Queensland Numbered Acts

COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017 - As at 5 June 2017 - Act 17 of 2017

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - AMENDMENT OF ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) ACT 1984

   3.      Act amended
   4.      Amendment of s 20 (Membership)

   PART 3 - AMENDMENT OF ACTS INTERPRETATION ACT 1954

   5.      Act amended
   6.      Amendment of s 48 (Forms—notification and availability)
   7.      Insertion of new ss 52A and 52B
   8.      Insertion of new pt 14, div 3

   PART 4 - AMENDMENT OF ANTI-DISCRIMINATION ACT 1991

   9.      Act amended
   10.     Amendment of s 119 (Meaning of sexual harassment)
   10A.    Amendment of schedule (Dictionary)

   PART 5 - AMENDMENT OF APPEAL COSTS FUND ACT 1973

   11.     Act amended
   12.     Amendment of s 5 (Appeal Costs Fund)
   13.     Amendment of s 22 (Abortive proceedings and new trials after proceedings discontinued)
   14.     Insertion of new s 31

   PART 6 - AMENDMENT OF CIVIL PROCEEDINGS ACT 2011

   15.     Act amended
   16.     Amendment of s 71 (Definitions for pt 11)
   17.     Amendment of s 72 (Damages for personal injury)
   18.     Amendment of s 73 (Right of contribution)
   19.     Amendment of s 74 (Other damages)
   20.     Amendment of s 75 (No statutory presumption of fault)
   21.     Amendment of s 88 (Enforcement against property of a business)
   22.     Amendment of s 89 (Variation of order in relation to a business name)
   23.     Amendment of sch 1 (Dictionary)

   PART 7 - AMENDMENT OF CLASSIFICATION OF COMPUTER GAMES AND IMAGES ACT 1995

   24.     Act amended
   25.     Replacement of s 2A (Exempt computer game excluded from Act)
   26.     Amendment of s 3 (Definitions and dictionary)
   27.     Omission of ss 4–8
   28.     Amendment of s 8A (Calling in computer game for reclassification by board)
   29.     Amendment of s 8B (Obtaining copies for review)
   30.     Amendment of s 8C (Calling in unclassified computer game for classification)
   31.     Amendment of s 10 (Restriction on public demonstration of MA 15+ or R 18+ computer game)
   32.     Amendment of s 10A (Prohibition against demonstration of certain classified computer games)
   33.     Amendment of s 10B (Computer game available for playing on pay and play basis to bear determined markings and consumer advice)
   34.     Amendment of s 12 (Advertisement to contain determined markings and consumer advice)
   35.     Amendment of s 13 (False advertising of computer games)
   36.     Amendment of s 13B (Power to require certain advertisements to be submitted for approval)
   37.     Amendment of s 13C (Defence to prosecution under section 13B)
   38.     Amendment of s 14 (Markings and consumer advice on containers)
   39.     Amendment of s 15 (Display of classifications notices)
   40.     Amendment of s 21 (Sale of improperly marked classified computer games)
   41.     Amendment of s 21A (Prohibition against selling certain classified computer games)
   42.     Amendment of s 29 (No liability in certain circumstances)
   43.     Replacement of s 42 (Additional power of inspector to seize computer games)
   44.     Omission of pt 7 (Exemptions)
   45.     Amendment of s 62 (Evidentiary provisions)
   46.     Amendment of s 63 (Indictable offences and summary offences)
   47.     Amendment of s 66 (Classified computer games not indecent or obscene)
   48.     Omission of s 68 (Delegation by computer games classification officer)
   49.     Amendment of s 69A (Protection of officials from criminal liability)
   50.     Insertion of new pt 9, div 4
   51.     Amendment of sch 2 (Dictionary)

