Queensland Numbered Acts

STATE PENALTIES ENFORCEMENT AND OTHER LEGISLATION AMENDMENT ACT 2009 NO. 48

TABLE OF PROVISIONS

           Contents

           CHAPTER 1--PRELIMINARY

   1.      Short title
   2.      Commencement

           CHAPTER 2--AMENDMENT OF STATE PENALTIES ENFORCEMENT ACT 1999 AND RELATED ACTS
           Part 1--Amendment of State Penalties Enforcement Act 1999

   3.      Act amended
   4.      Amendment of s 34 (Default in paying fine, penalty or other amount under court order)
   5.      Amendment of s 63 (Issue of enforcement warrant)
   6.      Insertion of new s 63A
           7. Insertion of new s 68A
           8. Insertion of new s 69A
           9. Amendment of s 72 (Powers under search warrant)
   10.     Insertion of new ss 73A-73K
           11. Amendment of s 75 (Issue of fine collection notice)
   12.     Amendment of s 104 (Criteria for suspending driver licence)
   13.     Insertion of new pt 5, div 7A
   14.     Amendment of s 110 (Registration of interests)
   15.     Amendment of s 111 (Order of satisfaction of fines for infringement notice offences)
   16.     Amendment of s 112 (Order of satisfaction of other amounts)
   17.     Amendment of s 113 (Order of satisfaction if more than 1 enforcement order)
   18.     Amendment of s 114 (Power of person serving fine collection notice or enforcing warrant to demand name and address etc.)
   19.     Amendment of s 115 (Effect of particular proceedings)
   20.     Amendment of s 116 (Offence of obstructing enforcement officer)
   21.     Amendment of s 117 (Offence of defacing or removing seizure tags)
   22.     Amendment of s 118 (Good behaviour order when imprisonment not appropriate)
   23.     Amendment of s 119 (Enforcement by imprisonment)
   24.     Amendment of s 136 (Instalment payment notice)
   25.     Amendment of s 137 (Enforcement order)
   26.     Insertion of new ss 146A-146D
           27. Amendment of s 147 (Effect of notices, orders and warrants)
   28.     Amendment of s 148 (Electronic transmission of particular documents)
   29.     Amendment of s 150B (Guidelines)
           29A. Amendment of s 151 (Information from commissioner of police service)
   30.     Insertion of new s 151A
           31. Amendment of s 153 (Register)
           32. Amendment of s 155 (Non-reviewable decision)
   33.     Amendment of s 157 (Evidentiary provisions)
   34.     Amendment of s 158 (Service of document)
   35.     Insertion of new s 159A
           36. Amendment of s 165 (Regulation-making power)
   37.     Amendment of s 169 (Saving of enforcement orders)
   38.     Insertion of new s 174A
           39. Amendment of sch 2 (Dictionary)
           Part 2--Amendment of Industrial Relations Act 1999
   40.     Act amended
   41.     Amendment of s 400 (Enforcement of magistrate's order)
   42.     Amendment of s 408H (Enforcement of magistrate's orders)
           Part 3--Amendment of Transport Operations (Road Use Management) Act 1995
   43.     Act amended
   44.     Amendment of s 135 (Unlawfully interfering with, or detaining, vehicles etc.)

           CHAPTER 3--AMENDMENTS RELATING MAINLY TO THE NATIONAL EXCHANGE OF CRIMINAL HISTORY INFORMATION
           Part 1--Amendment of Education (Queensland College of Teachers) Act 2005

   45.     Act amended
   46.     Amendment of s 11 (Suitability to teach—criminal history information)
   47.     Amendment of s 12 (Suitability to teach—other considerations)
   48.     Insertion of new s 12A
           49. Insertion of new s 15A
           50. Amendment of s 16 (Requirement to advise applicant of criminal history information received)
   51.     Amendment of s 65 (College's power to obtain criminal history etc. in relation to an approved teacher)
   52.     Replacement of s 91 (Definition for ch 5)
   53.     Amendment of s 112 (Reporting of offences)
   54.     Amendment of s 124 (Constitution of QCAT for disciplinary proceedings)
   55.     Amendment of s 282 (Definition for pt 1)
   56.     Amendment of s 283 (Confidentiality of particular information)
   57.     Amendment of s 286 (College may enter into information sharing arrangement with commissioner of police)
   58.     Amendment of s 287 (Other information sharing agreements)
   59.     Insertion of new ch 12, pt 10
   60.     Amendment of sch 3 (Dictionary)
           Part 2--Amendment of Police Service Administration Act 1990
   61.     Act amended
   62.     Amendment of s 1.4 (Definitions)
   63.     Insertion of new s 5AA.1A
           64. Insertion of new s 10.2AA
           65. Amendment of s 10.2G (Definitions for div 1A)
   66.     Insertion of new pt 10, div 1B
   67.     Insertion of new pt 11, div 5
           Part 3--Amendment of Police Service Administration Regulation 1990
   68.     Regulation amended
   69.     Insertion of new pt 7E

