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This is a Bill, not an Act. For current law, see the Acts databases.
JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and
Community Safety Legislation Amendment Bill 2006
Contents
Page
Part 1.1 Civil Law
(Wrongs) Act 2002 3
Part
1.2 Classification (Publications, Films and
Computer Games) (Enforcement) Act 1995 6
Part 1.3 Consumer
Credit Regulation 1996 6
Part 1.4 Court
Procedures Act 2004 10
Part 1.5 Domestic
Violence and Protection Orders Act 2001 11
Part 1.6 Fair
Trading (Consumer Affairs) Act 1973 12
Part 1.7 Human
Rights Commission Act 2005 14
Part 1.8 Land Titles
Act 1925 16
Part 1.9 Liquor Act
1975 16
Part
1.10 Magistrates Court (Security Industry
Infringement Notices) Regulation 2003 20
Part 1.11 Mental
Health (Treatment and Care) Act 1994 20
Part
1.12 Residential Tenancies Act
1997 20
Part 1.13 Sale of
Motor Vehicles Act 1977 24
Part 1.14 Security
Industry Act 2003 24
Part 1.15 Security
Industry Regulation 2003 27
Part
2.1 Administration and Probate Act
1929 28
Part
2.2 Administrative Appeals Tribunal Act
1989 39
Part
2.3 Administrative Decisions (Judicial Review)
Act 1989 40
Part 2.4 Adoption
Act 1993 40
Part 2.5 Animal
Diseases Act 2005 43
Part 2.6 Bail Act
1992 44
Part 2.7 Children
and Young People Act 1999 44
Part 2.8 Civil Law
(Wrongs) Act 2002 44
Part 2.9 Commercial
Arbitration Act 1986 46
Part 2.10 Consumer
and Trader Tribunal Act 2003 49
Part 2.11 Consumer
Credit (Administration) Act 1996 50
Part
2.12 Contractors Debts Act
1897 50
Part 2.13 Court
Procedures Act 2004 51
Part
2.14 Discrimination Act
1991 61
Part 2.15 Electoral
Act 1992 61
Part 2.16 Evidence
(Miscellaneous Provisions) Act 1991 62
Part
2.17 Guardianship and Management of Property
Act 1991 66
Part 2.18 Health
Professionals Act 2004 67
Part 2.19 Judicial
Commissions Act 1994 68
Part 2.20 Land
Titles Act 1925 68
Part 2.21 Leases
(Commercial and Retail) Act 2001 69
Part 2.22 Legal
Profession Act 2006 70
Part
2.23 Magistrates Court Act
1930 72
Part 2.24 Mental
Health (Treatment and Care) Act 1994 80
Part
2.25 Occupational Health and Safety Act
1989 81
Part
2.26 Partnership Act
1963 81
Part 2.27 Plant
Diseases Act 2002 82
Part
2.28 Residential Tenancies Act
1997 82
Part 2.29 Royal
Commissions Act 1991 82
Part 2.30 Supreme
Court Act 1933 83
Part 2.31 Victims of
Crime (Financial Assistance) Act 1983 91
Part 2.32 Wills Act
1968 91
Part 2.33 Workers
Compensation Act 1951 92
Part 2.34 Workers
Compensation Rules 2002 92
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community
Safety Legislation Amendment Bill 2006
A Bill for
An Act to amend laws 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
2006.
(1) The following provisions commence on the day after this Act’s
notification day:
• section 3
• schedule 1, part 1.2 (Classification (Publications, Films and
Computer Games) (Enforcement) Act 1995)
• schedule 1, part 1.6 (Fair Trading (Consumer Affairs) Act
1973)
• schedule 1, part 1.9 (Liquor Act 1975)
• schedule 1, part 1.13 (Sale of Motor Vehicles Act 1977)
• schedule 2, other than part 2.23 (Magistrates Court Act 1930) and
part 2.33 (Workers Compensation Act 1951).
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
(2) Schedule 1, part 1.7 (Human Rights Commission Act 2005) commences on
the commencement of the Human Rights Commission Act 2005, section
3.
(3) The remaining provisions of schedule 1 commence 21 days after this
Act’s notification day.
(4) Schedule 2, part 2.23 and part 2.33 commence on 1 January
2007.
3 Legislation
amended—schs 1 and 2
This Act amends the legislation mentioned in schedule 1 and schedule
2.
Schedule
1 General
amendments
(see s 3)
Part
1.1 Civil Law (Wrongs) Act
2002
[1.1] Section
4, note 1, new dot point
after 2nd dot point, insert
• s 203B (Further reports by insurers).
[1.2] Section
116, definition of Australian jurisdiction
substitute
Australian jurisdiction means—
(a) a State; or
(b) a Territory; or
(c) the Commonwealth.
[1.3] Section
123 (5), definition of Australian jurisdictional
area
substitute
Australian jurisdictional area means—
(a) the geographical area of Australia that lies within the territorial
limits of a particular State (including its coastal waters), but not including
any territory, place or other area referred to in paragraph (c); or
(b) the geographical area of Australia that lies within the territorial
limits of a particular Territory (including its coastal waters), but not
including any territory, place or other area referred to in paragraph (c);
or
(c) any territory, place or other geographical area of Australia over
which the Commonwealth has legislative competence but over which no State or
Territory has legislative competence.
substitute
(3) The report must—
(a) be given in the way required by regulation; and
(b) comply with any directions under section 203A.
[1.5] New
sections 203A and 203B
insert
203A Directions to insurers about reporting
requirements
(1) The Minister may give directions for insurers in relation to the
compiling of information to be included in a report under
section 203.
(2) A direction is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
203B Further reports by insurers
(1) The Minister may, by written notice given to an insurer, require the
insurer to give the Minister further stated information in relation to a report
provided by the insurer under this part.
(2) The notice must—
(a) allow the insurer a stated reasonable time to comply with the notice;
and
(b) require the insurer to give the information to the Minister in a
reasonable stated way.
(3) If an insurer is given a notice under subsection (1), the insurer
must comply with the notice.
Maximum penalty: 100 penalty units.
(4) An offence against this section is a strict liability offence.
Part
1.2 Classification (Publications,
Films and Computer Games) (Enforcement) Act 1995
insert
54BA Delegation by registrar
The registrar may delegate the registrar’s functions under this Act
or another territory law to a public servant.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
Part
1.3 Consumer Credit Regulation
1996
insert
(2A) The maximum annual percentage rate must be worked out in accordance
with section 6.
insert
(4) In this section:
temporary credit facility includes an overdraft facility and
a short-term extension of the total amount of credit available under an existing
credit contract.
Note This section is made under the Act, s 8B. The effect of a
contravention of this section is set out in s 8B. The maximum interest rate is
not part of the uniform provisions of the code in Australia.
insert
6 Working out maximum annual percentage
rate
(1) For the purposes of working out the maximum annual percentage rate
under a credit contract, the rate must be worked out as a nominal rate per year,
together with the compounding frequency, in accordance with this
section.
(2) The maximum annual percentage rate is worked out in accordance with
the following formula:
(3) In subsection (2):
n is the number of repayments per year to be made under the
credit contract annualised, except that—
(a) if repayments are to be made weekly or
fortnightly—n is to be 52.18 or 26.09, respectively;
and
(b) if the contract does not provide for a constant interval between
repayments—n is to be derived from the interval selected for
the purposes of the definition of j (see subsection
(4)).
r is the solution of the following:
(4) In subsection (3):
j is the time, measured as a multiple (not necessarily
integral) of the interval between contractual repayments that will have elapsed
since the first amount of credit is provided under the credit contract, except
that if the contract does not provide for a constant interval between repayments
an interval of any kind is to be selected by the credit provider as the unit of
time.
t is the time, measured as a multiple of the interval between
contractual repayments (or other interval so selected), that will elapse between
the time when the first amount of credit is provided and the time when the last
repayment is to be made under the contract.
Aj is the amount of credit to be provided under the contract
at time j (the value of j for the provision of the
first amount of credit is taken to be zero).
Rj is the repayment to be made at time
j.
