Queensland JUSTICE AND OTHER LEGISLATION (MISCELLANEOUS PROVISIONS) BILL 2000 JUSTICE AND OTHER LEGISLATION (MISCELLANEOUS PROVISIONS) BILL TABLE OF PROVISIONS Section Page 1 Short title 2.0... 0. eee eee 4 2 Commencement ............ 0.00 cece eee eee 4 3 Acts amended .... 0.2.0... eee eee eee 4 4 Repeal... 0... eee ee 4 SCHEDULE ......................... 5 AMENDMENTS OF ACTS ACTS INTERPRETATION ACT 1954.2... 0.0.02. 5 AUSTRALIAN CONSULAR OFFICERS' NOTARIAL POWERS AND EVIDENCE ACT 1946... 2.0... eee 7 CHILDRENS COURT ACT 1992 .............. 0.0 eee eee eee 8 CRIMINAL CODE ......... 0.000002 9 DRUG REHABILITATION (COURT DIVERSION) ACT 2000 ......... 9 EVIDENCE ACT 1977 ... 00... 10 EVIDENCE AND DISCOVERY ACT 1867 ..............02....00005 12 FREEDOM OF INFORMATION ACT 1992 .............00...000000. 12 JUDGES (PENSIONS AND LONG LEAVE) ACT 1957 ............... 13 JUDGES (SALARIES AND ALLOWANCES) ACT 1967 ............. 13 JUDICIAL REVIEW ACT 1991.2... eee 14 JUSTICES ACT 1886 ... 0.0... 22 eee eee 14 LAW REFORM ACT 1995 1.2... eee ee 15 MAGISTRATES COURTS ACT 1921 ..... 0.0.22 cee eee 16 MAINTENANCE ACT 1965)... 2. ee eee ee 16 Justice and Other Legislation (Miscellaneous Provisions) OATHS ACT 1867... 0... eee eee nee nee eens 16 PENALTIES AND SENTENCES ACT 1992 1.0.2... eee eee eee 17 PROPERTY LAW ACT 1974 2.0... eects 17 PUBLIC TRUSTEE ACT 1978 2.1... 2.0... eee ences 18 ROYAL QUEENSLAND THEATRE COMPANY ACT 1970 ........... 19 STATE PENALTIES ENFORCEMENT ACT 1999 ..............-00-5 20 STATUTORY INSTRUMENTS ACT 1992 ........... 000-000 eee eee 25 STIPENDIARY MAGISTRATES ACT 1991.10.00... eee eee eee eee 25 SUPREME COURT ACT 1995 12... 0... cece eee 29 SUPREME COURT OF QUEENSLAND ACT 1991 ................-. 31 TRUST ACCOUNTS ACT 1973 12.0... cee eee eects 31 TRUSTEE COMPANIES ACT 1968 ......... 0.00. c eee ene eee nee 32 TRUSTS ACT 1973) o.oo eens 33 A BILL FOR An Act to make various amendments to legislation administered by the Attorney-General and Minister for Justice and Minister for The Arts, and for other purposes Clause Clause Clause Clause sl 4 s4 Justice and Other Legislation (Miscellaneous Provisions) The Parliament of Queensland enacts— 1 Short title 2 1. This Act may be cited as the Justice and Other Legislation 3 (Miscellaneous Provisions) Act 2000. 4 Commencement 5 2. This Act commences on a day to be fixed by proclamation. 6 Acts amended 7 3. The schedule amends the Acts mentioned in it. 8 Repeal 9 4. The Australia Acts (Request) Act 1999 is repealed. 10 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE AMENDMENTS OF ACTS section 2 ACTS INTERPRETATION ACT 1954 Amendment 1. After section 13A— insert— 'Acts not to affect powers, rights or immunities of Legislative Assembly except by express provision '13B.(1) An Act enacted after the commencement of this section affects the powers, rights or immunities of the Legislative Assembly or of its members or committees only so far as the Act expressly provides. '(2) For subsection (1), an Act affects the powers, rights or immunities mentioned in the subsection if it abolishes any of the powers, rights or immunities or is otherwise wholly or partly inconsistent with their continued existence, enjoyment or exercise. '(3) In this section— "rights" includes privileges.'. 2. Section 36, definitions "magistrate" and "stipendiary magistrate"— omit. 3. Section 36— insert— 20 22 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) " "AS" means Australian Standard made or published by Standards Australia. "Australian Standard" means a standard made or published by Standards Australia. "magistrate" means a magistrate appointed under the Magistrates Act 1991. "see", followed by a reference to, or to a provision of, any Act, law or document, when used to define a word, entity, thing or matter, means the word, entity, thing or matter has the same meaning as it has in the provision, Act, law or document. "Standards Association of Australia", for anything done or to be done on or after 1 July 1999, includes a reference to Standards Australia International Limited ACN 087 326 690. "Standards Australia" means Standards Australia International Limited ACN 087 326 690, and includes a reference to the Standards Association of Australia as constituted before 1 July 1999.'