   PART 8 - AMENDMENT OF CLASSIFICATION OF FILMS ACT 1991

   52.     Act amended
   53.     Replacement of s 2A (Exempt film excluded from Act)
   54.     Amendment of s 3 (Definitions)
   55.     Amendment of s 4 (Inspectors and films classification officer)
   56.     Omission of s 4A (Delegation by films classification officer)
   57.     Amendment of s 21 (Prohibition against exhibition of certain films in public places)
   58.     Amendment of s 25CA (Calling in unclassified film for classification)
   59.     Amendment of s 25CB (Calling in film for reclassification)
   60.     Amendment of s 25CC (Obtaining copies for review)
   61.     Amendment of s 25D (Power to require certain advertisements to be submitted for approval)
   62.     Amendment of s 25E (Defence to prosecution under section 25D)
   63.     Amendment of s 27 (Advertisement to contain determined markings and consumer advice)
   64.     Amendment of s 28 (False advertising of films prohibited)
   65.     Amendment of s 29 (Markings and consumer advice on containers)
   66.     Amendment of s 36 (Display and sale of improperly marked classified films)
   67.     Amendment of s 36A (Prohibition against sale of certain films)
   68.     Replacement of s 52 (Additional power of inspector to seize films)
   69.     Omission of pt 7 (Exemptions)
   70.     Amendment of s 60 (Evidentiary provisions)
   71.     Amendment of s 61 (Indictable offences and summary offences)
   72.     Amendment of s 64 (Certain classified films not indecent or obscene)
   73.     Amendment of s 66A (Protection of officials from liability)
   74.     Insertion of new pt 9, div 6
   75.     Insertion of new sch 1

   PART 9 - AMENDMENT OF CLASSIFICATION OF PUBLICATIONS ACT 1991

   76.     Act amended
   77.     Insertion of new s 2A
   78.     Amendment of s 3 (Definitions)
   79.     Omission of s 4 (Classification under Commonwealth Act)
   80.     Amendment of s 5 (Inspectors)
   81.     Omission of ss 6–8
   82.     Omission of s 9 (Classification of publications)
   83.     Amendment of s 9A (Power to require publisher to submit application for classification of a publication)
   84.     Amendment of s 9B (Power to require certain advertisements to be submitted for approval)
   85.     Amendment of s 9C (Defence to prosecution under section 9A or 9B)
   86.     Omission of ss 10 and 11
   87.     Omission of pt 2A (Protection of children and families by conditions for displaying certain unrestricted publications)
   88.     Amendment of s 12 (Sale etc. of prohibited publication or child abuse photograph)
   89.     Amendment of s 14 (Possession of child abuse publication or child abuse photograph)
   90.     Amendment of s 15 (Exhibition or display of prohibited publication or child abuse photograph)
   91.     Amendment of s 16 (Leaving prohibited publication or child abuse photograph in or on public place)
   92.     Amendment of s 18 (Procurement of minor for RC publication or child abuse photograph)
   93.     Replacement of s 19 (Distributors, retail sellers and advertisers not liable in certain circumstances)
   94.     Amendment of s 20 (Leaving prohibited publication or child abuse photograph in or on private premises)
   95.     Omission of s 20C (Offence to contravene a display order for an unrestricted publication)
   96.     Amendment of s 20E (Consumer advice for unrestricted publications)
   97.     Replacement of s 28 (Additional power of inspector to seize publications)
   98.     Amendment of s 32 (Evidentiary provisions)
   99.     Amendment of s 33 (Indictable offences and summary offences)
   100.    Amendment of s 34 (Forfeiture)
   101.    Amendment of s 35 (Return of seized publications or photographs)
   102.    Amendment of s 36 (Unrestricted publication not indecent or obscene)
   103.    Omission of s 37 (Exemptions)
   104.    Amendment of s 39 (Protection of officials from liability)
   105.    Insertion of new pt 6, div 4
   106.    Insertion of new sch 1

   PART 10 - AMENDMENT OF COURT FUNDS ACT 1973

   107.    Act amended
   108.    Amendment of long title
   109.    Amendment of s 4 (Definitions)

   PART 11 - AMENDMENT OF CRIMINAL CODE

   110.    Code amended
   111.    Amendment of s 1 (Definitions)
   112.    Amendment of s 207A (Definitions for this chapter)
   113.    Amendment of s 228E (Defences for ss 228A–228DC)
   114.    Amendment of s 228H (Possession etc. of child exploitation material by law enforcement officer)

   PART 12 - AMENDMENT OF EVIDENCE ACT 1977

   115.    Act amended
   116.    Amendment of s 58 (Proof of letters patent)

   PART 13 - AMENDMENT OF INFORMATION PRIVACY ACT 2009

   117.    Act amended
   118.    Amendment of s 45 (Making access or amendment applications for children)
   119.    Amendment of s 53 (Noncompliance with application requirement)
   120.    Amendment of s 88 (Deletion of irrelevant information)
   121.    Amendment of s 89 (Deletion of exempt information)
   122.    Amendment of s 90 (Deletion of contrary to public interest information)
   123.    Amendment of s 94 (Internal review)
   124.    Amendment of s 95 (Decisions that may not be reviewed)
   125.    Amendment of s 115 (Requiring a search)
   126.    Amendment of s 127 (Vexatious applicants)
   127.    Amendment of s 135 (Performance monitoring and support functions)
   128.    Amendment of sch 3, s 2 (IPP 2—Collection of personal information (requested from individual))
   129.    Amendment of sch 3, s 11 (IPP 11—Limits on disclosure)
   130.    Amendment of sch 5 (Dictionary)

