Media/News/Publishing [Queensland, Australia]

2016-16 – APL Monthly Update Log for May 2016

Introduction

The Free Legal Education summaries found in Access Point Law are updated monthly by the author. The following are the Queensland law change highlights for the month of May 2016.

Disclaimer

The information published in this section has been provided free for the benefit of the public and does not act as advice to any individual or other entity. If you require advice relating to your situation, go visit your professional adviser. The author and any third party advertising in this section expressly disclaim all liability for loss or damage arising from your use or reliance on the information published at any time in this section.

2 June 2016

New subsection 25B(3) of the Births, Deaths and Marriages Registration Act 2003: If 2 persons make a declaration of civil partnership before a civil partnership notary other than the registrar, the notary must give special notice to the government within 14 days after the day the declaration is made.

After a rewrite to section 44 of the Births, Deaths and Marriages Registration Act 2003, a copy of a source document obtained under this Act may now be admissible in proceedings as evidence of its contents.

Schedule 2 of the Births, Deaths and Marriages Registration Act 2003 contains a new definition for ‘disposal (of human remains)’.

Section 26A of the Corrective Services Act 2006 has been amended to introduce stronger notice requirements for those in custody wishing to enter into a civil relationship.

Section 5 of the Crime and Corruption Act 2001 has been amended so that the Crime and Corruption Commission has a new function, that is, to help units of public administration to deal effectively and appropriately with corruption by increasing their capacity to do so. (See also amended section 33 of the Act).

Section 36 of the Crime and Corruption Act 2001 has been amended to relax the complaint process so that complaints no longer require a statutory declaration.

Tick or cross voting for the 1st candidate has been removed as a voting option – see section 122 of the Electoral Act 1992.

There is a new Chapter 7, Part 5, Division 2 of the Environmental Protection Act 1994 which allows the issue of environmental protection orders to related persons of companies (commencing section 363AA of the Act).

[In 12 months from commencement], the proprietor of the standard food outlet (of a prescribed licensable food business) must ensure that prescribed nutritional information is displayed for standard food items sold at the outlet pursuant to section 164E of the Food Act 2006. For the definition of ‘standard food item’, refer to section 164C of the Act. For the definition of ‘standard food outlet’, refer to section 164D of the Act.

The Office of the Training Ombudsman may receive complaints on referable matters, including, the provision of vocational education and training by a relevant training entity in Queensland, the quality of vocational education and training provided by a relevant training entity in Queensland, and a matter relating to an apprenticeship or traineeship in Queensland (among other matters) – refer to section 112D of the Further Education and Training Act 2014.

The definition of liquor contained within section 4B of the Liquor Act 1992 has been streamlined and the example now includes powders.

Section 14B of the Liquor Act 1992 which deals with exemptions for the sale of liquor has been amended. The ‘bed and breakfast’ exemption now provides for 8 guests when previously it was limited to 6 guests.

A licensee or permittee for licensed premises or premises to which a permit relates must not, during the restricted period, sell or supply a rapid intoxication drink at the premises – see new section 155AI of the Liquor Act 1992. An exemption may be applied for pursuant to section 155AJ of the Act. For the definition of ‘rapid intoxication drink’, refer to section 155AG of the Act. For the definition of ‘restricted period’, refer to section 155AH of the Act.

New subsection 9(10A) has been inserted into the Penalties and Sentences Act 1992. It reads as follows: “In determining the appropriate sentence for an offender convicted of a domestic violence offence, the court must treat the fact that it is a domestic violence offence as an aggravating factor, unless the court considers it is not reasonable because of the exceptional circumstances of the case.”

Section 15 of the Penalty and Sentences Act 1992 now makes it clear that the court may now receive a sentencing submission made by a party to the proceedings. New subsection 15(3) defines a ‘sentencing submission’ to mean a submission stating the sentence, or range of sentences, the party considers appropriate for the court to impose.

Rule 19 of the Queensland Civil and Administrative Tribunals Rules 2009 has been amended to provide an updated prescribed period for providing notice of an application to another entity. For a minor debt claim, notice of 90 days may be required.

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