Media/News/Publishing [Queensland, Australia]

2016-19 – APL Monthly Update Log for August-December 2016

Introduction

The Free Legal Education summaries found in Access Point Law were updated monthly by the author. The following are the Queensland law change highlights for the period: August-December 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.

25 December 2016

The Island Industries Board is now called Community Enterprises Queensland – see section 60A of the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984.

A person may make an expression of interest in being assessed for suitability to be an adoptive parent – see amended section 68 of the Adoption Act 2009. The expression of interest process was previously limited to couples under the former wording.

Suitability for entry into the adoption expression of interest register has been amended – fertility treatments are no longer taken into account plus it appears that gender discrimination has ended for spouses – see section 76 of the Adoption Act 2009. Further, section 101 now specifies that pregnancy affects listing eligibility when a person is pregnant for at least 14 weeks.

Long-term guardians of a child now have the right to apply for a final adoption order pursuant to section 188 of the Adoption Act 2009. The application was previously limited to approved carers of the child.

Section 12 of the Agricultural Chemicals Distribution Control Act 1966 has been expanded to cover chemical distribution licensing for unmanned aircraft or UAV.

The Child Employment Regulation 2016 replaces the Child Employment Regulation 2006. The regulation has been significantly revised. There are new provisions on children leaving the workplace.

New section 4A has been inserted into the Constitution of Queensland 2001: A Bill (to amend the constitution) must not be presented to the Governor for assent unless the Bill has been passed by an absolute majority of the Legislative Assembly.

New section 26B has been inserted into the Constitution of Queensland 2001: The Legislative Assembly must ensure each Bill for an Act that is proposed for enactment is referred to a portfolio committee, or another committee of the Legislative Assembly, for examination by the committee.

The crime of ‘Unlawful sodomy’ has been removed from the Queensland Criminal Code – former section 208 of Schedule 1 of the Criminal Code Act 1899.

There are 2 new crimes relating to administering/promoting child exploitation websites – see new sections 228DA & 228DB of Schedule 1 of the Criminal Code Act 1899.

New Chapter 4 of the Duties Act 2001 introduces a new duty called ‘additional foreign acquirer duty’ – see section 230 of the Act onwards. For when the duty is imposed, see section 240 of the Act.

Prep school may now be considered a pre-requisite to year 1 enrolment pursuant to newly added subsection 156(1A) of the Education (General Provisions) Act 2006. Note: Some exceptions apply as set out in the subsection. See also a similar rule by virtue of new section 175M of the Act.

The declaration applying to recreational fishers allowing the taking of regulated coral reef fin fish by fishing line, rod, spear or spear gun has been removed from the Fisheries Regulation 2008 – was former regulation 199.

The Food Regulation 2016 replaces Food Regulation 2006. The regulation contains new rules relating to nutritional information display – refer to regulations 7 to 12.

A new craft beer producer permit has been introduced allowing the sale and/or supply of craft beer at promotional events – see section 103W of the Liquor Act 1992 onwards. For a restriction on the sale of craft beer, refer to new section 148AB of the Act.

The Queensland Sentencing Advisory Council is re-established – see section 198 of the Penalties and Sentences Act 1992 onwards.

There is a new Part 9D of the Penalties and Sentences Act 1992 dealing with the sentencing of serious and organised crime, in particular criminal organisations – see section 161N onwards. Where the Part applies, a term of imprisonment must be imposed pursuant to section 161R of the Act and a control order made pursuant to section 161V of the Act.

The police powers to use drug and explosive detection dogs have been expanded to cover generic situations – see amended section 35 of the Police Powers and Responsibilities Act 2000.

A consumer (of residential construction work) may obtain optional additional cover for residential construction work if a licensed contractor paid an insurance premium for the work – see new section 67Z of the Queensland Building and Construction Commission Act 1991. For the Terms of Cover, refer to new Schedule 2C of the Queensland Building and Construction Commission Regulation 2003.

Part 5 of the Queensland Building and Construction Commission Act 1992 has been significantly adjusted in relation to statutory insurance scheme coverage (for licenced contractors). Refer to section 67WA of the Act onwards. For the Terms of Cover, refer to new Schedule 2C of the Queensland Building and Construction Commission Regulation 2003.

New regulation 4A of the Queensland Civil and Administrative Tribunal Regulation 2009 introduces a fee for a counter-application.

A significant revamp of the Retail Shop Leases Act 1994 and its regulations was carried out – see new Act summary for Free Legal Rights Information.

New smoking restrictions have been added to the Tobacco and Other Smoking Products Act 1998. Restrictions now apply to residential aged care facilities, government precincts, outdoor pedestrian malls and public transport waiting points – see sections 26VW, 26ZD, 26ZKA & 26ZKB of the Act.

A significant revamp of the Transport Operations (Marine Safety) Act 1994 and its regulations was carried out. There are new life jacket categories – life jacket levels 50, 50S and 100. New regulation 43 of the Transport Operations (Marine Safety) Regulation 2016 specifies that a Queensland regulated ship must not be sold without a fixed builders plate. Note: Exceptions apply.

The Transport Operations (Passenger Transport) Act 1994 has been updated to cater for driver operated ‘booked hire service’. A new Part 7A has been added to the Transport Operations (Passenger Transport) Regulation 2005 – see regulations 117A-117D.

Section 4 of the Transport Operations (Road Use Management – Driver Licensing) Regulation 2010 has been amended so that the holder of a class RE provisional, probationary or open licence is authorised to learn to ride a class R motorbike, if the holder has held a class RE provisional, probationary or open licence for at least 2 years. The former time period was at least 1 year.

New chapter 4A of the Workers’ Compensation and Rehabilitation Act 2003 has been introduced. The object of this chapter is to ensure that a worker who sustains a serious personal injury receives necessary and reasonable treatment, care and support – see section 232H of the Act onwards. Section 232M allows the worker to ask the insurer for the relevant payment. For the definition of ‘serious personal injury’, refer to Schedule 6 of the Act. It is also worthy to note that a corresponding new Part 5A has been added to the Workers’ Compensation and Rehabilitation Regulation 2014.

The Youth Justice Regulation 2003 has been replaced with the Youth Justice Regulation 2016.

2 Acts have been repealed, namely, the Criminal Organisation Act 2006 & the Vicious Lawless Association Disestablishment Act 2013.

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