           CHAPTER 4--QCAT AMENDMENTS
           Part 1--Amendment of Queensland Civil and Administrative Tribunal Act 2009

   70.     Act amended
   71.     Amendment of s 2 (Commencement)
   71A.    Amendment of s 97 (Requiring witness to attend or produce document or thing)
   72.     Amendment of s 128 (Procedural defects etc.)
   73.     Amendment of s 132 (Non-monetary decisions)
   74.     Amendment of s 166 (Constitution of appeal tribunal)
   75.     Amendment of s 167 (Choosing persons)
   75A.    Amendment of s 195 (Functions generally)
   76.     Insertion of new s 198A
           77. Amendment of s 203 (Removal from office)
   78.     Amendment of s 210 (Principal registrar)
   79.     Amendment of s 211 (Registrar)
           80. Amendment of s 212 (Principal registrar must disclose interests)
   81.     Amendment of s 216 (False or misleading information)
   82.     Amendment of s 218 (Contempt of tribunal)
   83.     Amendment of s 220 (Tribunal may exclude person)
   84.     Amendment of s 228 (Oath of office)
   85.     Amendment of s 233 (Confidentiality generally)
   86.     Amendment of s 234 (Further limitation on disclosure to a court etc.)
   87.     Amendment of s 237 (Immunity of participants etc.)
   88.     Amendment of s 238 (Protection from civil liability)
   89.     Insertion of new s 242A
           90. Amendment of s 263 (Transferring membership of particular members)
   91.     Amendment of s 268 (Proceeding started)
   92.     Insertion of new s 277A
           93. Amendment of sch 2 (Subject matter for rules)
   94.     Amendment of sch 3 (Dictionary)
           Part 2--Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009
   95.     Act amended
   96.     Amendment of s 11 (Insertion of new pt 3A)
   97.     Insertion of new s 559A
           98. Replacement of s 564 (Omission of ss 414-421)
           99. Amendment of s 565 (Amendment of schedule (Dictionary))
   100.    Replacement of s 699 (Amendment of s 500B (How to start a proceeding))
   100A.   Insertion of new s 723A
           101. Amendment of s 724 (Replacement of ch 5 (Racing Appeals Tribunal))
   102.    Replacement of ch 5, pt 79 (Amendment of Wine Industry Regulation 1995)
   103.    Replacement of s 1047 (Replacement of s 213 (Chairperson to allocate matters))
   104.    Amendment of s 1273 (Amendment of s 189 (Appeals to Commercial and Consumer Tribunal about decisions under pt 3))
   105.    Amendment of s 1293 (Insertion of new ch 16, pt 3A)
   106.    Amendment of s 1466 (Replacement of ss 163-165)
           107. Replacement of s 1519 (Insertion of new s 462A)
           108. Insertion of new s 1555A
           109. Replacement of s 1556 (Amendment of s 53J (Practice direction))
   110.    Amendment of s 1557 (Amendment of s 53K (Referring application or matter))
   111.    Amendment of s 1844 (Insertion of new ss 8-10)
           112. Amendment of s 1886 (Amendment of s 68 (Notice of decision))
   113.    Amendment of s 1892 (Insertion of new pt 14)
           Part 3--Amendment of Adoption Act 2009
   114.    Act amended
   115.    Amendment of s 29 (Declaration of tribunal whether an adult parent has capacity to consent)
   116.    Amendment of s 30 (Appointment of guardian for adult parent without capacity to consent)
   117.    Amendment of s 39 (Court may dispense with need for consent)
   118.    Amendment of s 148 (Appeal from decision that information is investigative information)
   119.    Amendment of s 175 (Consents and pre-consent counselling and information)
   120.    Insertion of new pt 14A
   121.    Amendment of s 319 (Right of review against particular decisions)
   122.    Amendment of s 335 (Review of decision to remove name from adoption list)
   123.    Amendment of s 337 (Uncompleted review of decision to remove persons from expression of interest register)
   124.    Amendment of sch 3 (Dictionary)
           Part 4--Amendment of Body Corporate and Community Management Act 1997
   125.    Act amended
   126.    Amendment of s 279 (Interim orders in context of adjudication)
           Part 5--Amendment of Child Protection Act 1999
   127.    Act amended
   128.    Amendment of s 99H (Constitution of tribunal)
           Part 6--Amendment of Crime and Misconduct Act 2001
   129.    Act amended
   129A.   Amendment of s 50 (Commission may prosecute official misconduct)
   130.    Amendment of ss 56 and 174
           131. Amendment of ss 76, 78A, 79, 187, 191 and 195A
           132. Amendment of s 78 (Procedure for documents subject to claim of privilege)
