2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend the law relating to justice and community safety, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Justice and Community Safety Legislation Amendment Act 2004 (No 2).

(1) This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

(2) To remove any doubt, the Legislation Act, section 79A (Commencement of amendment of uncommenced law) does not apply to the amendment made by part 11.

This part amends the Agents Act 2003.

1st

10th

This part amends the Bail Act 1992.

(1) The Magistrates Court may, on application under this division, review any decision of an authorised officer or the Magistrates Court (however constituted) in relation to bail.

(2) However, the Magistrates Court may review the decision only if the application for review is based on—

(a) a significant change in circumstances relevant to the granting of bail; or

(b) the availability of fresh evidence or information of material significance to the granting of bail to the person that was unavailable on the most recent application in relation to bail.

(3) The power of the Magistrates Court to review a decision under this section may be exercised whether or not any power to review the decision under section 38 has been exercised or been sought to be exercised.

court

Supreme Court

application to the judge

application in relation to bail

This part amends the Civil Law (Wrongs) Act 2002.

(b) the day that is 1 month after the later of the following days:

(i) the day the claimant first consults a lawyer to obtain advice about seeking damages for the personal injury;

(ii) the day the respondent is identified.

(2) The lawyer must not lodge a pleading in a court for filing, or file a pleading in a court, in relation to the claim unless the lawyer has lodged for filing or filed in the court, or the pleading is accompanied by, a certificate stating that the lawyer believes, on the basis of provable facts and a reasonably arguable view of the law, that the claim or defence has reasonable prospects of success.

This part amends the Confiscation of Criminal Assets Act 2003.

Note 3 Other important concepts are defined in the Legislation Act, dict, pt 1, including the following:

• indictment

• present.

Note 1 Indictment is defined in the Legislation Act, dict, pt 1 as including an information. (See also that Act, dict, pt 1, def present.)

Note 2 Found guilty, of an offence, is defined in the Legislation Act, dict, pt 1 as including—

(a) having the offence taken into account under the Crimes Act 1900, s 357 (which is about taking outstanding charges into account when passing sentence); and

(b) having an order made in relation to the offence under the Crimes Act 1900, s 402 (Conditional release of offenders without proceeding to conviction) or the Children and Young People Act 1999, s 96 (Disposition of young offenders).

Note 3 For the meaning of abscond, see s 16.

Note 1 For the meaning of in relation to, see dict.

Note 2 Indictment is defined in the Legislation Act, dict, pt 1 as including an information. (See also that Act, dict, pt 1, def present.)

Note 3 The court may allow leave for an application to be made after a time fixed by this section in certain circumstances (see s 49 and s 246).

(i) that the officer suspects that the property is tainted property; or

(ii) that the officer suspects that the property is subject to the offender’s effective control.

• present

Note Indictment is defined in the Legislation Act, dict, pt 1 as including an information. (See also that Act, dict, pt 1, def present.)

• section 16 (1)

• section 17

• section 29 (1)

• section 31 (2)

• section 47 (6)

• section 48 (5)

• section 67 (5)

• section 85 (3)

This part amends the Drugs of Dependence Act 1989.

drug of dependence means a substance prescribed by regulation as a drug of dependence for this definition.

prohibited substance means a substance prescribed by regulation as a prohibited substance for this definition.

drug of dependence means a substance prescribed by regulation as a drug of dependence for this definition.

This part amends the Legislation Act 2001.

(2) To remove any doubt and without limiting subsection (1), this section applies to any of the following powers if the power is to be exercised in relation to an entity to be established by the authorising law or the authorising law as amended by the amending law:

(a) a power to make an appointment to the entity;

(b) a power to make a statutory instrument for the purposes of the entity;

(c) a power to do anything else in relation to the entity.

This section applies to powers under an authorising law to be exercised in relation to the conduct of an election for members of a board to be established as a corporation by the authorising law.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2A) The power may be exercised at any time even though the authorising law, or the authorising law and amending law (or either of them), is not in force at the time.

(2B) For the exercise of the power, the authorising law, or the authorising law and amending law, are taken to be in force at the time of the exercise of the power.

