms for use under the following Acts: 1. Private Health Facilities Act 1999 The specified versions of the following forms have been approved with effect from 2 July 2015: Form No (Version 4): Application to build a new health facility Form No (Version 3): Application to change details of approval to build a new health facility Form No (Version 3): Application to extend approval to build a new health facility Form No (Version 4): Application for licence to operate a health facility Form No (Version 3): Application to change a licence to operate a health facility Form No (Version 4): Application to renew a licence to operate a health facility Form No (Version 2): Application to transfer a health facility licence Form No (Version 4): Application to structurally alter/renovate a health facility Notification that approval for the previous versions of forms with numbers corresponding to the above form numbers (although, in some cases, with slightly different titles) has been withdrawn. 2. Residential Tenancies and Rooming Accommodation Act 2008 The specified version of the following form has been approved: Form No.R13 (Version V5 Jul 15): Resident leaving form Rooming accommodation Notification that approval for the previous version of Form R13 (Version V4 Jan 15) has been withdrawn effective close of business 10 July Other statutory instruments/statutory notices 1. Electoral Act 1992 Notification, pursuant to s63, of the following, as at 30 June 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 3 of 5

4 2. Local Government Act 2009 Notification that the Local Government Change Commission has assessed and, after considering the proposed change and supporting documentation, recommended in favour of implementing a proposal to alter the common boundary between the Western Downs Regional Council and the Balonne Shire Council by incorporating a lot specified in the notice into the Western Downs Regional Council. (The Gazette notice states that the Governor in Council may implement the Local Government Change Commission s recommendation by regulation.) Notification that the Local Government Change Commission has assessed and, after considering the proposed change and supporting documentation, recommended against implementing a proposal to alter the common boundary between the Maranoa Regional Council and the Balonne Shire Council by incorporating the lots specified in the notice into the Balonne Shire Council Notification that the Banana Shire Council has advised that its electoral divisions no longer meet the quota requirements set down in the above Act and that the Minister responsible for local government has, in turn, referred the matter to the Local Government Change Commission for independent assessment, in respect of which written objections may be submitted with a deadline of 31 July (The proposed methodology for the assessment is set out in the notice.) 3. Queensland Competition Authority Act 1997 Gazettal of the direction given by the Treasurer, Minister for Employment and Industrial Relations and Minister for Aboriginal and Torres Strait Islander Partnerships that, pursuant to s10(lb), the following previous directions issued to the Queensland Competition Authority be rescinded, with effect on the beginning of the day of 1 July 2015 : The direction given on 2 July 2012 to: assess the adequacy of regulatory assessment statements submitted by departments in accordance with the Regulatory Assessment Statement Guidelines report annually on regulatory assessment statements The direction given on 21 February 2013 to advise agencies whether, in accordance with the Regulatory Impact Statement System Guidelines: regulatory proposals can be excluded from the Regulatory Impact Statement System the impacts of regulatory proposals are likely to be significant. 4. Sustainable Planning Act 2009 Gazettal of the notice given by the Minister for State Development and Minister for Natural Resources and Mines that, under Part 2 of Chapter 5, he made a ministerial designation of specified land located at Nerang-Broadbeach Road for community infrastructure, namely, the Carrara Southern Precinct, the use of which is further described in the Gazette notice in the following terms: Community sporting infrastructure including social and public support functions including car parking, transport infrastructure, community services and ancillary commercial activities and alliances that are in support of the community infrastructure function/s of the site. 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 ss127a and 127B of the Transport Operations (Marine Safety) Regulation 2004 granted by the general manager, Maritime Safety Queensland, pursuant to s18a of the Transport Operations (Marine Safety) Act 1994, to all persons operating ships in the closed course jet ski racing events to be conducted by the North Queensland Personal Watercraft Club Inc. between 9am and 3pm on Sunday 19 July 2015, on the waters of Black Weir, Ross River Townsville, known as Zone A under Townsville City Council s Management of Recreational Use Plan 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 by the general manager, Maritime Safety Queensland, pursuant to s18a of the Transport Operations (Marine Safety) Act 1994, to all persons operating ships in the power boat circuit racing event to be conducted by the South Queensland Power Boat Club Inc. between 10am and 4pm on 30 August 2015 over the specified waters of Six Mile Rocks Reach, Yeronga (on the Brisbane River) Notification of the exemption from s206a of the Transport Operations (Marine Safety) Act 1994 and s127 of the Transport Operations (Marine Safety) Regulation 2004 granted by the general manager, Maritime Safety Queensland, pursuant to s18a of the Transport Operations (Marine Safety) Act 1994, to all persons operating ships in the closed course power boat racing events to be conducted by the Australian Power Boat Association Offshore Council Inc. between 12noon and 3pm on 18 July 2015 and 10am and 2pm on 19 July 2015 over the specified waters of Port Denison, Bowen. Queensland Law Society Legislation update Page 4 of 5

5 Miscellaneous 1. Parliamentary sitting dates As indicated on the parliamentary website, the Queensland Parliament is scheduled to sit this week from Tuesday 14 July 2015 (on which date the State Budget was set to be brought down) to Friday 17 July Legislation dealt with during this parliamentary sitting week will be included in next week s Legislation Update. (The complete list of proposed sitting dates for the remainder of 2015 is available on the parliamentary website.) Queensland Law Society Legislation update Page 5 of 5