The Aboriginal Tradition and Torres Strait Islander Custom Exemption in the Animal Care and Protection Act 2001 (Qld)

In the lead-up to the March 2012 Queensland state election, the LNP announced that, if elected to government, it would, amongst other things, remove the Aboriginal tradition and Torres Strait Islander custom exemption from the Animal Care and Protection Act 2001 (Qld), with the aim of protecting dugongs and turtles.  The exemption means that Aborigines and Torres Strait Islanders undertaking traditional hunting and fishing are not liable to a penalty if they are cruel to an animal.   The Bligh Labor Government, if it had been re-elected, had intended to address issues arising from the exemption through education rather than legislative change.    

The issue of the inhumane killing of turtles and dugongs by indigenous hunters was brought to the fore in March 2012 by a story on 7:30 on the ABC.  In the segment, covertly obtained footage of a turtle being butchered before it died and a dugong being towed to its death behind a boat was shown.  Following the airing of the report, the Bligh Government instigated an investigation “into claims … about cruelty to turtles and dugongs and illegal poaching in far north Queensland”.  The investigation was jointly conducted by the then Department of Environment and Resource Management (DERM) (looking into the allegations of poaching) and the then Department of Employment, Economic Development and Innovation (DEEDI) (looking at the cruelty aspect).    

Gift cards on the national agenda - an update

It has been estimated that Australians purchase about $1.5 billion worth of gift cards annually.

Despite their popularity, gift cards have increasingly been the subject of complaints in recent years.  Common consumer concerns relate to:

·    expiry dates (a November 2010 survey by consumer advocate group, Choice, found that:

·    almost all gift cards Choice looked at expired after only one year;

·    of the survey participants, three out of four reported buying or receiving a gift card in the previous year but more than half of those reported that their card expired before they were able to use its full value);

·    at the time of the survey only one retailer, Bunnings, offered a gift card with no expiry date);

·    what happens to gift cards when the issuing business ceases to trade, and

·    who should pocket the interest that accumulates on unredeemed gift cards. 

It is also often the case that, if the full amount of a gift card is not used, consumers will not receive cash change for the remaining balance, leading to concerns about card issuers reaping windfall profits.

In addition, the terms and conditions for gift cards vary significantly between retailers, and consumers are not always provided with a copy of these prior to purchase. 

Cost of Living: Car Registration Fees

In Queensland, motor vehicle registration fees consist of three components:

(a) a base registration fee;

(b) a traffic improvement fee; and

(c) a compulsory third party (CTP) insurance charge. 

The Queensland Government receives the revenue generated by the base registration fee and the traffic improvement fee.  It does not receive the revenue from the third component as the CTP insurance premiums go directly to the nominated insurance provider.

Freeze on Car Registration Fees

During its 2012 election campaign, the LNP made a commitment to freeze family car registration for three years.  The LNP said that this proposal is intended to ease the cost of living for Queensland families by saving them $15 to $20 a year. 

Proposed Amendments to the Queensland Public Advocate’s Powers

The Newman Queensland Government announced on 23 April 2012 that it had commenced drafting amendments to the Guardianship and Administration Act 2000 (Qld) to increase the powers of the Public Advocate.

Queensland’s Public Advocate is an independent statutory officer responsible for systemic advocacy on behalf of adults with impaired decision-making capacity.  This position differs from that of another independent statutory officer, the Adult Guardian, who primarily acts to protect the rights and interests of adults with impaired capacity. 

The Queensland Law Reform Commission’s (QLRC) 2009 A Review of Queensland’s Guardianship Laws Discussion Paper (Discussion Paper) noted (Volume 2, p 194):

Although the guardianship legislation in all other Australian jurisdictions establishes a body with similar functions and powers to the Queensland Adult Guardian, … no other Australian jurisdiction includes, as part of its guardianship system, a body [like the Queensland Office of Public Advocate] with the sole function of systemic advocacy ... 

Regulation of Bikie Gangs

In August 2009, when the Queensland Parliamentary Library published a Research Brief entitled Regulating Bikie Gangs (RBR No 2009/18), a number of Australian jurisdictions, including Queensland, were responding to a perceived increase in motorcycle club (‘bikie gang’) related violence through targeted policing operations and/or legislation.  A similar situation has again arisen and many of the issues discussed in the Brief remain relevant.  

Recent months have seen an escalation of bikie gang related violence, particularly in New South Wales and Queensland.  An incident which has gained significant media coverage, community unease and strong police and Government reaction was the shooting at Robina Shopping Town on the Gold Coast in late April 2012, resulting in the wounding of a bikie gang member and an innocent 53 year old female shopper.