Queensland Parliament sat from 24 October to 26 October 2023.
The following Bills were introduced into the Legislative Assembly:
- Casino Control and Other Legislation Amendment Bill 2023
- Energy (Renewable Transformation and Jobs) Bill 2023
Private Member Bills:
- Education (General Provisions) (Extension of Primary Schools in Remote Areas) Amendment Bill 2023
Casino Control and Other Legislation Amendment Bill 2023
On 25 October 2023, the Honourable Yvette D’Ath, Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence introduced the Casino Control and Other Legislation Amendment Bill 2023 into Queensland Parliament.
The objectives of the Bill are to:
- facilitate the implementation of Recommendations 1 to 11 of the External Review of the Queensland Operations of The Star Entertainment Group Limited (the Gotterson Review); and
- implement a range of other reforms to enhance the casino regulatory framework.
The Gotterson Review suggested that Queensland casinos be required to:
- introduce mandatory carded play (Recommendation 1);
- implement cashless gambling save for transactions of $1000 or less (Recommendation 2);
- offer full, mandatory and binding pre-commitment including play and break limits (Recommendations 3 and 4);
- collect and make available certain carded play data (Recommendations 5 and 6);
- comply with a compulsory code of conduct for safer gambling (Recommendation 8);
- pay a supervision levy (Recommendation 9);
- be subject to cost recoverable periodic reviews (Recommendation 10); and
- take reasonable steps to establish the persons subject to interstate police commissioner initiated exclusion and exclude those persons (Recommendation 11)
It was also suggested that legislative references to ‘problem gamblers’ should be replaced with more modern terminology (Recommendation 7), and the appointment of a special manager should be a form of disciplinary action available under the Casino Control Act 1982 against a casino entity (i.e. a casino licensee, casino lessee, casino operator) (Recommendation 12).
The Bill amends the:
- Casino Control Act 1982
- Casino Control Regulation 1999
- Gaming Machine Act 1991
- Gaming Machine Regulation 2002
- Keno Act 1996
- Wagering Act 1998
The Bill was referred to the Legal Affairs and Safety Committee for inquiry. Submissions on any aspect of the Bill are invited by 15 November 2023. For further details regarding the inquiry process, visit the committee’s website.
Energy (Renewable Transformation and Jobs) Bill 2023
On 24 October 2023, the Honourable Michael de Brenni, Minister for Energy, Renewables and Hydrogen and Minister for Public Works and Procurement, introduced the Energy (Renewable Transformation and Jobs) Bill 2023 into the Queensland Parliament.
The purpose of the Bill is to:
- enshrine key commitments from the Queensland Energy and Jobs Plan, such as the following, in law:
- build a clean and competitive energy system for the economy and industries as a platform for accelerating growth
- deliver affordable energy for households and business and support more rooftop solar and batteries
- drive better outcomes for workers and communities as partners in the energy transformation.
- establishes the infrastructure frameworks needed to build the Queensland SuperGrid, including the Priority Transmission Investment framework to prioritise and build high voltage backbone transmission and the Renewable Energy Zone (REZ) framework to support coordinated, efficient investment and delivery of renewable generation;
- establish the governance and advisory functions for a smooth, coordinated transformation to support workers and communities.
The Bill amends the:
- Electricity Act 1994
- Electricity – National Scheme (Queensland) Act 1997
- National Energy Retail Law (Queensland) Act 2014
- Petroleum and Gas (Production and Safety Act 2004
The Bill was referred to the Transport and Resources Committee for inquiry. Submissions on any aspect of the Bill are invited by 8 December 2023. For more details on the inquiry process, visit the committee website.
Education (General Provisions) (Extension of Primary Schools in Remote Areas) Amendment Bill 2023
On 25 October 2023, Robbie Katter, Member for Traeger, introduced the Education (General Provisions) Extension of Primary Schools in Remote Areas) Amendment Bill 2023 into the Queensland Parliament as a Private Member’s Bill.
The primary objective of the Bill is to address the need for increased access to designated secondary education services in remote Queensland communities.