   PART 14 - AMENDMENT OF INVASION OF PRIVACY ACT 1971

   131.    Act amended
   132.    Amendment of s 43 (Prohibition on use of listening devices)

   PART 15 - AMENDMENT OF JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991

   133.    Act amended
   134.    Amendment of s 3 (Interpretation)
   135.    Amendment of s 21 (Registration of justices of the peace and commissioners for declarations)
   136.    Amendment of s 23 (Resignation)
   137.    Amendment of s 24 (Revocation of appointment)
   138.    Amendment of s 25 (Prohibition on acting in office)
   139.    Amendment of s 26 (Notification of cessation of office)

   PART 16 - AMENDMENT OF LAND COURT ACT 2000

   140.    Act amended
   141.    Amendment of s 7A (Land Court has power of the Supreme Court)
   142.    Insertion of new s 28A
   143.    Amendment of s 37 (ADR process applies to proceedings started under this part)
   144.    Insertion of new pt 2, div 12
   145.    Insertion of new s 57A
   146.    Amendment of s 72 (Application of certain provisions of pt 2 to Land Appeal Court)

   PART 17 - AMENDMENT OF LEGAL AID QUEENSLAND ACT 1997

   147.    Act amended
   148.    Amendment of s 45 (General powers)
   149.    Amendment of s 55 (Delegation of board’s powers)
   150.    Amendment of s 65 (Qualifications for appointment)
   151.    Amendment of s 67 (Chief executive officer’s responsibilities)
   152.    Amendment of s 71 (External employment)
   153.    Insertion of new s 73A
   154.    Amendment of s 82 (Secrecy)
   155.    Amendment of schedule (Dictionary)

   PART 18 - AMENDMENT OF LEGAL PROFESSION ACT 2007

   156.    Act amended
   157.    Amendment of s 9 (Suitability matters)
   158.    Amendment of s 12 (Meaning of government legal officer and engaged in government work and related matters)
   159.    Amendment of s 311 (Exceptions to requirement for disclosure)
   160.    Amendment of s 330 (Bills)
   161.    Amendment of s 517 (Power of receiver to take possession of regulated property)
   162.    Amendment of s 684 (Membership of law society)
   163.    Amendment of s 706 (Duty of relevant entities to report suspected offences)
   164.    Insertion of new ch 10, pt 6
   165.    Amendment of sch 2 (Dictionary)

   PART 19 - AMENDMENT OF MAGISTRATES ACT 1991

   166.    Act amended
   167.    Amendment of s 6 (Appointment of acting magistrates)
   168.    Amendment of s 21 (Transfer policy)
   169.    Insertion of new pt 10, div 9

   PART 20 - AMENDMENT OF OMBUDSMAN ACT 2001

   170.    Act amended
   171.    Amendment of s 5 (Objects of Act)
   172.    Amendment of s 6 (How objects are to be achieved)
   173.    Amendment of s 12 (Functions of ombudsman)
   174.    Amendment of s 24 (Investigations generally)
   175.    Amendment of s 30 (Compliance with investigation requirement)
   176.    Amendment of s 38 (Contempt of ombudsman)
   177.    Amendment of s 47 (Protection of person helping ombudsman)
   178.    Replacement of s 48 (Inadmissibility of particular document given under investigation requirement)
   179.    Amendment of s 49 (Investigations to which div 1 applies)
   180.    Replacement of s 50 (Report and recommendation)
   181.    Amendment of s 51 (Action after report making recommendations)
   182.    Insertion of new ss 78A–78C
   183.    Amendment of s 83 (Strategic review of ombudsman office)
   184.    Amendment of s 91 (Prohibiting publication of information)
   185.    Insertion of new s 92A
   186.    Insertion of new pt 12, div 4
   187.    Amendment of sch 3 (Dictionary)

