JUSTICE AND ATTORNEY- GENERAL LEGISLATION (MISCELLANEOUS PROVISIONS) BILL 1993 enc supply stock. "1 Cie tt oe — Deputy Clerk of the Parliament ( Procedure) Queensland JUSTICE AND ATTORNEY-GENERAL LEGISLATION (MISCELLANEOUS PROVISIONS) BILL 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short tile ooo cece cn rece ee eee eee e en eeeee PART 2—AMENDMENT OF DISTRICT COURTS ACT 1967 2 Amended Act 0.0... ccc ccc cece e ee eee eterna nee ner eneeeeeee Insertion Of new S.L1A 2... ee cece een teen eeene LIA Leave of absence «0.6... cece cece etn eeee PART 3—AMENDMENT OF EVIDENCE ACT 1977 4 Amended Act 0.0.0... 0... e cece eee tree tenet een eee eens 5 Replacement of s.55 (Proof of incorporation of company).............. 55 Proof of incorporation or registration of company in Queensland . . PART 4—AMENDMENT OF JUSTICES ACT 1886 6 Amended Act 0.0.0... 0c ccc eee eee eee eet eee 7 Insertion Of NEW S.269 6... cece eee eee eee ence eee eee 269 Declaration about effect of Penalties and Sentences Act 1992... . PART 5—AMENDMENT OF PARTNERSHIP (LIMITED LIABILITY) ACT 1988 10A Liability for limited partnerships formed under Comresponding laWS . 6... 66 ect ett eens PART 6—MINOR AMENDMENTS 10 Amended Acts ......... 0c cece eee eee eee teen t eee ete ee eens Justice and Attorney-General Legislation (Miscellaneous Provisions) A BILL FOR An Act to amend various Acts administered by the Minister for Justice and Attorney-General and the Minister for the Arts ) i ~~ ndered olor e cel wn ba + 4 T. agen ty Justice and Attorney-General Legislation (Miscellaneous Provisions) The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title Clause 1. This Act may be cited as the Justice and Attorney-General Legislation (Miscellaneous Provisions) Act 1993, PART 2—AMENDMENT OF DISTRICT COURTS ACT Amended Act Clause 2. The District Courts Act 1967 is amended as set out in this Part. Insertion of new s.11A Clause 3. After section 11— tnserti— 'Leave of absence *11A. The Governor in Council may grant leave of absence to a Judge.'. PART 3—AMENDMENT OF EVIDENCE ACT 1977 Amended Act Clause 4. The Evidence Act 1977 is amended as set out in this Part. vp WwW it1317 Clause Clause Clause Justice and Attorney-General Legislation (Miscellaneous Provisions) Replacement of s.55 (Proof of incorporation of company) 5. Section 55— omit, insert— 'Proof of incorporation or registration of company in Queensland '55.(1) Evidence of the incorporation of a company incorporated or registered in Queensland may be given by the production of a certificate of the incorporation or registration of the company that purports to be given by the Australian Securities Commission (the "Commission"') or the delegate or an officer of the Commission. '(2) The date of incorporation or registration mentioned in the certificate is evidence of the date on which the company was incorporated or registered. '(3) A document that purports to be— (a) acopy of, or extract from, a document kept and registered in the office of the Commission in Queensland; and (b) certified by the Commission or the delegate or an officer of the Commission; is admissible in evidence in all cases in which the original document is admissible and for the same purposes and to the same extent.'. PART 4—AMENDMENT OF JUSTICES ACT 1886 Amended Act 6. The Justices Act 1886 is amended as set out in this Part. Insertion of new s.269 7. After Section 268— insert— OPMYAHA A LP WwW NH 12 15 17 19 22 24 Justice and Attorney-General Legislation (Miscellaneous Provisions) 'Declaration about effect of Penalties and Sentences Act 1992 '269. To remove doubt, it is declared that, on and from the commencement of the Penalties and Sentences Act 1992 as originally enacted, other than as expressly provided by the Schedule to that Act, nothing in that Act amended or repealed any provision of this Act, by implication or otherwise.'. PART 5—AMENDMENT OF PARTNERSHIP (LIMITED LIABILITY) ACT 1988 Amended Act Clause 8. The Partnership (Limited Liability) Act 1988 is amended as set out in this Part. Insertion of new s.10A Clause 9. After section 10— insert— 'Liability for limited partnerships formed under corresponding laws $10A.(1) In this section— "corresponding law" means a law of another State, a Territory or a foreign country that is declared by regulation to be a corresponding law for the purposes of this Act; "fimited partner', in a recognised limited partnership, means a partner in the partnership whose liability is limited under the corresponding law applying to the partnership; "recognised limited partnership" means a partnership formed under a corresponding law. '(2) A limitation under a corresponding law on the liability of a limited partner in a recognised limited partnership extends to any liability incurred Rati wohdNd ea 11 1315182124 26 Justice and Attorney-General Legislation (Miscellaneous Provisions) in connection with the conduct of the partnership's business in this State. 1 (3) The law of another State or a Territory may be declared to be a 2 corresponding law only if the Governor in Council is satisfied — 3 (a) that the law is similar to this Act; and 4 (b) that under the Jaw the limitation of liability of limited partners in a 5 limited partnership formed under this Act extends to any liability 6 incurred in connection with the conduct of the partership's 7 business in the State or Territory. 8 '(4) The law of a foreign country may be declared to be a corresponding 9 law only if the Governor in Council is satisfied that the law provides for the 10 limitation of liability for parmers or certain partners in certain partnerships'. 11 PART 6—MINOR AMENDMENTS 12 Amended Acts 13 Clause 10. Each Act mentioned in the Schedule is amended as set out in the 14 Schedule. 15 Justice and Attommey-General Legislation (Miscellaneous Provisions) SCHEDULE MINOR AMENDMENTS section 10 BAIL ACT 1980 Amendment 1. Section 11(2)— omit 'member', insert 'police officer'. COMMERCIAL ARBITRATION ACT 1990 Amendment 1. Section 3(7)— omit 'Insurance Act 1860-1976', insert 'Insurance Act 1960". JUSTICES ACT 1886 Amendments 1. Section 4(2)— omit. 2. Section 40(2)— omit, insert— *(2) A person convicted under subsection (1) is liable to a maximum 11 1417 Justice and Attorney-General Legislation (Miscellaneous Provisions) SCHEDULE (continued) penalty of 2 penalty units or imprisonment for 14 days.'. 3. Section 102F(1) (penalty paragraphs (a) and (b))— omit, insert— 'Maximum penalty—4 penalty units or imprisonment for 6 months.'. 4. Section 154— omit 'a Children's Court', insert 'the Childrens Court'. 5. Part 6, Division 7— omit. PARTNERSHIP (LIMITED LIABILITY) ACT 1988 Amendment 1. Section 28— omit, insert— 'Regulations '28.(1) The Governor in Council may make regulations for the purposes of this Act. '(2) A regulation may be made with respect to— (a) the particulars to be specified in a statement or notice filed with the registrar; or (b) the keeping of the registered office of a limited partnership; or (c) the forms to be used under this Act; or (d) the fees payable under this Act.'. 1113 15 18 20 Justice and Attorney-General Legislation (Miscellaneous Provisions) © Te State of Queenstand 1993 BY AUTHORITY VR. WARD, GOVERNMENT PRINTER, QUEENSLAND—1993 143868