Cj is the fee or charge (if any) payable by the debtor at
time j (j is taken to be zero for any such fee or
charge payable before the time of the first amount of credit provided) in
addition to the repayments Rj, being a credit fee or charge that
is ascertainable when the annual percentage rate is worked out.
(5) The maximum annual percentage rate must be correct to at least the
nearest 0.001% per year.
(6) In applying the formulas in this section, reasonable approximations
may be made if it would be impractical or unreasonably onerous to make a precise
calculation.
(7) The tolerances and assumptions under the code, sections 158 to 160
apply in working out the maximum annual percentage rate.
(8) If the credit contract is a continuing credit contract (within the
meaning of the code), the following assumptions also apply in working out the
maximum annual percentage rate:
(a) that the debtor has drawn down the maximum amount of credit that the
credit provider has agreed to provide under the contract;
(b) that the debtor will pay the minimum repayments specified in the
contract;
(c) if credit is provided for payment by the credit provider to a third
person in relation to goods, services or cash supplied by the third person to
the debtor from time to time—that the debtor will not be supplied with any
more goods, services or cash;
(d) if credit is provided for cash supplied by the credit provider to the
debtor—that the debtor will not be supplied with any more cash.
(9) For the purposes of the maximum annual percentage
rate—
(a) the amount of credit is the amount (or the maximum amount) required by
the debtor; and
(b) the term for which credit is provided is the term (or the maximum
term) required by the debtor.
Part
1.4 Court Procedures Act
2004
insert
Part 8 Supreme Court—criminal
proceedings
Division 8.1 Supreme Court criminal
proceedings—preliminary
75 Application—pt 8
This part applies to a criminal proceeding in the Supreme Court.
Division 8.2 Trial on
indictment
76 Trial proceedings after presentation of indictment
and before empanelment of jury
(1) The Supreme Court has jurisdiction in relation to the conduct of a
proceeding on indictment as soon as the indictment is presented and the accused
person is arraigned.
(2) Any orders that may be made by the Supreme Court for the purposes of
the trial in the absence of the jury may be made before—
(a) a jury is empanelled; or
(b) if the accused person elects to be tried by a judge alone—the
trial starts.
(3) If a proceeding is held for the purpose of making an order to which
subsection (2) applies after the indictment is presented and before a jury is
empanelled or a trial by judge alone starts—
(a) the proceeding is part of the trial of the accused person;
and
(b) if the accused person is to be tried by a jury—the accused
person must be arraigned again on the indictment when the jury is empanelled for
the continuation of the trial.
(4) This section does not require a jury to be empanelled for the trial of
the accused person for an offence if the accused person pleads guilty to the
offence before the jury is empanelled.
(5) This section applies only in relation to an indictment presented after
the commencement of this section.
(6) Subsection (5) and this subsection are declared to be laws to which
the Legislation Act, section 88 (Repeal does not end effect of transitional law
etc) applies.
(7) Subsections (5) and (6) and this subsection expire 2 years after the
day this section commences.
Part
1.5 Domestic Violence and Protection
Orders Act 2001
[1.11] Section
9 (2), definition of domestic violence offence, paragraph
(c) (ii)
substitute
(ii) section 316 (Going equipped with offensive weapon for theft
etc);
(iii) section 403, section 404, section 405, section 406, section 407
or section 408 (which deal with property offences); or
[1.12] Schedule
1, new item 10A
insert
10A
|
26A
|
common assault—summary offence
|
[1.13] Schedule
1, item 38
omit
[1.14] Schedule
1, items 40 and 41
substitute
40
|
380
|
possession of offensive weapons and disabling substances
|
41
|
381
|
possession of offensive weapons and disabling substances with
intent
|
Part
1.6 Fair Trading (Consumer Affairs)
Act 1973
[1.15] Section
2, new definition of fair trading legislation
insert
fair trading legislation means—
(a) the Agents Act 2003; or
(b) the Fair Trading Act 1992; or
(c) the Fair Trading (Consumer Affairs) Act 1973; or
(d) the Security Industry Act 2003.
[1.16] Section
7 (1), new note
insert
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
omit
substitute
8 Delegation by commissioner
(1) The commissioner may delegate the commissioner’s functions under
the consumer and trader legislation or another territory law to a public
servant.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
(2) In this section:
consumer and trader legislation means the
following:
(a) the consumer credit legislation;
(b) the fair trading legislation;
(c) the Pawnbrokers Act 1902;
(d) the Second-hand Dealers Act 1906;
(e) the trade measurement legislation.
consumer credit legislation—see the Consumer Credit
(Administration) Act 1996, section 3.
trade measurement legislation—see the Trade
Measurement (Administration) Act 1991, section 3.
[1.19] Section
8A, definition of fair trading legislation
omit
Part
1.7 Human Rights Commission Act
2005
in division 3.2, insert
19AA Delegation of president’s
functions
The president may delegate the president’s functions under this Act
or another territory law, except the function of conciliation, to a member of
the staff of the commission.
Note 1 For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
Note 2 Section 56 deals with delegation of the function of
conciliation.
insert
19BA Delegation of children and young people
commissioner’s functions
The children and young people commissioner may delegate the
commissioner’s functions under this Act or another territory law to a
member of the staff of the commission.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
in division 3.4, insert
21A Delegation of disability and community services
commissioner’s functions
The disability and community services commissioner may delegate the
commissioner’s functions under this Act or another territory law to a
member of the staff of the commission.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
in division 3.5, insert
23A Delegation of discrimination commissioner’s
functions
The discrimination commissioner may delegate the commissioner’s
functions under this Act or another territory law to a member of the staff of
the commission.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
in division 3.6, insert
25A Delegation of health services
commissioner’s functions
The health services commissioner may delegate the commissioner’s
functions under this Act or another territory law to a member of the staff of
the commission.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
in division 3.7, insert
27A Delegation of human rights commissioner’s
functions
The human rights commissioner may delegate the commissioner’s
functions under this Act or another territory law to a member of the staff of
the commission.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
Part
1.8 Land Titles Act
1925
[1.26] New
section 72A (3)
insert
(3) The variation takes effect when the registrar-general endorses on the
folium of the register constituted by the relevant certificate of title the
memorial mentioned in subsection (2).
substitute
21 Appointment of registrar and deputy
registrar
(1) The chief executive may appoint a public servant as the Registrar of
Liquor Licences.
(2) The chief executive may appoint a public servant as the Deputy
Registrar of Liquor Licences.
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see s 207).
(3) The deputy registrar may exercise any of the registrar’s
functions under this Act or another territory law, subject to any direction of
the registrar.
(4) If—
(a) immediately before the commencement of this section, the duties of an
office in the public service included exercising the functions of the Registrar
of Liquor Licences; and
(b) the chief executive has not made an appointment under subsection (1);
and
(c) the duties of the office have not ceased to include exercising the
functions of the Registrar of Liquor Licences;
the public servant for the time being occupying the office is the Registrar
of Liquor Licences.
Note Occupy a position is defined in the Legislation Act,
dict, pt 1 (see also def office).
(5) If—
(a) immediately before the commencement of this section, the duties of an
office in the public service included exercising the functions of the Deputy
Registrar of Liquor Licences; and
(b) the chief executive has not made an appointment under subsection (2);
and
(c) the duties of the office have not ceased to include exercising the
functions of the Deputy Registrar of Liquor Licences;
the public servant for the time being occupying the office is the Deputy
Registrar of Liquor Licences.
Note Occupy a position is defined in the Legislation Act,
dict, pt 1 (see also def office).
(6) Subsections (4) and (5) are laws to which the Legislation Act,
section 88 (Repeal does not end effect of transitional laws etc)
applies.
(7) Subsections (4) to (6) and this subsection expire 1 year after the day
this section commences.
22 Delegation by registrar
The registrar may delegate the registrar’s functions under this Act
or another territory law to a public servant.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
23 Inspectors of licensed
premises
(1) The chief executive may appoint a public servant as an inspector of
licensed premises.
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see s 207).
(2) An inspector exercises the functions required by this Act, or as the
registrar directs for this Act.
(3) If—
(a) immediately before the commencement of this section, the duties of an
office in the public service included exercising the functions of an inspector;
and
(b) the chief executive has not made an appointment under subsection (1);
and
(c) the duties of the office have not ceased to include exercising the
functions of an inspector;
the public servant for the time being occupying the office is an
inspector.