The Bill proposes to achieve this by amending the Education (General Provisions) Act 2006 to empower the Minister for Education, on receiving a written request from a remote local government acting on a request for one or more residents, to direct the Department of Education to expand the schooling offered at certain ‘remote primary schools’ to accommodate students up to year 10.
The term ‘remote primary schools’ is defined in the Bill.
In the event that the Minister declines the request to extend the education provided at a remote primary school, the Bill would require the chief executive (of the Department of Education), and the local government that made the request, to establish a remote secondary learning facility for years seven to 10 in the town in which the remote primary school is located.
The Bill amends the:
- Education (General Provisions) Act 2006
The Bill was referred to the Education, Employment and Training Committee for inquiry. A timeline for the inquiry will be available on the committee website as soon as it has been agreed by the committee. For more details on the inquiry process, visit the committee website.
Legislation passed this Parliament
The following legislation was passed by the Legislative Assembly:
- Property Law Bill 2023
- Tow Truck Bill 2023
Property Law Bill 2023
On 23 February 2023, the Honourable Shannon Fentiman, the then Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence, introduced the Property Law Bill 2023.
The Bill was referred to the Legal Affairs and Safety Committee for inquiry.
The Bill was passed with amendment on 25 October 2023.
The primary objective of the Bill is to replace the Property Law Act 1974 (PLA) with a new, modernised property law Act, drafted broadly in accordance with recommendations of the ‘Property Law Act 1974 – Final Report (2018)’ prepared by the Commercial and Property Law Research Centre at Queensland University of Technology (QUT).
Notably, the Bill implements a new statutory seller disclosure scheme drafted broadly in accordance with the recommendations of the ‘Final Report: Seller Disclosure in Queensland (2017)’ also prepared by QUT. In generally adopting this report’s recommendations, the Bill will create a more certain, coordinated and transparent regime for the sale of freehold land in Queensland by promoting consistency and clarity of disclosure. It will also simplify and consolidate the current obligations under the common law, statute and contract.
The Bill achieves the policy objectives by:
- repealing outdated or unnecessary provisions in the PLA;
- redrafting the provisions in modernised language;
- providing a legal framework that is updated to reflect changes associated with electronic dealings in property and electronic service, as well as reflecting current property, titling and conveyancing practice;
- simplifying and updating various provisions, for example, the rule against perpetuities, leases and covenants;
- minimising the inadvertent creation of instalment contracts, and
- implementing a statutory seller disclosure scheme that clarifies the disclosure obligations of a seller, requires a transparent and consolidated form of disclosure and provides information of value to a buyer’s decision to purchase.
The following draft regulations were also tabled with the Bill. The draft regulations will be subject to further consultation but were tabled in order to provide an overview of the seller disclosure approach:
- Draft Property Law Regulation 2023, No. xx
- Draft Body Corporate and Community Management and Other Legislation Amendment Regulation 2023, No. xx
Amendment were moved during consideration in detail to:
- clarify that easements in gross and certain insurance and indemnity covenants are in scope of clause 65 (Particular covenants in registered easements bind successors)
- correct the requirement under clause 68 (Contract containing promise for benefit of third party) that every party to the contract must be joined to legal proceedings, with a requirement that every party to the contract must be served with a copy of the proceedings;
- clarify, for the avoidance of doubt, that clause 80 (Effect of inoperative computers in particular entities on day of settlement) will operate on a rolling basis to continue to delay settlement if a computer system continues to be inoperative on the next business day and so on;
- clarify that the requirements under clause 101 (How disclosure documents to be given) and clause 103 (Giving of disclosure documents to buyer who is not registered as bidder until after start of auction) for giving seller disclosure documents to a bidder who registers after the start of an auction only apply if the bidder was not given the documents prior to the start of the auction;
- clarify that clause 106 (No other remedy if prescribed certificate contains inaccurate information given by statutory body or body corporate) will apply to a prescribed certificate issued by any entity;
- correct clause 191 (Discharge of debt or legal thing in action when no actual notice of assignment) to ensure that the common law principle for determining priorities as between competing assignees of a debt or legal thing in action will continue to apply; and
- clarify that, if a repealed provision of the PLA contained an express reference to the signing of a document by a person’s authorised agent and the corresponding provision in the Bill has omitted that express reference, this does not limit or otherwise affect the application of the general law of agency.