. 4. Section 36, definition, "definition", examples of definitions— insert— "4. "X" see section 3. 5. "X" see XYZ Act, schedule 3.'. 5. Section 38(2) and (3)— omit, insert— "(2) If the time, or last day of a period, calculated forwards that is provided or allowed by an Act for doing anything falls on an excluded day, the time, or last day, is taken to fall on the next day later that is not an excluded day. CQ AW BW HY e ow Re Rew WNe eRe DAuns 1820 22 24 26 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) '(3) If the time, or earliest day of a period, calculated backwards that is provided or allowed by an Act for doing anything falls on an excluded day, the time, or earliest day, is taken to fall on the next day earlier that is not an excluded day.'. 6. Section 38— insert— '(5) In this section— "excluded day"— (a) for filing or registering a document—means a day on which the office is closed where the filing or registration must or may be done; or (b) otherwise—means a day that is not a business day in the place in which the thing must or may be done.'. AUSTRALIAN CONSULAR OFFICERS' NOTARIAL POWERS AND EVIDENCE ACT 1946 Amendment 1. Title, after 'officers'— insert— 'and authorised employees'. 2. Section 2— insert— ' "authorised employee" means an employee of— BRwWpe FBFouwu marNX DAN ee 15 1719 21 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) (a) the Commonwealth authorised under section 3(c) of the Consular Fees Act 1955 (Cwlth); or (b) the Australian Trade Commission authorised under section 3(d) of the Consular Fees Act 1955 (Cwlth).'. 3. Section 3, after 'consular officer'-— insert— 'or authorised employee'. 4. Section 4(1), after 'consular officer'-— insert— 'or authorised employee'. CHILDRENS COURT ACT 1992 Amendment 1. Section 14(3), 'Stipendiary Magistrates Act 1991?— omit, insert— 'Magistrates Act 1991'. Bw Ne Nn 1315 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) CRIMINAL CODE Amendment 1. Section 432— omit. DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Amendment 1. Section 7(1)(b)— insert— 'se — section 413.1'. 2. Section 37— insert— '(1A) To remove any doubt, it is declared that subsection (1) does not prevent a prosecution if there is evidence, other than the admission or evidence obtained as a result of the admission, implicating the accused.'. 1 Criminal Code, section 413 (Assault with intent to steal) 12 14 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 3. Section 37(3)(b), after 'section 552B'— insert— 'or the Drugs Misuse 1986, section 132'. 4. Schedule, definition "offender", 'section 20'— omit, insert— 'section 17'. EVIDENCE ACT 1977 Amendment 1. Section 15(2)(c), proviso— omit. 2. Section 15— insert— "(3) A question of a kind mentioned in subsection (2)(a), (b) or (c) may be asked only with the court's permission. "(4) If the proceeding is a trial by jury, an application for the court's permission under subsection (3) must be made in the absence of the jury.'. 3. After section 46A— insert— 2 Drugs Misuse Act 1986, section 13 (Certain offences may be dealt with summarily) 12 14 16 18 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 'Court or tribunal may inform itself about Act or statutory 1 instrument 2 "46B.(1) A court or tribunal may inform itself about an Act or statutory 3 instrument in any way it considers appropriate. 4 Examples of ways that may be appropriate— 5 1. Using an electronic version of an Act as available on the internet or on a 6 CD-ROM other than an authorised reprint under the Reprints Act 1992. 7 2. Using a printed copy of an Act in a publication other than an authorised reprint 8 under the Reprints Act 1992. 9 "(2) However, the court or tribunal must consider whether the document 10 or source it intends to consult appears to be a reliable source of information. 11 "(3) Subsection (1) does not limit any law providing for a way in which a 12 court or tribunal may be informed about an Act or statutory instrument, 13 including any other provision of this Act or the Reprints Act 1992.'. 14 4. Section 49, after 'Australia,'— 15 insert— 16 "Standards Australia,'. 