   PART 21 - AMENDMENT OF PENALTIES AND SENTENCES ACT 1992

   188.    Act amended
   189.    Amendment of s 12A (Convictions for offences relating to domestic violence)

   PART 22 - AMENDMENT OF PROFESSIONAL STANDARDS ACT 2004

   190.    Act amended
   191.    Amendment of s 15 (Commencement of schemes)
   192.    Amendment of s 16 (Challenges to schemes)
   193.    Amendment of s 18 (Amendment and revocation of schemes)
   194.    Amendment of s 18A (Notice of revocation of scheme)
   195.    Amendment of s 18B (Termination of operation of interstate schemes in this jurisdiction)
   196.    Amendment of s 33 (Duration of scheme)
   197.    Amendment of s 43 (Functions of council)

   PART 23 - AMENDMENT OF PROPERTY LAW ACT 1974

   198.    Act amended
   199.    Amendment of s 57A (Effect of Act or statutory instrument)
   200.    Insertion of new pt 24

   PART 24 - AMENDMENT OF PROSTITUTION ACT 1999

   201.    Act amended
   202.    Amendment of s 46 (Variation of certificate)
   203.    Amendment of s 64E (Development approval suspended until review decided)
   204.    Amendment of s 102 (Membership)
   205.    Amendment of s 103 (Term of appointment)
   206.    Amendment of s 104 (Remuneration)
   207.    Amendment of s 106 (Vacation of office)
   208.    Insertion of new s 106A
   209.    Amendment of s 107 (Meetings)
   210.    Replacement of s 139 (Approval of forms)
   211.    Insertion of new pt 9, div 8
   212.    Amendment of sch 4 (Dictionary)

   PART 25 - AMENDMENT OF PUBLIC GUARDIAN ACT 2014

   213.    Act amended
   214.    Amendment of s 52 (When is a child a relevant child)
   215.    Amendment of s 113 (Duration of appointment as community visitor)

   PART 26 - AMENDMENT OF QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009

   216.    Act amended
   217.    Replacement of ss 131 and 132
   218.    Amendment of sch 2 (Subject matter for rules)

   PART 27 - AMENDMENT OF RETAIL SHOP LEASES ACT 1994

   219.    Act amended
   220.    Amendment of s 21F (Lessor’s failure to comply with disclosure obligation)
   221.    Amendment of s 27 (Timing and bases of rent reviews)
   222.    Insertion of new pt 12, div 4

   PART 28 - AMENDMENT OF RIGHT TO INFORMATION ACT 2009

   223.    Act amended
   224.    Amendment of s 33 (Noncompliance with application requirement)
   225.    Amendment of s 38 (Transfer of application)
   226.    Amendment of s 59 (No processing charge for personal information)
   227.    Amendment of s 70 (Precautions)
   228.    Amendment of s 73 (Deletion of irrelevant information)
   229.    Replacement of ss 74 and 75
   230.    Amendment of s 80 (Internal review)
   231.    Amendment of s 81 (Decisions that may not be reviewed)
   232.    Amendment of s 102 (Requiring a search)
   233.    Amendment of s 107 (Information commissioner to ensure proper disclosure and return of documents)
   234.    Amendment of s 114 (Vexatious applicants)
   235.    Amendment of s 128 (Support functions)
   236.    Amendment of s 186 (Strategic review of office)
   237.    Insertion of new ch 7, pt 5
   238.    Amendment of sch 1 (Documents to which this Act does not apply)
   239.    Amendment of sch 3, s 12 (Information disclosure of which prohibited by Act)
   240.    Amendment of sch 4 (Factors for deciding the public interest)
   241.    Amendment and renumbering of sch 6 (Dictionary)

   PART 29 - AMENDMENT OF SUCCESSION ACT 1981

   242.    Act amended
   243.    Amendment of s 5AA (Who is a person’s spouse)
   244.    Amendment of s 13 (How a will may be revoked)
   245.    Amendment of s 15A (Effect of end of civil partnership on a will)
   246.    Insertion of new s 15B
   247.    Amendment of s 40A (Meaning of stepchild)

   PART 30 - AMENDMENT OF SUPREME COURT LIBRARY ACT 1968

   248.    Act amended
   249.    Insertion of new s 13B

   PART 31 - AMENDMENT OF TRUSTS ACT 1973

   250.    Act amended
   251.    Amendment of s 56 (Power to delegate trusts)
   252.    Amendment of s 67 (Protection of trustees by means of advertisements)
   253.    Insertion of new pt 13

   PART 32 - AMENDMENT OF VEXATIOUS PROCEEDINGS ACT 2005

   254.    Act amended
   255.    Amendment of s 12 (Dismissing application for leave)
   256.    Insertion of new pt 4A

   PART 33 - REPEALS

   257.    Repeals

   PART 34 - OTHER AMENDMENTS

   258.    Legislation amended
           SCHEDULE 1