Attorney-General Regulation 2000


Queensland Crest
Attorney-General Regulation 2000
Queensland Attorney- General Act 1999 Attorney-General Regulation 2000 Reprinted as in force on 5 May 2000 Reprint No. 1 * This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 SL No. 234 s 3 * Minor differences in presentation between this reprint and another reprint with the same number are due to the conversion to new styles. The content has not changed.
Information about this reprint This regulation is reprinted as at 5 May 2000. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. A table of reprints is included in the endnotes. See endnotes for information about when provisions commenced. Spelling The spelling of certain words or phrases may be inconsistent with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’).
Queensland Attorney-General Regulation 2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Application for a fiat—Act, s 7(1)(g)(ii) . . . . . . . . . . . . . . . . . . . . . 3 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 5 6 6
Attorney-General Regulation 2000 [s 1] Attorney-General Regulation 2000 [reprinted as in force on 5 May 2000] 1 Short title This regulation may be cited as the Attorney- General Regulation 2000 . 2 Application for a fiat—Act, s 7(1)(g)(ii) (1) An application for the Attorney-General to grant a fiat to start a proceeding in the Attorney-General’s name to enforce or protect public rights must contain the following information— (a) the applicant’s name, address, telephone number and fax number; (b) the reasons why the applicant can not obtain complete relief in the proceeding if the fiat is not granted; (c) whether the applicant has pursued other forms of relief, for example, mediation. (2) The application must be accompanied by the following documents— (a) the proposed originating process; (b) a certificate signed by counsel stating that— (i) the proceeding is appropriate to be started in the Attorney-General’s name; and (ii) the originating process is appropriate for the Attorney-General’s fiat; and (iii) the applicant can not obtain complete relief if the fiat is not granted; (c) an opinion from counsel as to the likelihood of success of the proceeding that details the facts of the case and explains the proceeding; Reprint 1 Page 3
Attorney-General Regulation 2000 [s 2] (d) a certificate signed by the applicant’s solicitor stating that the applicant is an appropriate person to act as relator in the proceeding; (e) a document signed by the applicant or the applicant’s solicitors undertaking that— (i) the proceeding is at the sole risk and cost of the applicant; and (ii) the applicant will pay all of the Attorney-General’s costs of the proceeding including any costs payable by the Attorney-General to a party; and (iii) the applicant indemnifies the Attorney-General for the proceeding; and (iv) the applicant will give the Attorney-General copies of all pleadings and other court documents for the proceeding; and (v) the applicant will only take any of the following steps with the Attorney-General’s approval— (A) amend the originating process for the proceeding; (B) discontinue the proceeding or withdraw part of it; (C) withdraw all or part of any answer to a counterclaim; (D) settle all or part of the proceeding. (3) If a proceeding has already started— (a) this section applies, with necessary changes, to an application in the proceeding; and (b) the application under this section must state the stage of the proceeding. Page 4 Reprint 1
Endnotes Attorney-General Regulation 2000 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Attorney-General Regulation 2000 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Reprint 1 Page 5
Attorney-General Regulation 2000 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments to none Effective 7 April 2000 Reprint date 5 May 2000 5 List of legislation Attorney-General Regulation 2000 SL No. 58 made by the Governor in Council on 6 April 2000 notfd gaz 7 April 2000 pp 1312–13 commenced on date of notification exp 1 September 2010 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. © State of Queensland 2010 Page 6 Reprint 1