(b) an offence by a corporation punishable by a fine of 100 penalty units or more;

(c) an aiding and abetting offence by an individual in relation to an offence by a corporation punishable by a fine of 100 penalty units or more.

present an indictment includes lay an information.

The amendments in this part take account of amendments of the Magistrates Court Act 1930 to be made by the Court Procedures (Consequential Amendments) Act 2004.

This part amends the Magistrates Court Act 1930.

(a) appeals to which division 3.10.2 (Appeals in criminal matters) applies;

(b) reference appeals under division 3.10.2A (Reference appeals in criminal matters);

(c) appeals from decisions of the Magistrates Court by way of orders to review under division 3.10.3 (Orders to review in criminal matters).

21 days

28 days

In this division:

reference appeal—see section 219AB (2).

(1) This section applies if a person has been tried on indictment in the Magistrates Court and acquitted in relation to all or part of the indictment.

(2) The Supreme Court may, on application by the Attorney-General or director of public prosecutions (the applicant), hear and decide (by a reference appeal) any question of law arising at or in relation to the trial.

(3) An application must be made within 6 weeks after the end of the trial, or within any longer period allowed by the Supreme Court.

(1) Each of the following people (each interested party) may be heard in a reference appeal:

(a) a person charged at the trial;

(b) a person who seeks to be heard, if the court is satisfied that the person has a sufficient interest in the appeal to be heard.

(2) If an interested party is not represented in the appeal, the applicant must instruct counsel to argue the reference appeal on the party’s behalf.

(3) The reasonable costs of legal representation of an interested party are payable by the Territory.

The decision on a reference appeal does not invalidate or affect any verdict or decision given at the trial.

21 days

28 days

reference appeal, for division 3.10.2A (Reference appeals in criminal matters)—see section 219AB (2).

This part amends the Security Industry Act 2003.

(1) A licensee commits an offence if—

(a) the licensee is asked to produce the licensee’s licence for inspection by—

(i) a police officer; or

(ii) an investigator; or

(iii) anyone with whom the licensee has dealings when carrying on a security activity; and

(b) the licensee does not produce the licence for inspection.

Maximum penalty: 10 penalty units.

(2) An offence against this section is a strict liability offence.

(3) Subsection (1) (a) (iii) does not apply to a licensee if—

(a) a regulation requires the licensee to wear another form of identification while carrying on the security activity; and

(b) the licensee wears the other form of identification while carrying on the security activity.

(4) In this section:

investigator—see the Fair Trading (Consumer Affairs) Act 1973, section 2.

(1) A person who holds an employee licence commits an offence if the person—

(a) carries on a security activity; and

(b) does not wear the licence so the licence number is clearly visible.

Maximum penalty: 10 penalty units.

(2) An offence against this section is a strict liability offence.

(3) Subsection (1) does not apply to—

(a) a person if—

(i) a regulation requires the person to wear another form of identification while carrying on the security activity; and

(ii) the person wears the other form of identification while carrying on the security activity; or

(b) a licensee if the commissioner for fair trading has exempted the licensee under subsection (4).

(4) On application, the commissioner for fair trading may, in writing, exempt a licensee from subsection (1) if satisfied that it is appropriate to exempt the licensee because of the special nature of the licensee’s functions.

This part amends the Security Industry Regulation 2003.

identification number—see section 12 (1).

(1) The commissioner for fair trading must allocate a unique number (the identification number) to the crowd controller.

(2) The master licensee must ensure that the crowd controller wears the identification number so that it is clearly visible while the controller is at the place.

(3) The crowd controller must wear the identification number so that it is clearly visible while the controller is at the place.

The Smoking (Prohibition in Enclosed Public Places) Act 2003, s 31 and s 35 amend the Liquor Act 1975.

This part amends the Smoking (Prohibition in Enclosed Public Places) Act 2003.

Presentation speech made in the Legislative Assembly on 2004.

Notified under the Legislation Act on 2004.

For the latest republication of amended laws, see www.legislation.act.gov.au.