Note Occupy a position is defined in the Legislation Act,
dict, pt 1 (see also def office).
(4) Subsection (3) is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
(5) Subsections (3) and (4) and this subsection expire 1 year after the
day this section commences.
omit
Despite section 21 (3), the registrar
substitute
The registrar
[1.29] Dictionary,
definition of deputy registrar
omit
under section 22
[1.30] Dictionary,
definition of registrar
omit
under section 21
Part
1.10 Magistrates Court (Security
Industry Infringement Notices) Regulation 2003
[1.31] Schedule
1, new items 6A and 6B
insert
6A
|
42 (2)
|
10
|
100
|
6B
|
42A (3)
|
10
|
100
|
Part
1.11 Mental Health (Treatment and
Care) Act 1994
[1.32] New
section 55N (3)
insert
(3) To remove any doubt, section 94 (Notice of proceedings) does not apply
to the making of an emergency electroconvulsive therapy order in relation to a
person.
Part
1.12 Residential Tenancies Act
1997
[1.33] Section
71C (1) (d) and (e)
substitute
(d) the agreement is not a residential tenancy agreement.
substitute
(4) The registrar may delegate the registrar’s functions under this
Act to a public servant.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
substitute
115 Jurisdiction of tribunal
generally
(1) The tribunal has exclusive jurisdiction to hear and decide any matter
that may be the subject of an application to the tribunal under—
(a) this Act; or
(b) the standard residential tenancy terms; or
(c) the standard occupancy terms.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(2) However, the tribunal does not have jurisdiction to make an order
for—
(a) the payment of an amount greater than $25 000; or
(b) work of a value greater than $25 000.
(3) This section is subject to—
(a) section 115B; and
(b) the Self-Government Act, section 48A (Jurisdiction and powers of
the Supreme Court).
Note The Self-Government Act, s 48A provides as
follows:
(1) The Supreme Court is to have all original and appellate jurisdiction
that is necessary for the administration of justice in the Territory.
(2) In addition, the Supreme Court may have such further jurisdiction as
is conferred on it by any Act, enactment or Ordinance, or any law made under any
Act, enactment or Ordinance.
(3) The Supreme Court is not bound to exercise any powers where it has
concurrent jurisdiction with another court or tribunal.
115A Saving of court
jurisdiction
(1) A claim for payment of an amount, or for work of a value, exceeding
$10 000 may be made in a court competent to hear and decide claims based on
contract for the amount claimed.
(2) If a claim mentioned in subsection (1) may be made—
(a) the claimant may also make any other claim related to the relevant
tenancy dispute or occupancy dispute; and
(b) the court in which the proceeding is brought may exercise the powers
of the tribunal under this Act.
(3) This section has effect despite section 115.
115B Extended jurisdiction of tribunal with agreement
of parties
(1) This section applies if—
(a) an application (the original application) is made to the
tribunal under—
(i) this Act; or
(ii) the standard residential tenancy terms; or
(iii) the standard occupancy terms; and
Note A reference to an Act includes a
reference to the statutory instruments made or in force under the Act, including
any regulation (see Legislation Act, s 104).
(b) the parties to the proceeding agree to the tribunal exercising
extended jurisdiction under this section.
(2) The tribunal has jurisdiction (extended jurisdiction) to
hear and decide any matter that—
(a) arises out of, or is ancillary to, the dispute that gave rise to the
original application; and
(b) the Magistrates Court has jurisdiction to hear and decide under the
Magistrates Court Act 1930, part 4.2 (Civil jurisdiction).
(3) If the tribunal is exercising extended jurisdiction, the tribunal may
exercise the jurisdiction and powers of the Magistrates Court under the
Magistrates Court Act 1930, part 4.2 (Civil jurisdiction).
Note The Magistrates Court has jurisdiction to hear and decide any
personal action at law if the amount claimed is not more than $50 000 (see
the Magistrates Court Act 1930, s 257).
renumber as section 115C
Part
1.13 Sale of Motor Vehicles Act
1977
insert
94 Delegation by registrar
The registrar may delegate the registrar’s functions under this Act
or another territory law to a public servant.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
renumber as section 95
Part
1.14 Security Industry Act
2003
[1.39] New
section 36 (f) and (g)
insert
(f) a decision under section 42A to refuse to exempt a licensee from a
provision of section 42;
(g) a decision under section 42A to exempt a licensee from a provision of
section 42 subject to conditions.
after
variation to a licence
insert
, or a licensee,
substitute
42 Wearing of licences etc
(1) A person commits an offence if the person—
(a) holds an employee licence; and
(b) carries out any of the following security activities:
(i) patrol, guard, watch or protect property (including cash in
transit);
(ii) act as a bodyguard;
(iii) act as a crowd controller; and
(c) does not wear the licence so the licence number is clearly
visible.
Maximum penalty: 10 penalty units.
(2) A person commits an offence if the person—
(a) holds an employee licence; and
(b) carries out any of the following security activities:
(i) act as a security consultant;
(ii) sell security equipment;
(iii) carry out surveys and inspections of security equipment;
(iv) give advice about security equipment;
(v) install, maintain, monitor, repair or service security equipment;
and
(c) either—
(i) does not carry the licence; or
(ii) fails to produce it for inspection on demand by a person in relation
to whom the person is carrying out the activities.
Maximum penalty: 10 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) This section does not apply to—
(a) a person carrying on a security activity 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 section 42A.
(5) In this section:
security consultant—see section 13 (2).
42A Exemption for wearing of licences
etc
(1) On application by a licensee, the commissioner for fair trading may,
in writing, exempt a licensee from a provision of section 42 if satisfied that
it is appropriate to exempt the licensee because of the special nature of the
licensee’s functions.
(2) An exemption under subsection (1) may be subject to
conditions.
(3) A licensee commits an offence if the licensee contravenes a condition
of the exemption.
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability
offence.
Part
1.15 Security Industry Regulation
2003
[1.42] Section
10, definition of identification number
substitute
identification number, for the crowd controller, means the
number allocated to the crowd controller under section 18.
substitute
12 Identification number—Act, s 41 and s
42
(1) The master licensee must ensure that the crowd controller wears the
crowd controller’s identification number so that it is clearly visible
while the crowd controller is at the place.
(2) The crowd controller must wear the crowd controller’s
identification number so that it is clearly visible while the crowd controller
is at the place.
insert
18 Allocation of identification numbers to crowd
controllers
(1) This section applies if the commissioner for fair trading issues a
licence to a person that authorises the person to act as a crowd
controller.
(2) The commissioner for fair trading must allocate a unique number to the
person.
Schedule
2 Amendments arising out of
harmonisation of court rules
(see s 3)
Part
2.1 Administration and Probate Act
1929
[2.1] Section
5 (1), definition of deputy registrar
omit
[2.2] Section
5 (1), definition of registrar
substitute
registrar means the registrar of the Supreme
Court.
omit
omit everything after paragraph (c), substitute
the Supreme Court must not grant the relief sought unless it has made a
finding about the domicile of the deceased person at the time of
death.
omit
lodged with the registrar
substitute
filed in the Supreme Court under the rules
omit everything before paragraph (a), substitute
(3) If a caveat against the distribution of an estate has been filed in
the Supreme Court in accordance with a notice under subsection (1) (e) and the
caveat is in force under the rules—
omit
lodged
substitute
filed
substitute
(4) Despite the filing of a caveat in the Supreme Court in accordance with
subsection (1) (e), the court may, on application under subsection (3) (b), make
an order authorising the executor or administrator of an estate to distribute
the estate among the people entitled to it.
[2.9] Sections
10 and 10A
omit
substitute
(3) The Supreme Court must not grant administration of an intestate estate
to a person mentioned in subsection (1) (e) if there is anyone else to whom
administration may be granted under this section who—
(a) in the court’s opinion, can be trusted with administration of
the estate; and
(b) applies to be granted administration of the estate.
