2016-18 – APL Monthly Update Log for July 2016
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 July 2016.
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.
1 August 2016
Section 32 of the Animal Care and Protection Act 2001 relating to animal blood sports has been strengthened in its wording.
Pursuant to new section 215A of the Animal Care and Protection Act 2001, a person is not liable, civilly, criminally or under an administrative process, for giving information, honestly and in good faith, to an inspector that the person reasonably believes may help with an investigation of an animal welfare offence.
There are new restrictions relating to pigs, see new regulation 13A of the Animal Care and Protection Regulation 2012 – Restrictions on housing pigs in stall & new regulation 13B – Restriction on housing pigs in farrowing crate.
New section 197A has been inserted into the Animal Management (Cats and Dogs) Act 2008 which allows the destruction of particular dogs in rural areas not under control, attacking or about to attack an animal.
New sections 45A, 46B and 46A have been inserted into the Biosecurity Act 2014 and section 46 has been modified. The provisions relating to restricted animal feed have been tightened.
The Biosecurity Regulation 2016 was introduced and includes two new codes of practice: 1) Code of practice about labelling of fertilisers and contaminants in fertilisers & 2) Code of practice for feed about food producing animals – see regulations 6 and 8.
Pursuant to new section 189C of the Child Protection Act 1999, the Director of Child Protection Litigation has a (general) duty to disclose, to each other party, all documents in their possession or control that are relevant to a proceeding for a child protection order.
Section 191 of the Child Protection Act 1999 has been strengthened in relation to when documents/information may be refused to be disclosed by the Director of Child Protection Litigation/Government.
New section 20 of the Childrens Court Act 1992 prescribes who may be present at a court proceeding. It replaces a division which previously provided for closed and open proceedings.
The Childrens Court Rules 1997 has been replaced with the Childrens Court Rules 2016.
Previous section 105 of the Duties Act 2001 has been split into new sections 105 and 105A. Primary production business property transfers are exempted from duty (without a gifting requirement).
The amount of the first home owners grant for 2016-17 is provided by new sections 25D and 25E of the First Home Owner Grant Act 2000.
Permissible extended trading hours have generally now been restricted to 12am to 2am; previously was 12am to 5am; exceptions still apply– see section 86 of the Liquor Act 1992.
Pursuant to new section 162B of the Liquor Act 1992: A person must not take liquor into the area governed by a commercial public event permit while the permit is in force. A similar provision has been introduced for community liquor permits – see section 162C of the Liquor Act 1992.
New regulation 41B of the Liquor Regulation 2002 extends the definition of ‘rapid intoxication drink’ for the purposes of section 155AG of the Liquor Act 1992.
The value of a penalty unit has increased from $117.80 to $121.90 – see regulation 3 of the Penalties and Sentences Regulation 2015.
Section 180 of the Residential Tenancies and Rooming Accommodation Act 2008 now makes provision for the department or a community housing guarantor to give a tenancy guarantee for a residential tenancy agreement between a lessor and a tenant.
New sections 458A & 458B of the Residential Tenancies and Rooming Accommodation Act 2008 introduces new tenancy database notice provisions for lessors. Further, section 459 of the Act has been amended to give the tenant an opportunity to make submissions against a potential listing in a tenancy database. Further to that amended section, no listing is allowed for personal information that is inaccurate, incomplete, ambiguous or out of date.
A police officer may now refer a child offender to a restorative justice process (for conference agreement, alternative diversion process) pursuant to sections 11 and 22 of the Youth Justice Act 1992. Previously the referral was to a youth justice conference (for youth justice agreement).
New subsection 47(2) of the Youth Justice Act 1992: “A review of a sentence order under part 6, division 9 is an appeal for the purposes of the Bail Act 1980.”
The section 59A subsequent offence whilst on bail offence against the Youth Justice Act 1992 has been repealed.
New Subdivision 4 of Part 6 allows an application to a Childrens Court judge to review a sentence order by a Childrens Court magistrate – see section 118 of the Youth Justice Act 1992 onwards.
Section 148 of the Youth Justice Act 1992 has been strengthened so that unrecorded child convictions are not taken into account when sentencing an adult.
New special consideration when sentencing a child for an offence set forth by new subparagraph 150(1)(e) of the Youth Justice Act 1992 – a detention order should be imposed only as a last resort and for the shortest appropriate period.
Pursuant to new subsection 150(4A) of the Youth Justice Act 1992, the court may receive a sentencing submission by a party to the proceedings (when sentencing a child for an offence).
Section 162 of the Youth Justice Act 1992 introduces new key provisions. If a child enters a plea of guilty for an offence in a proceeding before a court, the court must consider referring the offence to the chief executive for a restorative justice process instead of sentencing the child. If a finding of guilt for an offence is made against a child before a court, the court must consider referring the offence to the chief executive for a restorative justice process to help the court make an appropriate sentence order. Section 163 sets out when the court may refer an offence to the restorative justice process.
When a child is found guilty of an offence before a court, the court may order new sentencing options pursuant to amended section 175 of the Youth Justice Act 1992: restorative justice agreement & restorative justice process.
Boot camp orders have been removed from the Youth Justice Act 1992 – Sections 206A, 206B & 226B have been removed from the Act.
Section 208 has been added to the Youth Justice Act 1992: A court may make a detention order against a child only if the court, after: considering all other available sentences; and taking into account the desirability of not holding a child in detention; is satisfied that no other sentence is appropriate in the circumstances of the case.
Amended section 276D of the Youth Justice Act 1992 allows for an application for a temporary delay of transfer to a corrective services facility (for youth turning adult).
Section 301 of the Youth Justice Act 1992 has been amended so that a person must not publish identifying information about a child; previously served to protect first-time offender only.
New Acts have been introduced, namely, the Director of Child Protection Litigation Act 2016, National Injury Insurance Scheme (Queensland) Act 2016, Planning Act 2016 & Racing Integrity Act 2016. The Stock Act 1915 has been repealed – it has largely been replaced with the Biosecurity Act 2014.