   133.    Amendment of s 86 (Search warrant applications)
   134.    Amendment of s 109 (Definitions for pt 5)
   135.    Amendment of s 119B (Application of part 5A)
   136.    Amendment of s 119K (What suspension order must state)
   137.    Amendment of s 124 (Issue of surveillance warrant)
   138.    Amendment of s 130 (Disclosure of information obtained using surveillance warrant)
   139.    Amendment of s 146K (Protection from liability)
   140.    Amendment of s 166 (Register of warrants, warrant applications etc.)
   141.    Amendment of s 170 (Provision for overnight detention)
   142.    Amendment of s 227 (Advertising and nominations for appointment)
   143.    Amendment of s 230 (Appointment of part-time commissioners)
   144.    Amendment of ss 326 and 339
           145. Amendment of sch 2 (Dictionary)
           Part 7--Amendment of Fisheries Act 1994
   146.    Act amended
   147.    Amendment of s 186 (Constitution of tribunal)
           Part 8--Amendment of Food Act 2006
   148.    Act amended
   149.    Insertion of new s 240
           Part 10--Amendment of Integrated Resort Development Act 1987
   153.    Act amended
   154.    Replacement of s 175W (CCT jurisdiction)
   155.    Amendment of s 175X (CCT jurisdiction)
   156.    Amendment of s 179B (Dealing with matter relating to development control by-law)
   157.    Amendment of s 179C (Internal dispute resolution processes to be used before application)
   158.    Amendment of sch 7 (Dictionary)
           Part 10A--Amendment of Land Tax Act 1915
   158A.   Act amended
   158B.   Amendment of pt 5 hdg (Grounds of objection or appeal)
   158C.   Amendment of s 28 (Restriction on grounds of appeal)
           Part 11--Amendment of Local Government Act 2009
   159.    Act amended
   160.    Insertion of new ch 6, pt 5, div 4
   161.    Amendment of s 270 (Regulation-making power)
           Part 12--Amendment of Nursing Act 1992
   162.    Act amended
   163.    Amendment of s 87 (Assessors to assist tribunal)
           Part 13--Amendment of Pest Management Act 2001
   164.    Act amended
   165.    Insertion of new s 107
           Part 14--Amendment of Plumbing and Drainage Act 2002
   166.    Act amended
   167.    Amendment of s 70B (Constitution of QCAT)
           Part 15--Amendment of Police Powers and Responsibilities Act 2000
   168.    Act amended
   169.    Amendment of s 207 (What suspension order must state)
           Part 16--Amendment of Private Health Facilities Act 1999
   170.    Act amended
   171.    Insertion of new s 130
           Part 17--Amendment of Property Agents and Motor Dealers Act 2000
   172.    Act amended
   173.    Amendment of s 477 (Inspector may investigate claims and report and related documents may be referred to the tribunal)
   174.    Replacement of s 598 (Approved forms)
           Part 18--Amendment of Public Health (Infection Control for Personal Appearance Services) Act 2003
   175.    Act amended
   176.    Insertion of new s 123
           Part 19--Amendment of Queensland Building Services Authority Act 1991
   177.    Act amended
   178.    Amendment of s 95 (Expedited hearing of domestic building disputes)
           Part 20--Amendment of Radiation Safety Act 1999
   179.    Act amended
   180.    Insertion of new s 187
           Part 21--Amendment of Retail Shop Leases Act 1994
   181.    Act amended
   182.    Amendment of s 17 (Application of Act to leases of service stations)
   183.    Amendment of s 63 (Reference of dispute—by mediator)
           Part 22--Amendment of Sanctuary Cove Resort Act 1985
   184.    Act amended
   185.    Amendment of s 4 (Definitions)
   186.    Replacement of s 94T (CCT jurisdiction)
   187.    Amendment of s 94U (CCT jurisdiction)
   188.    Amendment of s 104B (Dealing with matter relating to development control by-law)
   189.    Amendment of s 104C (Internal dispute resolution processes to be used before application)
           Part 23--Amendment of Taxation Administration Act 2001
   190.    Act amended
   191.    Amendment of s 29B (Application to withdraw electronic payment notice)
   192.    Amendment of s 61 (Interest on particular overpayments following court's decision)
   193.    Amendment of s 143B (Application to withdraw electronic communication notice)
   194.    Amendment of s 153C (Commissioner may require payment of penalty)
   195.    Amendment of sch 2 (Dictionary)
           Part 24--Amendment of Veterinary Surgeons Act 1936
   196.    Act amended
   197.    Amendment of s 15B (Constitution of tribunal)