[2.11] Sections
20 and 20A
substitute
20 Renunciation or non-appearance by
executor
(1) This section applies if—
(a) the person appointed executor by a will renounces probate of the will;
or
(b) the person appointed executor by a will survives the testator but dies
without having taken out probate of the will; or
(c) an application is made in the Supreme Court under section 25
(Failure of executor to prove will) in relation to the person appointed executor
by a will and the person does not file in the court a notice of intention to
respond or defence within the time required by the rules.
(2) The person’s rights as executor of the will cease, and the
representation of the testator and the administration of the testator’s
estate are taken, without further renunciation, to devolve as if the person had
not been appointed executor.
20A Renunciation etc by person appointed both
executor and trustee of will
(1) If section 20 (1) (a) or (c) applies to a person who is appointed by a
will both executor and trustee, the person is taken to have disclaimed the trust
contained in the will.
(2) If—
(a) section 20 (1) (a), (b) or (c) applies to a person who is appointed by
a will both executor and trustee, and administration with the will annexed is
granted to a trustee company; or
(b) a person appointed by a will both executor and trustee authorises a
trustee company to apply for administration with the will annexed, and
administration with the will annexed is granted to the trustee
company;
the trustee company is taken, because of the grant of administration and
without any further appointment, to be appointed trustee of the will in the
person’s place.
(3) In this section:
trustee company—see the Trustee Companies Act
1947, dictionary.
substitute
25 Failure of executor to prove
will
(1) This section applies if the person named as executor in a
will—
(a) fails to prove the will or renounce probate within 3 months after the
later of the following:
(i) the date of the testator’s death;
(ii) the date the executor turns 18 years old; or
(b) is unknown or cannot be found.
(2) The Supreme Court may, on application under the rules, make an order
for administration of the estate, and any other orders, the court considers
appropriate.
omit
rescission
substitute
revocation
[2.14] Section
28, heading
omit
rescinded
substitute
revoked
omit
rescind
substitute
revoke
omit
rescission
substitute
revocation
omit
rescission
substitute
revocation
omit
unrescinded
substitute
unrevoked
omit
or rescinded
omit
omit
, in the prescribed form,
substitute
58 Examination and passing of accounts
etc
(1) The rules may require—
(a) the executor or administrator of the estate of a deceased person to
file an inventory of the estate; and
(b) accounts of the executor or administrator of the estate of a deceased
person to be examined and passed.
(2) The Supreme Court may, by order, require—
(a) the executor or administrator of the estate of a deceased person to
file an inventory of the estate; and
(b) accounts of the executor or administrator of the estate of a deceased
person to be examined and passed.
(3) An order of the Supreme Court passing an account of the executor or
administrator of the estate of a deceased person—
(a) is evidence of its correctness; and
(b) operates, after the end of 3 years after the date of the order, to
release the executor or administrator.
(4) However, subsection (3) (b) does not apply to an account as far as
someone interested in the estate shows that an error or omission or fraudulent
entry has been made in the account.
omit
or rescinded
[2.24] Section
69 (2) and (3)
omit
substitute
70 Executors etc may be allowed
commission
The Supreme Court may allow out of the assets of a deceased person to the
person’s executor, administrator or trustee the commission or percentage
for his or her services that is just.
[2.26] Section
71 (4) and (5)
substitute
(4) If the net value of the estate is more than $4 000, a solicitor
may give a bill of costs for the solicitor’s work to the executor or
administrator and have it assessed under the rules.
(5) If the net value of the estate is not more than $4 000, the
Supreme Court may, if a solicitor’s work has been of exceptional length or
difficulty, give leave for the solicitor to have a bill of costs for the work
assessed under the rules.
substitute
(7) If subsection (4) or (5) applies, the costs as assessed under the
rules, and no more, are payable out of the estate.
(8) If a bill of costs is assessed under subsection (4) or (5) and the
amount of the bill (excluding the costs of having it assessed and the amounts
mentioned in subsection (3)) does not, after assessment, exceed the amount that
would otherwise have been payable under subsection (1), the costs of having the
bill assessed are payable by the solicitor.
[2.28] Sections
73 and 74
omit
[2.29] Section
77 (1) (c)
substitute
(c) a caveat is not in force under the rules in relation to the estate;
and
[2.30] Section
80 heading, note
omit
[2.31] Section
80 (2) and (3)
substitute
(2) On application by a relevant person, the Supreme Court may order that
the probate, administration or order be sealed with the seal of the
court.
[2.32] Sections
80A, 81 and 82
omit
omit
shall deposit the will with the registrar
substitute
must file the will in the Supreme Court
omit
in the office of the registrar
substitute
in the Supreme Court
[2.35] Section
87C (6) and (8)
omit
shall, forthwith, file in the office of the registrar
substitute
must file in the Supreme Court
[2.36] Section
88 (2) to (6)
substitute
(2) The Supreme Court may, in any case—
(a) require the public trustee to give the notices, produce the evidence,
or do anything else, the court considers appropriate before granting the order
applied for; or
(b) make a temporary order for collection or protection only or a
temporary order limited to a part of the estate or otherwise.
(3) In this section:
partner, in relation to a deceased person, has the same
meaning as it has in part 3A (Intestacy) in relation to an intestate.
substitute
(2) An application for a grant under subsection (1) must be served on the
public trustee in accordance with the rules.
omit
on affidavit
[2.39] Section
95 (2) (a)
omit
, within 2 days after the date of service of the order,
substitute
96 Orders on complaints under s
95
(1) On the hearing of a complaint under section 95, the Supreme Court may
make any order that it considers just.
(2) To remove any doubt, an order under subsection (1) has effect, and may
be enforced, as if it had been made by the Supreme Court in a proceeding between
the parties to the complaint.
[2.41] Section
97A (2) and (3)
omit
omit
[2.43] Sections
125 to 126
omit
insert
Part 10 Transitional
150 Things done by registrar of probates
etc
(1) Anything done before the commencement of this section under this Act
or another territory law by or in relation to the Registrar of Probates or a
Deputy Registrar of Probates is taken, after the commencement of this section,
also to have been done by the registrar of the Supreme Court.
(2) Anything done before the commencement of this section under this Act
or the Wills Act 1968 by or in relation to the registrar or deputy
registrar of the Supreme Court is taken also to have been done by the Registrar
of Probates.
(3) This section is a law to which the Legislation Act, section 88 (Repeal
does not end effect of transitional laws etc) applies.
(4) This section expires 6 months after the day it commences.
Part
2.2 Administrative Appeals Tribunal
Act 1989
substitute
46 Appeals from tribunal to Supreme
Court
(1) A party to a proceeding before the tribunal may appeal to the Supreme
Court on a question of law from a decision of the tribunal in the
proceeding.
(2) The appeal may be brought only with the Supreme Court’s
leave.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers), r 5072 (Appeals to Supreme Court—time
for filing application for leave to appeal) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
omit
Part
2.3 Administrative Decisions (Judicial
Review) Act 1989
substitute
(3) In this section:
review includes—
(a) a review by way of reconsideration, rehearing or appeal; and
(b) the grant of an injunction; and
(c) the making of a prerogative order, declaration or other
order.
Part
2.4 Adoption Act
1993
[2.48] Section
4 (1), definition of file
omit
substitute
(a) was under 18 years old on the day the application was filed in the
court; or
substitute
22 Notice of application for adoption
order
(1) An adoption order must not be made unless the applicants have, not
later than 28 days before the return date for the application, served written
notice of the application and its return date on—
(a) anyone whose consent to the adoption is required but whose consent has
not been given; and
(b) anyone whose consent is not required but with whom the child lives or
who has guardianship or custody of the child.
(2) On application, the Supreme Court may dispense with the requirement to
serve notice under subsection (1).
(3) If it appears to the Supreme Court to be necessary in the interests of
justice, the court may, on application or its own initiative, direct that notice
of an application for an adoption order and its return date be served on
anyone.
[2.51] Section
26 (5) and (6)
substitute
(5) A discharging order must not be made unless the applicant has, not
later than 28 days before the return date for the application, served written
notice of the application and its return date on each person whose consent to
the adoption was required.