17 5. Section 92(2)(d), from 'statement', second mention— 18 omit, insert— 19 "statement the maker made or in the information the supplier supplied; 20 or'. 21 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) EVIDENCE AND DISCOVERY ACT 1867 Amendment 1. Section 37A(1)— insert— ' "authorised employee" means an employee of— (a) the Commonwealth authorised under section 3(c) of the Consular Fees Act 1955 (Cwlth); or (b) the Australian Trade Commission authorised under section 3(d) of the Consular Fees Act 1955 (Cwlth).'. 2. Section 37A(2), (2A), (3), (3A) and (4), after 'consular officer'— insert— 'or authorised employee'. 3. Section 38, after 'consular officer'— insert— 'or an authorised employee'. FREEDOM OF INFORMATION ACT 1992 Amendment 1. Section 11(1)(g), 'Stipendiary Magistrates Act 199?— omit, insert— 'Magistrates Act 1991'. \o co ND UU fF W WN 11141820 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) JUDGES (PENSIONS AND LONG LEAVE) ACT 1957 Amendment 1. Section 15(5)— omit, insert— '(5) A judge who is entitled to additional leave of absence under subsection (1) may, with the Governor in Council's approval, and subject to the administrative requirements of the court, take the additional leave in periods of less than 6 months.'. JUDGES (SALARIES AND ALLOWANCES) ACT 1967 Amendment 1. Section 5(3)— insert— '(g) a member of the industrial commission."'. 2. Section 12(1)(c), from 'the Chief?'— omit, insert— 'a member of the industrial commission; and'. 3. Section 12(8), definition "relevant Minister", paragraph (b), 'industrial commissioners'— omit, insert— 'a member of the industrial commission'. eaADUN FP WW NY 1113 1518 20 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 4. Section 13(2)(b), 'an industrial commissioner'— omit, insert— 'a member of the industrial commission'. 5. Section 13(2)(b)(ii), 'the industrial commissioner'— omit, insert— 'the member'. JUDICIAL REVIEW ACT 1991 Amendment 1. Schedule 1, part 2, item 5, 'Stipendiary Magistrates Act 1991— omit, insert— 'Magistrates Act 1991'. JUSTICES ACT 1886 Amendment 1. Section 98Q(1), 'certified mail'— omit, insert— 'ordinary post'. 11 1416 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 2. Section 142A(2), from 'and the provisions'— omit, insert— 'other than so far as this section is inconsistent with the other provisions of this Act.' 3. Section 142A(15)— omit. 4. After section 222(2)(a)— insert— '(aa)after entering into the recognisance, the appellant must immediately forward the recognisance to the clerk of the court at the place where the decision was given;'. 5. Section 222(2)(b), after 'justices'-— omit, insert— 'and the recognisance'. LAW REFORM ACT 1995 Amendment 1. Section 18A(1), after 'employee'— insert— 'or other employee of the State'. RW NY Nn 10131719 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) MAGISTRATES COURTS ACT 1921 Amendment 1. Section 17— insert— '(3) A bailiff may appoint an appropriate person in writing to assist the bailiff. '(4) The bailiff is responsible for the civil acts and defaults of the assistant in the discharge or purported discharge of the assistant's duties as assistant.'. MAINTENANCE ACT 1965 Amendment 1. Section 98(6), from 'At' to 'year'— omit, insert— 'Within 1 month after a proclamation is made under subsection (1), (2) or (4)'. OATHS ACT 1867 Amendment 1. Section 17(1), from 'upon' to 'objection' — omit. oon Dn fF W NY 1215 19 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 2. Schedule, from 'truth, and I make'— omit, insert— 'truth.'. PENALTIES AND SENTENCES ACT 1992 Amendment 1. Section 69(2), '10'— omit, insert— PROPERTY LAW ACT 1974 Amendment 1. Part 6, division 3, after section 70— insert— 'Computers inoperative on day for completion *70A.