           CHAPTER 5--OTHER AMENDMENTS
           Part 1--Amendment of Classification of Computer Games and Images Act 1995

   198.    Act amended
   199.    Amendment of s 12 (Advertisement to contain determined markings and consumer advice)
   200.    Amendment of s 30 (Appointment of inspectors)
   201.    Amendment of s 51 (Obstructing inspector)
   202.    Amendment of sch 2 (Dictionary)
           Part 2--Amendment of Classification of Films Act 1991
   203.    Act amended
   204.    Amendment of s 4 (Inspectors and films classification officer)
   205.    Amendment of s 27 (Advertisement to contain determined markings and consumer advice)
   206.    Amendment of s 28 (False advertising of films prohibited)
   207.    Amendment of s 56 (Approval of organisation)
           Part 3--Amendment of Classification of Publications Act 1991
   208.    Act amended
   209.    Amendment of s 3 (Definitions)
   210.    Amendment of s 5 (Inspectors)
           211. Amendment of s 6A (Delegation by publications classification officer)
   212.    Amendment of s 11C (Publications for which display order may be made)
           Part 4--Amendment of Disability Services Act 2006
   213.    Act amended
   214.    Amendment of s 241 (Interpretation)
           Part 5--Amendment of Guardianship and Administration Act 2000
   215.    Act amended
   216.    Amendment of s 29 (Other review of appointment)
   217.    Amendment of s 265 (Powers of guardians—use of restrictive practices)
   218.    Insertion of new ch 12, pt 10
           Part 6--Amendment of Information Privacy Act 2009
   219.    Act amended
   220.    Amendment of s 50 (Decision-maker for application to agency)
   221.    Amendment of s 51 (Decision-maker for application to Minister)
   222.    Amendment of s 69 (Information as to existence of particular documents)
   223.    Amendment of s 94 (Internal review)
   224.    Amendment of s 120 (Information commissioner to ensure proper disclosure and return of documents)
   225.    Insertion of ch 8, pt 1 hdg
   226.    Insertion of new ch 8, pt 2
           Part 7--Amendment of Right to Information Act 2009
   227.    Act amended
   228.    Amendment of s 30 (Decision-maker for application to agency)
   229.    Amendment of s 31 (Decision-maker for application to Minister)
   230.    Amendment of s 55 (Information as to existence of particular documents)
   231.    Amendment of s 80 (Internal review)
   232.    Amendment of s 107 (Information commissioner to ensure proper disclosure and return of documents)
   233.    Replacement of ch 7, pt 2, hdg (Transitional provisions)
   234.    Insertion of new ch 7, pt 3
           Part 8--Amendment of Superannuation (State Public Sector) Act 1990
   235.    Act amended
   236.    Amendment of s 3 (Establishment of board)
   237.    Insertion of new s 6DAA
           238. Amendment of s 6I (Conduct of meetings)