(6) On application, the Supreme Court may dispense with the requirement to
serve notice under subsection (5).
substitute
31 Revocation of consent
(1) A person who consents to the adoption of a child may revoke the
consent only by filing a notice of revocation in the Supreme Court before the
end of—
(a) 30 days after the day the instrument of consent is signed;
or
(b) if before the end of the 30-day period the person files in the Supreme
Court a notice stating the person needs further time—14 days after the end
of the 30-day period.
(2) A period applying under subsection (1) may not be extended.
(3) Subsection (2) has effect despite the Legislation Act, section 151C
(Power to extend time).
(4) The registrar of the Supreme Court must tell the chief executive in
writing about a notice filed under subsection (1).
(5) When the period within which a person’s consent to the adoption
of a child may be revoked ends, the chief executive must tell the person in
writing.
[2.53] Section
41 heading
substitute
41 Amendment of adoption
condition
omit
varied or revoked
substitute
amended
omit
vary or revoke
substitute
amend
omit
A variation
substitute
An amendment
substitute
(a) if the condition is omitted; or
Part
2.5 Animal Diseases Act
2005
substitute
(b) is not subject to a prerogative order or injunction in any
court.
omit
writ of habeas corpus
substitute
habeas corpus order
Part
2.7 Children and Young People Act
1999
[2.60] Section
53A (6) (b)
substitute
(b) is not subject to a prerogative order or injunction in any
court.
Part
2.8 Civil Law (Wrongs) Act
2002
omit
omit
substitute
107J Including non-party concurrent
wrongdoer
(1) In a proceeding in a court involving an apportionable claim, any
number of people may be included as defendants.
(2) However, a person may be included as a defendant only with the
court’s leave.
(3) The court must not give leave for a person to be included as a
defendant if the person was a party to a previously concluded proceeding in
relation to the claim.
omit
court or tribunal
substitute
tribunal
omit
[2.66] Sections
193 and 194
omit
court or tribunal
substitute
tribunal
[2.67] Section
195 heading
substitute
195 Referral by tribunal for mediation or neutral
evaluation
[2.68] Section
195 (1) and (2)
omit
court or tribunal
substitute
tribunal
omit
[2.70] Sections
197, 198 (1) and 199 (1)
omit
court or tribunal
substitute
tribunal
Part
2.9 Commercial Arbitration Act
1986
omit
an action
substitute
a proceeding in the court
[2.72] Section
34 (1) (b)
omit
tax
substitute
assess
[2.73] Section
34 (1) (c) and (2)
omit
taxed
substitute
assessed
omit
taxable in
substitute
assessed by
[2.75] Section
35 heading
substitute
35 Assessment of arbitrator’s or umpire’s
fees or expenses
[2.76] Section
35 (1) (b) and (2)
omit
taxed in
substitute
assessed by
omit
taxation
substitute
assessment
omit
taxed
substitute
assessed
omit
on taxation
substitute
by the assessment
[2.80] Section
38 (3) (a)
omit
vary
substitute
amend
omit
varied
substitute
amended
substitute
(2) An application under subsection (1) must not, except with the leave of
the court in which the proceeding is started, be made after the applicant has
filed pleadings or taken any other step in the proceeding other than the filing
of a notice of intention to respond or defence.
omit
Part
2.10 Consumer and Trader Tribunal Act
2003
substitute
51 Appeals from tribunal to Supreme
Court
(1) A party to a proceeding before the tribunal may appeal to the Supreme
Court on a question of law from a decision of the tribunal in the
proceeding.
(2) The appeal may be brought only with the Supreme Court’s
leave.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers), r 5072 (Appeals to Supreme Court—time
for filing application for leave to appeal) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
Part
2.11 Consumer Credit (Administration)
Act 1996
substitute
94 Appeals from tribunal to Supreme
Court
(1) A party to a proceeding before the tribunal may appeal to the Supreme
Court on a question of law from a decision of the tribunal in the
proceeding.
(2) The appeal may be brought only with the Supreme Court’s
leave.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers), r 5072 (Appeals to Supreme Court—time
for filing application for leave to appeal) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
Part
2.12 Contractors Debts Act
1897
omit
or originating summons
omit
, in the application, prove on oath or affidavit
substitute
prove
Part
2.13 Court Procedures Act
2004
[2.88] Section
13 (1) (a) (i)
omit
and enrolment
[2.89] Section
13 (1) (a) (iii)
substitute
(iii) the assessment of costs;
relocate to Evidence (Miscellaneous Provisions) Act 1991 as part 6 and
renumber sections 53, 54 and 55 as sections 90, 91 and 92
substitute
Part 6 Procedural provisions—all
proceedings
53 Application—pt 6
This part applies to all proceedings in the Supreme Court or Magistrates
Court.
54 No distinction between court and
chambers
The business of a court, wherever it is conducted, is taken to be conducted
in court.
Part 7 Procedural provisions—civil
proceedings
60 Application—pt 7
This part (other than section 63) applies to a civil proceeding in the
Supreme Court or Magistrates Court.
Note Section 63 (Receivers) applies only to a civil proceeding in
the Supreme Court.
61 Counterclaims and third
parties
(1) In a proceeding in the court, the defendant is entitled to relief
(whether at law or in equity)—
(a) against the plaintiff, if the relief claimed would have been granted
to the defendant if the defendant had started a separate proceeding against the
plaintiff; or
(b) against someone other than the plaintiff, if—
(i) the relief claimed relates to the subject matter of the proceeding;
and
(ii) the person is served with written notice of the claim; and
(iii) the claim would have been granted to the defendant if the defendant
had started a separate proceeding against the person.
(2) If a person is served with a notice mentioned in subsection (1)
(b) (ii), the person is taken to be a party to the relevant proceeding with the
same rights as if the defendant had started a separate proceeding against the
person.
62 Injunctions
(1) At any stage of a proceeding, the court may grant an injunction
(interlocutory or otherwise) on the conditions the court considers appropriate
if the court considers it appropriate to do so.
(2) Without limiting subsection (1), the court may grant an injunction to
restrain any threatened or apprehended waste, trespass, breach of contract or
other injury.
(3) Subsection (2) applies in relation to a threatened waste or trespass
to land whether or not—
(a) the person against whom the injunction is sought claims any title to
the land; or
(b) that person is in possession of the land; or
(c) the estates claimed by both or either of the parties are legal or
equitable.
63 Receivers
(1) This section applies only to a civil proceeding in the Supreme
Court.
(2) At any stage of the proceeding, the court may appoint a receiver if
the court considers it appropriate to do so.
(3) The appointment may be made on the conditions the court considers
appropriate.
64 Rules of practice and procedure—judicial
discretion
In a proceeding, if no provision about a matter of practice or procedure of
a court is made under this Act or another territory law, the court may give the
directions about practice and procedure that it considers appropriate.
65 Appearance by lawyer
A party to a proceeding in a court may appear before the court either
personally or by a lawyer.
insert
Part 12 Transitional—rules of
court
500 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the making of rules under this Act or the
amendments made by the Justice and Community Safety Legislation Amendment Act
2006, schedule 2.
(2) A regulation may modify this part (including its operation in relation
to another territory law) to make provision in relation to anything that, in the
Executive’s opinion, is not, or is not adequately or appropriately, dealt
with in this part.
(3) A regulation under subsection (2) has effect despite anything
elsewhere in this Act or another territory law.
501 Construction of outdated
references
(1) In an Act, statutory instrument or document, a reference to the
Supreme Court Rules 1937, the Supreme Court (Admission of Legal
Practitioners) Rules 1998, the Supreme Court (Corporations) Rules
2003, the Magistrates Court Rules 1932 or the Magistrates Court
(Civil Jurisdiction) Rules 2004 is, in relation to anything to which the
Court Procedures Rules 2006 apply, a reference to those rules.
(2) In an Act, statutory instrument or document, a reference to a
provision of the Supreme Court Rules 1937, the Supreme Court
(Admission of Legal Practitioners) Rules 1998, the Supreme Court
(Corporations) Rules 2003, the Magistrates Court Rules 1932 or the
Magistrates Court (Civil Jurisdiction) Rules 2004 is, in relation to
anything to which the Court Procedures Rules 2006 apply, a reference to
the corresponding provision of those rules.