The Bill amends the:
- Body Corporate and Community Management Act 1997
- Building Units and Group Titles Act 1980
- Land Title Act 1994
- Limitation of Actions Act 1974
- Property Occupations Act 2014
- Acts mentioned in schedule 3 of the Bill
The Bill repeals the:
- Property Law Act 1974
Queensland Law Society provided a submission on the Bill.
- Explanatory Note
- Statement of Compatibility
- Explanatory Speech
- Amendment in Consideration – Government Agreed
- Amendment in Consideration – Explanatory Note
- Amendment in Consideration – Statement of Compatibility
- Parliamentary Report
Tow Truck Bill 2023
On 13 June 2023, the Honourable Mark Bailey, Minister for Transport and Main Roads and Minister for Digital Services, introduced the Tow Truck Bill 2023 into the Queensland Parliament.
The Bill was referred to the Transport and Resources Committee for inquiry.
The Bill was passed without amendment on 26 October 2023.
The policy objectives of the Bill are to:
- maintain the framework previously provided by the Tow Truck Act 1973 (the 1973 Act) for the towing, in regulated areas of Queensland, of motor vehicles damaged in incidents, seized by police from off-street regulated parking areas or towed from private property in certain circumstances;
- maintain the requirement for persons who conduct a tow truck business or are involved in operating tow trucks in regulated areas to hold an accreditation (currently known as a ‘licence’ or ‘certificate’);
- maintain the requirement for persons who hold an accreditation to comply with duties, obligations, standards of conduct and other requirements;
- modernise the existing legislation by introducing a new structure and terminology that improves consistency across accreditations administered by the Department of Transport and Main Roads (TMR);
- enhance the accreditation process, including accreditation eligibility requirements;
- ensure penalties and offences are targeted and appropriate; and
- modernise enforcement powers to ensure authorised officers have suitable compliance powers.
The Bill amends the:
- Photo Identification Card Act 2008
- Police Powers and Responsibilities Act 2000
- State Penalties Enforcement Act 1999
- Transport Operations (Passenger Transport) Act 1994
- Transport Operations (Road Use Management) Act 1995
- Transport Planning and Coordination Act 1994
The Bill repeals the:
- Tow Truck Act 1973
- Body Corporate and Community Management and Other Legislation Amendment Bill 2023
Subordinate Queensland Legislation notified in 2023 is available online.
Subordinate legislation notified on the Queensland Legislation website from 14 October to 27 October 2023:
- SL No. 145 of 2023: Health Practitioner Regulation National Law and Other Legislation Amendment (Postponement) Regulation 2023
- SL No. 146 of 2023: Health Legislation Amendment Regulation (No. 2) 2023
- SL No. 147 of 2023: Nature Conservation and Other Legislation (K’gari) Amendment Regulation 2023
- SL No. 148 of 2023: Nature Conservation (Protected Areas Management) (Apiary Areas) Amendment Regulation 2023
- SL No. 149 of 2023: Petroleum and Gas (Safety) (Fee Unit Conversion) Amendment Regulation 2023
- SL No. 150 of 2023: Racing Integrity Amendment Regulation 2023
- SL No. 151 of 2023: National Energy Retail Law (Queensland) Amendment Regulation 2023
- SL No. 152 of 2023: Medicines and Poisons (Medicines) Amendment Regulation (No. 3) 2023
- SL No. 153 of 2023: Proclamation No. 1 – Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023 (commencing certain provisions)
Queensland Government Gazette
The Queensland Government Gazettes for 2023 are available online.
Parliamentary sitting dates
As indicated on the parliamentary website, the Queensland Parliament is currently scheduled to next sit from 14 November to 16 November 2023.