This week in Parliament: 2–4 April 2019
Bills introduced this Parliament
The following bills were introduced into the Legislative Assembly on 2 April 2019
1. Heavy Vehicle National Law Amendment Bill 2019
The bill was introduced into the Legislative Assembly by the Honourable Mark Bailey MP, Minister for Transport and Main Roads. The objectives of the bill are to implement nationally agreed reforms or necessary amendments to the Heavy Vehicle National Law Act 2012 (HVNL) to:
- make consequential amendments arising from the enactment of the Commonwealth Road Vehicles Standards Act 2018, which will repeal the Motor Vehicle Standards Act 1989 (Cth);
- improve consistency between a vehicle defect notice and a self-clearing defect notice;
- enable the recognition of modifications to heavy vehicles approved in non-participating jurisdictions;
- provide that the giving of advice, information and education are functions of the Regulator and authorised officers;
- improve productivity by allowing certain semitrailers greater access to the road network where mass is not a constraint; and
- ensure that a Performance-Based Standards (PBS) scheme vehicle travelling ‘off-route’ (i.e. not on a road without authorisation under the HVNL and where not otherwise permitted) is treated consistently with other over mass or over dimension vehicles on that road.
The bill also makes a range of minor or technical amendments that remove unnecessary administrative or regulatory burdens, which will help improve the enforceability of the HVNL, correct minor errors and ensure that HVNL remains contemporary and fit for purpose.
The bill was referred to the Transport and Public Works Committee for consultation.
Bills passed this Parliament
The following bills were passed by the Legislative Assembly on 2 April 2019
1. Economic Development and Other Legislation Amendment Bill 2018
The Economic Development Other Legislation Amendment Bill 2018 was introduced into the Legislative Assembly on 19 September 2018 by the Honourable Cameron Dick MP, Minister for State Development, Manufacturing, Infrastructure and Planning. The policy objective of the Bill, as referred to in the explanatory notes is to provide for increased operational efficiency of legislation under the administration of the Minister for State Development, Manufacturing, Infrastructure and Planning. The bill proposes to:
- amend the Building Queensland Act 2015 (BQ Act) to implement the Queensland Government’s response to the report “An Administrative Review of Building Queensland’s Operating Arrangements”. There are three proposed amendments: 1) amend the threshold for which business cases are led by Building Queensland (BQ) to remove high cost but low risk road infrastructure proposals; 2) reduce the frequency of publication of the Infrastructure Pipeline Report from six-monthly to annually; and 3) allow proxies for government Board members to be nominated for any length of time, including a single meeting.
- amend the Economic Development Act 2012 (ED Act) and other Acts consequential to the operation of the ED Act to improve its operation through alignment with the Planning Act 2016 (Planning Act), provide more flexibility in the declaration of Priority Development Areas (PDAs) and provisional PDAs and their associated instruments, and through more efficient development assessment in PDAs;
- amend the Planning Act to restore certainty in the operation of the framework with respect to the issue of valid infrastructure charges notices (ICNs) under the repealed Sustainable Planning Act 2009 (SPA), and certain notification requirements for submitter appellants that have proven burdensome and ineffectual;
- amend the Planning and Environment Court Act 2016 (P&E Court Act) to provide for referral powers regarding private mediation;
- amend the Queensland Reconstruction Authority Act 2011 (QRA Act) to ensure QRA can undertake resilience, mitigation and betterment activities outside of post-disaster events;
- amend the Sanctuary Cove Resort Act 1985 (SCR Act) to include a retirement village and/or residential care facility as a potential use at Sanctuary Cove Resort;
- amend the South Bank Corporation Act 1989 (SBC Act) to ensure assessment of development categorised as assessable or accepted development by the Planning Act is not duplicated under the SBC Act; and
- repeal the Southern Moreton Bar Islands Development Entitlements Protection Act 2004 (SMBI Act) as the effect of the provisions expired on 30 March 2016 and consequently the Act is redundant.
The bill was passed with amendment.