(1) This section applies if— (a) acontract for the sale of land does not provide otherwise; and (b) time is of the essence of the contract; and onrnnun 111315 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) (c) the purchaser under the contract, without default on the purchaser's part, can not, on the date for completion of the contract, verify the vendor's title because computers in the relevant office of the land registry under the Land Title Act 1994 are inoperative for any reason. "(2) Time ceases to be of the essence of the contract. "(3) The vendor is taken— (a) not to have proved title to the land; and (b) not to be in breach of the contract only because of the failure to prove title at that time. "(4) The vendor or purchaser may give a written notice to the other party to the contract to complete the sale. "(5) The notice must state— (a) that the computers are again fully operational; and (b) a period of days, of not more than 7 business days, from the day the notice is given for completion of the sale. "(6) The notice may be given no earlier than the day after the first continuous day of operation of the computers after computer operation is fully restored. "(7) From a party's receipt of the notice, time is again of the essence of the contract.'. PUBLIC TRUSTEE ACT 1978 Amendment 1. Section 17A(1)(a)— omit, insert— CN DA HUNEpwWPKE 12 14 16 1821 25 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) '(a) expenses (including liabilities) a trustee may retain or pay out of trust property, or that the public trustee considers are necessary or expedient for the management of the estate; and'. 2. Section 17A(3)(a)— omit, insert— '(a) fees and expenses payable, including fees and expenses payable under this section for the administration of the estate; and'. 3. Section 19(1)(c), after 'credited'— insert— 'at least'. ROYAL QUEENSLAND THEATRE COMPANY ACT Amendment 1. Section 54, 'financial year'— omit, insert— 'year'. wn ND NA Ff o 12 1416 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) STATE PENALTIES ENFORCEMENT ACT 1999 Amendment 1. Section 10(1), 'a director and'— omit. 2. Section 10(2), 'director,'— omit. 3. Section 11(1)— omit. 4. Section 11(2) to (5)— renumber as section 11(1) to (4). 5. Section 11(2), as renumbered, '(2)'— omit, insert— '(1)'. 6. Section 15(2)(e), from 'and,'— omit. 7. Section 15(3)(a), 'that'— omit. 1215 17 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 8. Section 23(6), 'written'— omit. 9. Section 23— insert— "(7) Subsection (3) only requires an administering authority to accept payment of an instalment by direct debit if the administering authority is capable of accepting it.'. 10. Section 24(3), after 'particulars'— insert— ", or the amended particulars given under subsection (6),'. 11. Section 24— insert— "(6) An administering authority may give to SPER for registration amended particulars mentioned in subsection (1). "(7) If amended particulars are given and an instalment payment notice for different particulars has already been given to the person, a fresh instalment payment notice must be given to the person.'. 12. Section 30— insert— "(3) The court may decide an application under subsection (1) on written materials in the absence of a party if the court considers it appropriate.'. Yan & WwW o 12 14 1619 21 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 13. Section 32(2), from 'more' to 'infringement notice', first mention— 1 omit. 2 14. Section 41, 'the infringement notice'-— 3 omit, insert— 4 'the enforcement order'. 5 15. Section 41(e), 'the administering authority'— 6 omit, insert— 7 'SPER'. 8 16. Section 42(5), 'written'— 9 omit. 10 17. Section 46(a)— 11 omit, insert— 12 '(a) a fine imposed by a court, excluding an ancillary order, or an 13 infringement notice fine; and 14 Examples of ancillary orders— 15 1. Professional fees, witnesses expenses and interpreters' allowances. 16 2. Royalties or another similar amount, including conservation value payable 17 under the Nature Conservation Act 1992.'. 18 18. Section 56(2)— 19 omit, insert— 20 "(2) The application must be made within the earlier of the following— 21 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) (a) 14 days after the debtor becomes aware of the existence of the 1 order; 2 (b) 6 months after the issue of the relevant enforcement order.'. 3 19. Section 58(1), 'If'— 4 omit, insert— 5 'If, within 14 days after the date of the notice of the decision under 6 section 57(5) and'. 7 20. Section 59(5), 'application for the order'— 8 omit, insert— 9 'referral notice'. 10 21. Section 114(1)— 11 insert— 12 '(h) the person's date of birth.'. 13 22. Section 118(1)(a), after 'been'— 14 omit, insert— 15 'or may be'. 