(3) In an Act, statutory instrument or document, a reference to anything
that is no longer applicable because of the making of rules under this Act or
the amendments made by the Justice and Community Safety Legislation Amendment
Act 2006, schedule 2, and for which there is a corresponding thing under the
rules or in legislation amended by that schedule, is taken to be a reference to
the thing under the rules or in the legislation, if the context allows and if
otherwise appropriate.
Examples
1 A ‘notice of motion’ is taken to be an
‘application’.
2 A reference to entering an appearance in relation to an originating
process in a civil proceeding is taken to be a reference to filing a notice of
intention to respond in the court or filing a defence (if the defendant chooses
not to file a notice of intention to respond but files a defence).
3 A reference to taxation of costs is taken to be a reference to assessment
of costs.
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).
(4) This section is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
502 Abolition of old enforcement
processes
(1) All writs in aid of enforcement are abolished.
(2) For a law in force immediately before the commencement of this section
that expressly or impliedly refers to a writ in aid of enforcement, the
reference is taken to be a reference to the equivalent enforcement order under
rules made under this Act, if the context allows.
(3) This section does not affect the validity of a writ in aid of
enforcement issued before the commencement of this section.
(4) In this section:
writ in aid of enforcement includes a writ of capias ad
respondendum, writ of capias ad satisfaciendum, writ of elegit, writ
or warrant of execution, writ of fieri-facias, writ of ne exeat colonia
or a writ subsequent to those writs as a procedure of enforcement.
(5) This section is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
503 Right to claim set-off
(1) The provisions of the Court Procedures Rules 2006 about a
defendant being able to rely on set-off as a defence to all or part of a claim
made by the plaintiff extend to—
(a) any debt arising under an agreement entered into before the
commencement of those rules; and
(b) any other debt arising before the commencement of those
rules.
(2) However, the court may order that the provisions mentioned in
subsection (1) do not apply to a debt mentioned in subsection (1) (a) if it is
satisfied that it would be in the interests of justice to make the
order.
(3) This section is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
504 Abolition of distinction between court and
chambers
(1) This section applies to the Supreme Court and the Magistrates
Court.
(2) The distinction between court and chambers is abolished.
(3) This section is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
505 Application of sch 1
amendments
(1) The amendments of schedule 1 made by the Justice and Community
Safety Legislation Amendment Act 2006 have effect in relation to the
Court Procedures Rules 2006 SL2006-29 as if those amendments had been
made, and were in force, immediately before those rules were made.
(2) This section is a law to which the Legislation Act, section 88 (Repeal
does not end effect of transitional laws etc) applies.
(3) This section expires 2 months after the day it commences.
506 Expiry—pt 12
This part expires on 1 July 2008.
[2.93] Schedule
1, item 6 (h) and (i)
substitute
(h) confidentiality for mediators, neutral evaluators and expert
witnesses;
(i) protection from liability for mediators, neutral evaluators and expert
witnesses;
(j) transitional arrangements
[2.94] Schedule
1, item 9 (e)
substitute
(e) set-off and contribution, including, for example, rights to set-off
and contribution;
(f) third-party procedure
[2.95] Schedule
1, item 10
substitute
10 Steps in proceedings
steps in proceedings, including, for example, the first step for a
defendant in a proceeding
[2.96] Schedule
1, item 12 (d)
substitute
(d) disclosure of experts reports;
[2.97] Schedule
1, item 13
substitute
13 Preservation of rights and
property
preservation of rights and property, including, for example, the
following:
(a) inspection, detention and preservation of property;
(b) injunctions;
(c) for the Supreme Court—receivers and sales of land by court
order
[2.98] Schedule
1, item 17 (g) and (h)
substitute
(g) making findings of liability independently of awarding
damages;
(h) assessment and awarding of damages, including, for
example—
(i) structured settlements, that is, payment of awards of damages
otherwise than in lump sum form; and
(ii) awarding damages independently of making findings of
liability;
(i) simplifies procedures for certain claims
[2.99] Schedule
1, item 19 (e)
substitute
(e) for the Supreme Court—prerogative orders, including prerogative
injunctions and declarations, and the form in which prerogative relief or remedy
may be granted;
(f) for the Supreme Court—habeas corpus orders, including the form
in which relief by way of habeas corpus may be granted
[2.100] Schedule
1, item 24
omit
for the Supreme
substitute
(1) for the Supreme
[2.101] Schedule
1, item 24 (b)
substitute
(b) proceedings for failure to comply with orders, other than orders to
pay an amount;
(c) contempt of the Magistrates Court
[2.102] Schedule
1, new item 24 (2)
insert
(2) for the Magistrates Court, the power to refer contempt of court to the
Supreme Court
[2.103] Schedule
1, item 26 (e)
omit
Part
2.14 Discrimination Act
1991
substitute
108DB Appeals from tribunal to Supreme
Court
(1) A party to a proceeding before the tribunal may appeal to the Supreme
Court on a question of law from a decision of the tribunal in the
proceeding.
(2) The appeal may be brought only with the Supreme Court’s
leave.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers), r 5072 (Appeals to Supreme Court—time
for filing application for leave to appeal) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
Part
2.15 Electoral Act
1992
omit everything after subsection (1) (b), substitute
(c) is not subject to any proceeding for a prerogative order, injunction,
declaration or other order in any court on any ground.
(2) In this section:
decision includes a failure to make a decision.
Part
2.16 Evidence (Miscellaneous
Provisions) Act 1991
substitute
31 Application—div 3.4
This division applies to any proceeding before a territory court other than
the Supreme Court or Magistrates Court.
[2.107] Section
38 (2) (d)
omit
writ
substitute
order
[2.108] Section
54, definition of criminal proceeding, paragraph (c) and definition
of preliminary criminal proceeding, paragraph
(c)
omit
writ
substitute
order
insert
Part 5 Certain evidence under court rules
not admissible
82 Evidence not admissible in court—neutral
evaluation
(1) This section applies if, under rules under the Court Procedures
Act 2004 (the rules), the Supreme Court or Magistrates
Court has referred a civil proceeding, or part of a civil proceeding, for
neutral evaluation.
(2) Evidence of anything said, or of any admission made, in a neutral
evaluation session under the rules is not admissible in any proceeding before a
court or tribunal.
(3) A document prepared for, in the course of, or because of, a neutral
evaluation session under the rules is not admissible in any proceeding before a
court or tribunal.
(4) Subsections (1) and (2) do not apply to any evidence or
document—
(a) for evidence—if the people attending, or identified during, the
neutral evaluation session consent to the admission of the evidence;
or
(b) for a document—if the people attending, or identified during,
the neutral evaluation session and all the people identified in the document,
consent to the admission of the document; or
(c) in a proceeding (including a criminal proceeding) brought in relation
to an act or omission in relation to which a disclosure has been made under the
rules because an evaluator has reasonable grounds to believe the disclosure is
necessary or desirable to prevent or reduce the danger of death or injury to
anyone or damage to any property.
(5) In this section:
neutral evaluation session includes any steps taken in the
course of making arrangements for the session or in the course of the follow-up
of the session.
83 Evidence not admissible in court—expert
report
(1) This section applies if—
(a) a party to a civil proceeding in the Supreme Court or Magistrates
Court (the court) engages an expert witness; and
(b) the expert witness prepares a report (an expert report);
and
(c) the expert report does not contain an acknowledgment by the expert
witness who prepared the report that the expert witness has read the code of
conduct for expert witnesses prescribed by the rules under the Court
Procedures Act 2004 applying to the expert witness and agrees to be bound by
it.
(2) The expert report is not admissible in evidence in the proceeding,
unless the court otherwise orders.
84 Evidence not admissible in court—meeting of
experts
(1) This section applies if, in a civil proceeding in the Supreme Court or
Magistrates Court (the court), the court directs the expert
witnesses in the proceeding to meet—
(a) to identify the matters on which they agree; and
(b) to identify the matters on which they disagree and the reasons why;
and
(c) to try to resolve any disagreement.
(2) Unless the court otherwise orders, evidence of anything done or said,
or an admission made, at the meeting is admissible at a trial of the proceeding
only if all the parties to the proceeding that are active parties under the
rules under the Court Procedures Act 2004 applying to the proceeding (the
rules) agree.