- Economic Development and Other Legislation Amendment Bill 2018 — here
- Explanatory notes — here
- QLS submission — here
The following bills were passed by the Legislative Assembly on 3 April 2019
1. Health and Other Legislation Amendment Bill 2018
The Health and Other Legislation Amendment Bill 2018 was introduced into the Legislative Assembly on 13 November 2018 by the Honourable Dr Steven Miles MP, Minister for Health and Minister for Ambulance Services. The policy objectives of the bill are to:
- repeal the Public Health (Medicinal Cannabis) Act 2016 and make consequential amendments to the Health Act 1937, to significantly streamline the regulatory framework for prescribing medicinal cannabis in Queensland;
- amend the Public Health Act 2005 to establish the Notifiable Dust Lung Disease register and require prescribed medical practitioners to notify the chief executive of Queensland Health about cases of notifiable lung disease;
- enable the chief executive to require a person responsible for causing a pollution event to publish a pollution notice to inform the public of potential risks to public health;
- enable the standard that a person must comply with when manufacturing, selling, supplying or using paint to be prescribed by regulation rather than in the Act;
- amend the Radiation Safety Act 1999 to provide that certain persons are deemed to have a use or transport licence;
- amend the Transplantation and Anatomy Act 1979 to:
— clarify the provisions about research that involve removing tissue from adults and children;
— ensure pathology laboratories can access tissue-based products that are necessary for diagnostic and quality control purposes;
— remove the requirement that a post-mortem examination of a body conducted in a hospital only be held in the hospital mortuary;
- amend the Births, Deaths and Marriages Registration Act 2003, the Coroners Act 2003 and the Cremations Act 2003 to enable human body parts used at a school of anatomy for the study and practice of anatomy to be lawfully cremated without a corresponding death certificate or the approval of an independent doctor;
- amend the Retirement Villages Act 1999 to clarify a recent amendment in relation to timely payment of exit entitlements at retirement villages and make associated amendments to the Duties Act 2001.
The bill was passed without amendment.
- Health and Other Legislation Amendment Bill 2018 — here
- Explanatory notes — here
- QLS submission — here
2. Queensland Civil and Administrative Tribunal and Other Legislation Amendment Bill 2018
The Queensland Civil and Administrative Tribunal and Other Legislation Amendment Bill 2018 was introduced into the Legislative Assembly on 15 November 2018 by the Honourable Yvette D’Ath MP, Attorney-General and Minister for Justice. As referred to in the explanatory notes, the objectives of the bill are to:
- amend the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) to implement conclusions from the Report on the Review of the Queensland Civil and Administrative Tribunal Act 2009 aimed at improving the operational efficiency of the Queensland Civil and Administrative Tribunal (QCAT) to better achieve the objects of the QCAT Act; and
- amend the QCAT Act, Fair Trading Act 1989 and the Motor Dealers and Chattel Auctioneers Act 2014 to implement the Government’s commitment to improve fairness and provide greater rights for Queenslanders buying a vehicle and address recommendation 7 of the Report Lemon Laws — An inquiry into consumer protections and remedies for buyers of new motor vehicles, prepared by the Legal Affairs and Community Safety Committee.
The bill was passed with amendment to introduce provisions allowing court rules to be made about the use of referees in proceedings; and providing a referee with the protection and immunity they would have if the matter were before the Supreme Court.
- Queensland Civil and Administrative Tribunal and Other Legislation Amendment Bill 2018 — here
- Explanatory notes — here
- Explanatory notes for amendments moved during Consideration in Detail — here
- QLS submission — here
Subordinate Legislation notified on the Queensland Legislation website from 30 March — 5 April 2019
1 SL №40 of 2019: Health Legislation Amendment Regulation (№1) 2019
2. SL №41 of 2019: Proclamation (№2) — Plumbing and Drainage Act 2018 (commencing certain provisions)
3. SL №42 of 2019: Plumbing and Drainage Regulation 2019
4. SL №43 of 2019: Weapons Legislation Amendment Regulation 2019
5. SL №44 of 2019: Police Service Administration (Approved Agencies) Amendment Regulation 2019
6. SL №45 of 2019: Disaster Management (Extension of Far North Disaster District) Amendment Regulation 2019
7. SL №46 of 2019: Electrical Safety (Solar Farms) Amendment Regulation 2019
Queensland Government Gazette
The Queensland Government Gazette is available online here.
Parliamentary Sitting Dates
As indicated on the parliamentary website, the Queensland Parliament is scheduled to sit on the following dates in 2019:
- 30 April to 2 May
- 14 to 16 May
- 20 to 22 August
- 3 to 5 September
- 17 to 19 September
- 15 to 17 October
- 22 to 24 October
- 26 to 28 November