16 23. Section 133(1), 'written'— 17 omit. 18 24. Section 134(1)(b), 'written'— 19 omit. 20 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 25. Section 134(1)(c)(ii), 'signed'— 1 omit. 2 26. Section 140(c)— 3 omit, insert— 4 '(c) if the enforcement warrant relates to an infringement notice, the 5 infringement notice number;'. 6 27. Section 146(e)— 7 omit. 8 28. Section 146(f) and (g)— 10 renumber as section 146(e) and (f). 11 29. Section 147, 'the Central Brisbane division'— 12 omit, insert— 13 'a Magistrates Court in the central division'. 14 30. Section 165— 15 insert— 16 "(6) A regulation may be made about fees.'. 17 31. Section 170(1) and (2), 'a local government'— 19 omit, insert— 20 'an administering authority'. 21 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 32. Schedule 2— insert— ' "motor vehicle" means a vehicle propelled by a motor that forms part of the vehicle, and includes a trailer attached to the vehicle. "vehicle" includes a boat.'. 33. Schedule 2, definition "fine option order", 'infringement notice'-— omit, insert— 'enforcement order'. STATUTORY INSTRUMENTS ACT 1992 Amendment 1. Schedule 1— insert— 'section 13B'. STIPENDIARY MAGISTRATES ACT 1991 Amendment 1. Title, 'Stipendiary'— omit. nA BW NY 1113 16 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 2. Before section 1— insert— 'PART 1—PRELIMINARY'. 3. Section 1, 'Stipendiary'— omit. 4. Section 3, definition "reviewable determination" and sections 5, 9, 10, 10D(2), 10G(2), 10H, 11, 12, 13(1) and 18A(2) to (4), 'Stipendiary'— omit. 5. After section 3— insert— "PART 2—APPOINTMENT, JURISDICTION AND POWERS'. 6. After section 8— insert— "PART 3—CHIEF MAGISTRATE'. 7. After section 10— insert— 'PART 4—REVIEWABLE DETERMINATIONS'. Co AND 11 13 15 18 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 8. After section 10I— insert— 'PART 5—SENIOR MAGISTRATE'. 9. After section 12— insert— 'PART 6—FUNCTIONS AND TENURE OF OFFICE'. 10. After section 17— insert— 'PART 7—GENERAL'. 11. Section 21(a) to (d)— omit, insert— '(a) Chief Magistrate; or (b) Senior Magistrate; or (c) Magistrate; or (d) Acting Magistrate;'. 12. After section 22— insert— 'PART 8—TRANSITIONAL PROVISIONS 'Division 1—Transitional provision for Act No. 75 of 1995'. 11315 17 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 13. After section 23— insert— 'Division 2—Transitional provision for Act No. 68 of 1999. 14. After section 24— insert— 'Division 3—Transitional provisions for Justice and Other Legislation (Miscellaneous Provisions) Act 2000 'References to stipendiary magistrate '25. In an Act— (a) a reference to the Chief Stipendiary Magistrate is taken to be a reference to the Chief Magistrate; and (b) a reference to a Senior Stipendiary Magistrate is taken to be a reference to a Senior Magistrate; and (c) areference a Stipendiary Magistrate is taken to be a reference to a magistrate. 'Change of name of office not to affect office holders '26. To remove any doubt, it is declared that the change in the name of the office of Chief Stipendiary Magistrate, Senior Stipendiary Magistrate or Stipendiary Magistrate to Chief Magistrate, Senior Magistrate or magistrate does not affect the appointment to, or the continuation in, the office of a person holding the office immediately before the commencement of this section. w ND NA Ff 11 13 15 182022 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 'Existing appointments '27. A person who, immediately before the commencement of this section, holds an appointment as a magistrate under section 5, including a stipendiary magistrate mentioned in section 23, is taken from the commencement to be appointed as a magistrate under section 5.'. SUPREME COURT ACT 1995 Amendment 1. Title, after 'Court'— insert— ', and for other purposes'. 2. Section 2, heading— omit, insert— 'Act is, in part, a consolidation'. 3. Section 2(1), 'This Act is'°— omit, insert— 'This Act, as in force at the commencement of this section, is, in part,'. 