(3) However, subsection (2) does not apply to a document produced in
accordance with a direction made by the court under the rules that the expert
witnesses produce a document for the court’s use,
identifying—
(a) the matters on which they agree; and
(b) the matters on which they disagree; and
(c) the reasons for any failure to reach agreement on any
matter.
85 Evidence not admissible in court—evidence
taken in examination
(1) This section applies if—
(a) in a civil or criminal proceeding, the Supreme Court or the
Magistrates Court (the court) makes an order under the rules under
the Court Procedures Act 2004—
(i) for the examination of a person on oath at a place in or outside the
ACT (including outside Australia) before a person appointed by the court;
or
(ii) for the issue of a commission for the examination of a person on oath
at a place in or outside the ACT (including outside Australia); or
(iii) for the issue of a letter of request to a judicial authority of a
place outside the ACT (including outside Australia) to take the evidence of a
person (or cause it to be taken); and
(b) the person’s evidence is taken in an examination held in
accordance with the order; and
(c) a party to the proceeding tenders the person’s evidence as
evidence in the proceeding.
(2) Unless the court otherwise orders, the person’s evidence is not
admissible if, at the hearing of the proceeding, the court is satisfied that the
person is in the ACT and is able to attend the hearing.
renumber as part 7
[2.111] Sections
82 and 83
renumber as sections 100 and 101
Part
2.17 Guardianship and Management of
Property Act 1991
substitute
56 Appeals from tribunal to Supreme
Court
(1) An appeal to the Supreme Court from an order, direction or decision of
the tribunal in an inquiry may be brought by someone—
(a) who appeared, or was entitled to appear under section 36 (1)
(Appearance and representation), before the tribunal in the inquiry;
or
(b) who, with the tribunal’s leave, would have been entitled to
appear before the tribunal in the inquiry; or
(c) in relation to whom the order, direction or decision was
made.
(2) The appeal may be brought—
(a) on a question of law—as of right; or
(b) on any other question—only with the Supreme Court’s
leave.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers), r 5072 (Appeals to Supreme Court—time
for filing application for leave to appeal) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
Part
2.18 Health Professionals Act
2004
substitute
67 Appeals from health professions tribunal to
Supreme Court
A party to a proceeding before the health professions tribunal may appeal
to the Supreme Court from a decision of the tribunal in the
proceeding.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
Part
2.19 Judicial Commissions Act
1994
omit everything before paragraph (a), substitute
60 No proceeding to be brought
A proceeding for an injunction, declaration or prerogative order must not
be brought in relation to—
Part
2.20 Land Titles Act
1925
substitute
156 Notice of action
(1) This section applies if—
(a) there is a proceeding against the Territory to recover damages under
section 143 (Damages in certain cases) or section 155 (When actions may lie
against registrar-general as nominal defendant); and
(b) either—
(i) judgment is given for the defendant; or
(ii) the plaintiff ends the proceeding.
(2) The plaintiff is liable to pay the defendant’s full costs of
defending the proceeding.
[2.116] New
section 170 (8)
insert
(8) In this section:
writ of execution means a writ or warrant of execution after
judgment in any court, and includes an enforcement order under the rules under
the Court Procedures Act 2004.
[2.117] New
section 170A (4)
insert
(4) In this section:
writ of execution means a writ or warrant of execution after
judgment in any court, and includes an enforcement order under the rules under
the Court Procedures Act 2004.
Part
2.21 Leases (Commercial and Retail)
Act 2001
[2.118] Sections
155 and 156
substitute
155 Appeals to Supreme Court
A party to a proceeding under this Act may appeal to the Supreme Court on a
question of law or fact from a decision of the Magistrates Court in the
proceeding.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
Part
2.22 Legal Profession Act
2006
[2.119] Sections
25 and 81 (2), new note
insert
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
omit
[2.121] Section
207 (3) and (4)
substitute
(3) In an appeal under this section, the parties to the appeal bear their
own costs unless the Supreme Court otherwise orders.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
insert
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
omit
[2.124] Section
249 (5), new note
insert
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
omit
[2.126] Section
437, new note
insert
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
[2.127] Section
514 (3) and (4)
substitute
(3) The appointment of a supervisor or manager for a law practice is not
stayed by the filing of an appeal, and the supervisor or manager may continue to
exercise his or her functions as a supervisor or manager during the appeal
proceeding except to the extent that the Supreme Court otherwise
directs.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers).
[2.128] Section
589 (4), new note
insert
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
Part
2.23 Magistrates Court Act
1930
substitute
9B Functions of registrar and deputy
registrars
(1) The registrar has power to administer oaths and may exercise the other
functions given to the registrar under this Act, another territory law or an
order of the court.
(2) Subject to this Act and to any directions of the registrar, a deputy
registrar may exercise the functions of the registrar under this Act or another
territory law.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations and rules (see
Legislation Act, s 104).
(3) The exercise of a function by a deputy registrar does not affect the
power of the registrar to exercise the function.
(4) In this section:
territory law does not include rules under the Court
Procedures Act 2004.
[2.130] Section
13 heading
substitute
13 Making of enforcement order after case
decided
omit
issue a writ of execution
substitute
make an enforcement order
omit
summons, warrant or writ issued
substitute
summons or warrant issued, or order made,
[2.133] Section
16 heading
substitute
16 Order instead of mandamus
order
omit
, on affidavit of the facts,
omit
, after due service of the order,
[2.136] Section
17C heading
substitute
17C Committal or enforcement order by magistrate on
order of court
[2.137] Sections
17C and 17E
omit
writ of execution is issued
substitute
enforcement order is made
omit
granting of the committal order or writ,
substitute
making of the committal order or enforcement order,
omit
granted the committal order or writ
substitute
made the committal order or enforcement order
[2.140] Section
43 (2) (a)
omit
writ of habeas corpus
substitute
habeas corpus order or another order
omit
certiorari
substitute
certiorari order
omit
, or on a rule or order directed to him or her instead of that
writ,
[2.143] Section
141 (4) (b)
substitute
(b) an enforcement order.
omit
return to a writ of habeas corpus or other writ
substitute
habeas corpus order or another order
[2.145] Section
166C (2) (b)
omit
issue a writ of execution
substitute
make an enforcement order
[2.146] Section
166C (2) (c)
substitute
(c) subject to this section, this Act and the rules applying to civil
proceedings in the Magistrates Court apply in relation to an enforcement order
made under paragraph (b) as if the order had been made in a civil proceeding in
the court.
[2.147] Section
166C (4) to (6)
substitute
(4) If—
(a) an enforcement order is made under subsection (2) in relation to a
fine; and
(b) before enforcement, the registrar receives a notification mentioned in
subsection (3) in relation to the fine;
the registrar must stay the order.
(5) On the stay of the order, the registrar must—
(a) if the amount of the fine has been paid in full—set aside the
order; or
(b) if part of the amount of the fine remains unpaid—amend the order
to show the amount still unpaid.
(6) If an enforcement order is amended under subsection (5) (b), the order
must be enforced in relation to the amount of the fine shown in the order as
unpaid.
[2.148] Section
194 heading
substitute
194 Enforcement order not void for form
only
omit
A writ of execution
substitute
An enforcement order
[2.150] Section
209 (2) (b) (ii)
omit
informant
substitute
director of public prosecutions
[2.151] Section
219AB (3)
omit
[2.152] Sections
219D and 219E
omit
[2.153] Section
219F (2) (d) (ii)
substitute
(ii) make any other order the Supreme Court considers necessary to decide
the matter finally, including a prohibition order or habeas corpus
order.
omit
on habeas corpus
substitute
under a habeas corpus order or another order
[2.155] Section
224 heading
substitute
224 In cases of certiorari order
omit
writ of certiorari
substitute
certiorari order
substitute
(1) The notice required by section 222 may be given either before or after
the habeas corpus order, certiorari order or other order is made.
omit
writ
substitute
order
omit
writ of habeas corpus
substitute
a habeas corpus order
omit
[2.161] Section
254 (5) (b)
substitute
(b) an enforcement order has been made; and
[2.162] Section
254 (5) (c)
omit
writ
substitute
enforcement order
omit
taxed
substitute
assessed
[2.164] Sections
277, 294 to 297 and 299
omit
Part
2.24 Mental Health (Treatment and
Care) Act 1994
substitute
141 Appeals from tribunal to Supreme
Court
(1) An appeal to the Supreme Court from a decision of the tribunal in a
proceeding may be brought by—
(a) someone in relation to whom the decision was made; or
(b) someone who appeared, or was entitled to appear under section 89
(1) (Appearance, representation and use of interpreters), before the tribunal in
the proceeding; or
(c) the discrimination commissioner; or
(d) anyone else, only with the court’s leave.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers), r 5054 (Appeals to Supreme Court—stay
and reinstatement), r 5072 (Appeals to Supreme Court—time for filing
application for leave to appeal) and r 5103 (Appeals to Supreme Court—time
for filing notice of appeal).
