Justice and Other Legislation Amendment Bill 2021
Bill Journey
Plain English Summary
Overview
This bill makes permanent several temporary COVID-19 measures across multiple areas of law. It modernises how Queenslanders can sign and witness important legal documents using electronic signatures and video links, improves access to domestic violence protection orders, and allows licensed restaurants to permanently offer takeaway wine with meals.
Who it affects
The changes benefit people who need to sign legal documents by allowing remote witnessing, domestic violence victims seeking protection orders, licensed restaurant operators wanting to sell takeaway wine, and small business tenants through extended lease protections.
Electronic documents and witnessing
You can now sign affidavits, statutory declarations, deeds and powers of attorney electronically and have them witnessed via video link by approved 'special witnesses' such as lawyers or approved justices of the peace. Documents no longer need to be on paper or sealed.
- Affidavits and statutory declarations can be signed electronically and witnessed via video link
- Deeds can be made as electronic documents without requiring seals or paper
- Powers of attorney for businesses can be signed electronically without witnesses
- Nurse practitioners can now sign capacity certificates for advance health directives
Domestic violence protection
Domestic violence victims have more options to verify protection order applications and attend court proceedings. Applications can be verified by oath before a magistrate rather than requiring a statutory declaration, and court appearances can be via video or audio link.
- Protection order applications can be verified by oath before a magistrate in urgent situations
- Magistrates can allow all or part of proceedings to occur via video or audio link
- Electronic filing of documents permitted with approval from the Principal Registrar
Restaurant takeaway wine
Licensed restaurants can apply for permanent approval to sell takeaway wine with meals. This makes permanent a temporary COVID-19 measure, though with tighter controls including a reduced volume limit and requirement for responsible service systems.
- Restaurants can apply to sell up to 1.5 litres (two bottles) of wine for takeaway with a meal
- Takeaway wine sales permitted between 10am and 10pm
- Restaurants must have responsible service systems in place and can only sell wine (not beer or spirits)
- Application fees waived for eligible restaurants until 30 June 2022
Commercial lease protections
The COVID-19 retail and commercial lease protections are extended beyond the original expiry date. This continues support for small business tenants and access to the Queensland Small Business Commissioner for lease disputes.
- COVID-19 retail lease regulation can remain in effect for up to two years after the legislation expiry date
- Small business tenants continue to have access to mediation through the Queensland Small Business Commissioner