Trans-Tasman Mutual Recognition (Queensland) Bill 2003 (Qld)

Trans-Tasman Mutual Recognition (Queensland) Bill 2003

TRANS-TASMAN MUTUAL RECOGNITION (QUEENSLAND) BILL 2003

AMENDMENTS AGREED TO IN COMMITTEE

1 Clause 2— At page 6, line 6, 'section 12'— omit, insert— 'sections 10A to 10C and 12'.

2 Clause 10— At page 8, after line 13— insert—

'(3) However, if the thing was done because of the expiry, this section is subject to section 10A.

'10A Saving of acts done due to expiry

'(1) The adoption of the Commonwealth Act under section 5 during the expiry period does not apply to an act done by a local registration authority during the expiry period if the act—

(a) was done because of the expiry; and (b) was valid when done; and

(c) would, except for the expiry, be invalid if the Commonwealth Act were applied to it.

Example—

If the lodgement of a notice was refused because of the expiry, the adoption of the Commonwealth Act under section 5 does not apply to that refusal so as to make it invalid.

Trans-Tasman Mutual Recognition (Queensland) Bill 2003

'(2) Without limiting subsection (1), the adoption of the Commonwealth Act under section 5 during the expiry period does not apply to the extent of requiring the counting of any period for the purposes of part 3 of the Commonwealth Act during the expiry period.

Example if notice given before expiry period—

If a notice was lodged under part 3 of the Commonwealth Act before the expiry period and a local registration authority did not deal with the notice during the expiry period, no part of the expiry period is counted in deciding the period that has passed since the notice was lodged. The counting of the period recommences on the enactment of this Act.

Example if notice given during expiry period—

If a notice was purportedly lodged under part 3 of the Commonwealth Act during the expiry period and a local registration authority did not deal with the notice because of the expiry, no part of the expiry period is counted in deciding the period that has passed since the notice was lodged. The counting of the period commences on the enactment of this Act.