(2) The Magistrates Court Act 1930, section 214 (3) and (4)
(Appeals in cases other than civil cases) applies in relation to an appeal under
this section as if it were an appeal mentioned in that Act, section 214
(1).
Part
2.25 Occupational Health and Safety
Act 1989
substitute
194 Appeals from review authority to Supreme
Court
A party to a proceeding before the review authority may appeal to the
Supreme Court on a question of law from a decision of the review authority in
the proceeding.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
omit
Part
2.26 Partnership Act
1963
omit
Part
2.27 Plant Diseases Act
2002
[2.169] Section
17 (3) (b)
substitute
(b) is not subject to a prerogative order or injunction in any
court.
Part
2.28 Residential Tenancies Act
1997
substitute
125 Appeals from tribunal to Supreme
Court
(1) A party to a proceeding before the tribunal may appeal to the Supreme
Court on a question of law from a decision of the tribunal in the
proceeding.
(2) The appeal may be brought only with the Supreme Court’s
leave.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers), r 5072 (Appeals to Supreme Court—time
for filing application for leave to appeal) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
Part
2.29 Royal Commissions Act
1991
substitute
48 No proceeding against
commission
A proceeding for an injunction, declaration or prerogative order must not
be brought against a commission.
Part
2.30 Supreme Court Act
1933
substitute
(3) In this section:
registrar includes a deputy registrar.
omit
a judgment
substitute
an order
[2.174] Section
9 (2) (a) and (b)
omit
judgment
substitute
order
[2.175] Section
9 (3) and (4)
substitute
(3) On an appeal under subsection (2) (a), the court—
(a) must have regard to the evidence given in the proceeding out of which
the appeal arose; and
(b) may draw inferences of fact from the evidence; and
(c) may receive further evidence in any of the following ways:
(i) by oral examination before the court or a judge;
(ii) on affidavit;
(iii) by audiovisual link or audio link;
(iv) any other way the court may receive evidence.
(4) On an appeal under subsection (2) (a), the court may confirm, amend or
set aside the order of the master and may make any order that in all the
circumstances it considers just.
(5) In this section:
audio link—see the Evidence (Miscellaneous
Provisions) Act 1991, section 16 (Definitions—pt 3).
audiovisual link—see the Evidence (Miscellaneous
Provisions) Act 1991, dictionary.
omit
, subject to this section,
[2.177] New
section 10 (2)
insert
(2) In this section:
registrar includes a deputy registrar.
omit
a judgment
substitute
an order
omit
the judgment
substitute
the order
[2.180] Sections
15, 21 and 28
omit
substitute
30 Defence or stay of proceeding instead of
prohibition order or injunction
(1) A proceeding in the court must not be restrained by a prohibition
order or injunction.
(2) A defence is available in a proceeding in the court if an injunction
would previously have been available in a pre-Judicature Act proceeding of the
same kind.
(3) However, this section does not prevent the court from ordering a stay
in a proceeding in the court.
(4) The court may grant a stay in a proceeding in the court on application
by an entitled person.
(5) In this section:
entitled person, in relation to a proceeding in the court,
means a person (whether or not the person is a party to the proceeding) who
would have been entitled, in relation to a pre-Judicature Act proceeding of the
same kind—
(a) to apply to a court to restrain the prosecution of the proceeding;
or
(b) to enforce any order or rule in contravention of which all or part of
the proceeding had been taken.
[2.182] Sections
34 and 34A
omit
substitute
34B Habeas corpus and prerogative
orders
(1) The Supreme Court has power to grant any relief by way of a habeas
corpus order or prerogative order.
(2) In this section:
habeas corpus order means an order the relief under which is
in the nature of, and to the same effect as, relief by way of a writ of habeas
corpus.
prerogative order means an order the relief under which is in
the nature of, and to the same effect as, relief by way of—
(a) a writ of mandamus, prohibition or certiorari; or
(b) an information in the nature of quo warranto.
relief includes remedy.
omit
[2.185] Section
37E (2) (a)
substitute
(a) appeals in relation to the following orders:
(i) orders of the master, except interlocutory orders (see section 9
(Exercise of jurisdiction by master));
(ii) other orders of the court (except orders of the registrar, the Full
Court exercising appellate jurisdiction or the Court of Appeal
itself);
omit
a judgment
substitute
an order
omit
judgment
substitute
order
[2.188] New
section 37E (5)
insert
(5) In this section:
registrar includes a deputy registrar.
[2.189] Section
37H (1), last dot point
substitute
• section 37O (2) (which provides for the enforcement of an
order).
[2.190] Sections
37H (3) and 37J (1) (d) and (e)
omit
a judgment
substitute
an order
[2.191] Section
37J (1) (f)
substitute
(f) including, removing or substituting a party;
[2.192] Section
37O heading
substitute
37O Orders on appeal
omit
judgment
substitute
order
[2.194] Section
37O (1) (a)
substitute
(a) to confirm, reverse or amend the order;
[2.195] Section
37O (1) (b) and (c)
omit
judgment
substitute
order
[2.196] Section
37O (1) (f)
substitute
(f) to award enforcement of any order, or remit the proceeding to the
court constituted by a single judge for enforcement of the order.
substitute
(2) If an order of the Court of Appeal is remitted for enforcement under
subsection (1) (f), the court constituted by a single judge must
enforce the order of the Court of Appeal as if it were that judge’s own
order.
omit
decision
substitute
order
[2.199] Section
37O (3) (a)
substitute
(a) despite any application in the notice of appeal that part only of the
order be reversed or amended; and
[2.200] Section
37O (3) (b)
omit
decision
substitute
order
substitute
(4) An interlocutory order from which there has been no appeal does not
prevent the Court of Appeal from making any order on the appeal it considers
just.
[2.202] Sections
49, 53A, 54, 55, 56 and 57
omit
relocate to the Court Procedures Act 2004 as section
66
[2.204] Sections
59 and 60
relocate to the Court Procedures Act 2004 as sections 67 and
68
substitute
(4) An order (including an order for costs) made in transitional
proceedings is a valid exercise of the court’s jurisdiction, and may be
enforced accordingly.
[2.206] Sections
73 and 74
omit
[2.207] Dictionary,
definition of judgment
substitute
judgment includes an order or sentence.
[2.208] Dictionary,
new definition of order
insert
order includes a judgment, decree, direction or
decision.
Part
2.31 Victims of Crime (Financial
Assistance) Act 1983
substitute
61 Appeals to Supreme Court
The defendant against whom an order for restitution is made, or the
Territory, may appeal to the Supreme Court against the order.
Note See the Court Procedures Rules 2006, r 5052 (Appeals to
Supreme Court—general powers) and r 5103 (Appeals to Supreme
Court—time for filing notice of appeal).
[2.210] Section
4, definition of registrar
substitute
registrar means the registrar of the Supreme Court.
substitute
(4) For this section, a marriage is taken to be terminated
if—
(a) the marriage ends by divorce under the Family Law Act; or
(b) a decree of nullity is made under the Family Law Act in relation to
the marriage; or
(c) the marriage is annulled in accordance with the law of a place outside
Australia if the annulment is recognised in Australia under the Family Law
Act.
Part
2.33 Workers Compensation Act
1951
omit
Part
2.34 Workers Compensation Rules
2002
insert
Part 14 Expiry of rules
71 Expiry of rules
These rules expire on 1 January 2007.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
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