4. Section 68, after 'section 37A,'— insert— 'or before an authorised employee'. nAnkwWN 121518 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 5. Section 68— 1 insert— 2 "(2) In this section— 3 "authorised employee" means an employee of— 4 (a) the Commonwealth authorised under section 3(c) of the Consular 5 Fees Act 1955 (Cwlth); or 6 (b) the Australian Trade Commission authorised under section 3(d) 7 of the Consular Fees Act 1955 (Cwlth).'. 8 6. Section 125, after 'section 37A,'— 9 insert— 10 'or authorised employee'. 11 7. Section 125, after 'section 37A', second mention— 12 insert— 13 'or before an authorised employee'. 14 8. Section 125— 15 insert— 16 "(2) In this section— 17 "authorised employee" means an employee of— 18 (a) the Commonwealth authorised under section 3(c) of the Consular 19 Fees Act 1955 (Cwlth); or 20 (b) the Australian Trade Commission authorised under section 3(d) 21 of the Consular Fees Act 1955 (Cwlth).'. 22 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) SUPREME COURT OF QUEENSLAND ACT 1991 Amendment 1. Section 14— insert— "(2A) The Governor in Council may, by commission, appoint either of the following persons to act as a judge for up to 1 year— (a) a person who is, or has been, a judge of the Supreme Court of another State or Territory; (b) a person who is, or has been, a judge of the Federal Court of Australia.'. TRUST ACCOUNTS ACT 1973 Amendment 1. Section 15(1)(d)(ii) and (iii)— omit, insert— '(ii) a member of the Australian Society of Certified Practising Accountants or the Institute of Chartered Accountants in Australia; or (11) a person who holds a public practising certificate issued by the National Institute of Accountants and has completed a tertiary course of study in accounting with an auditing component from an institute prescribed under the Corporations Law, section 1280(2); or SCO MAN DN KF WY NY 13161921 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) (iv) a person approved by the chief executive who has completed a tertiary course of study in accounting with an auditing component from an institute prescribed under the Corporations Law, section 1280(2); or'. TRUSTEE COMPANIES ACT 1968 Amendment 1. Schedule 2, part 2, ANZ EXECUTORS AND TRUSTEE COMPANY LIMITED, paragraph (c) and (ca)— omit. 2. Schedule 2, part 2, ANZ EXECUTORS AND TRUSTEE COMPANY LIMITED, paragraphs (cb)— renumber as paragraph (c). 3. Schedule 2, part 2, PERPETUAL TRUSTEES AUSTRALIA LIMITED, paragraph (c)— omit. 4. Schedule 2, part 2, PERPETUAL TRUSTEES AUSTRALIA LIMITED, paragraph (ca)— renumber as paragraph (c). 5. Schedule 2, part 2, PERPETUAL TRUSTEES QUEENSLAND LIMITED, paragraph (c)— omit. BRwWpe Co ON DD 12 14 17 20 Justice and Other Legislation (Miscellaneous Provisions) SCHEDULE (continued) 6. Schedule 2, part 2, PERPETUAL TRUSTEES QUEENSLAND LIMITED, paragraph (ca)— renumber as paragraph (c). 7. Schedule 2, part 2, TRUST COMPANY OF AUSTRALIA LIMITED, paragraph (c)— omit. 8. Schedule 2, part 2, TRUST COMPANY OF AUSTRALIA LIMITED, paragraph (ca)— renumber as paragraph (c). TRUSTS ACT 1973 Amendment 1. Section 5, definition "public accountant"— omit, insert— ' "public accountant" means— (a) (b) a person registered, or taken to be registered, as an auditor under the Corporations Law; or a member of the Australian Society of Certified Practising Accountants or the Institute of Chartered Accountants in Australia; or a person who holds a public practising certificate issued by the National Institute of Accountants and has completed a tertiary course of study in accounting with an auditing component from an institute prescribed under of the Corporations Law, section 1280(2); or Ne 1214 16 182123 Justice and Other Legislation (Miscellaneous Provisions) (d) a person approved by the chief executive who has completed a tertiary course of study in accounting with an auditing component from an institute prescribed under of the Corporations Law, section 1280(2).'. 2. Section 67(1)(a) to (d)— omit, insert— '(a) if the deceased's last known address is more than 150 km from (b) Brisbane—a local newspaper circulated and sold at least once each week in the area of the deceased's last known address; or otherwise—a newspaper circulating throughout the State or a newspaper approved for the area of the deceased's last known address by the Chief Justice under a practice direction;'. © State of Queensland 2000 BRwWpe mar n wm 11