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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 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and
Community Safety Legislation Amendment Bill 2008
Contents
Page
Part
1.1 Administration and Probate Act
1929 3
Part 1.2 Court
Procedures Act 2004 6
Part 1.3 Crimes
(Restorative Justice) Act 2004 7
Part 1.4 Crimes
(Sentencing) Act 2005 8
Part 1.5 Human
Rights Commission Act 2005 9
Part 1.6 Magistrates
Court Act 1930 15
Part 1.7 Ombudsman
Act 1989 15
Part 1.8 Partnership
Act 1963 16
Part 1.9 Residential
Tenancies Act 1997 18
Part 1.10 Utilities
Act 2000 21
Part 1.11 Victims of
Crime (Financial Assistance) Act 1983 22
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community
Safety Legislation Amendment Bill 2008
A Bill for
An Act to amend the law relating to justice and community
safety
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Justice and Community Safety Legislation Amendment Act
2008.
This Act commences on the 21st day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
Schedule
1 Legislation
amended
(see s 3)
Part
1.1 Administration and Probate Act
1929
substitute
(1) The following are assets for the payment of the funeral, testamentary
and administrative expenses and the debts and other liabilities of a deceased
person:
(a) the real and personal property of the person, to the extent of the
person’s beneficial interest in it;
(b) any real and personal property disposed of by the person’s will
in exercise of a general power.
omit
person dying on or after 1 January 1966
substitute
deceased person
[1.3] Section
41B (2) and (3)
omit
[1.4] Sections
41C (1) and (2) and 41D (1)
omit
person who dies on or after 1 January 1966
substitute
deceased person
omit
omit
powers and duties
substitute
functions
[1.7] Section
87C (4), new note
insert
Note Function includes authority, duty and power (see
Legislation Act, dict, pt 1).
[1.8] Section
87C (7) and (9)
omit
powers and duties
substitute
functions
omit
powers, rights, and obligations
substitute
functions
[1.10] Section
89 (1), new note
insert
Note Function includes authority, duty and power (see
Legislation Act, dict, pt 1).
[1.11] Section
89 (2) (b)
omit
rights and duties
substitute
functions
substitute
(1) The following cease on the grant of probate or administration under
section 90:
(a) all the interest and functions of the public trustee (except rights
given by this section) in relation to the estate of the deceased person whose
estate is affected by the grant;
(b) all liabilities of the public trustee under any contract or agreement
entered into in relation to the estate, or any part of the estate.
[1.13] Section
91 (1), new note
insert
Note Function includes authority, duty and power (see
Legislation Act, dict, pt 1).
omit
rights and obligations
substitute
functions
Part
1.2 Court Procedures Act
2004
[1.15] Section
12, definition of essential services consumer
council
substitute
energy and water consumer council means the Energy and Water
Consumer Council established under the Utilities Act 2000,
section 169.
[1.16] Section
12, definition of tribunal, paragraph (e)
omit
essential services consumer council
substitute
energy and water consumer council
Part
1.3 Crimes (Restorative Justice) Act
2004
[1.17] Section
22, table 22, item 1, column 2
after
chief executive
(children and young people)
insert
police officer
[1.18] Section
37, new definition of referring entity
insert
referring entity—see section 38.
[1.19] New
section 39 (3)
insert
(3) The chief executive must ensure, before the conference begins, that
the convenor has received sufficient legal training to—
(a) advise the participants of their rights and duties at law and under
this Act; and
(b) otherwise exercise the functions of a convenor under this Act.
[1.20] Section
40 (1), note 3
omit
[1.21] Section
40 (2) (b)
after
is satisfied that the convenor has received
insert
, or has the capacity to receive,
Part
1.4 Crimes (Sentencing) Act
2005
insert
140A References to charge—s
140
(1) A reference in section 140 to an offender charged with an offence
includes a reference to an offender in relation to whom—
(a) an information or indictment (including an amended or substituted
information or indictment) is, or has been, filed in a court for the offence;
and
(b) if the offender is committed under the Magistrates Court
Act 1930, section 90A (Plea of guilty in committal
proceeding)—the Supreme Court decides, or has decided, to deal with the
offender under section 90A (11) of that Act.
(2) For subsection (1), it does not matter whether a charge is filed in
relation to an offence for which an earlier charge has been laid.
(3) If section 140 (1) applies to an offender because of subsection (2),
and the charge was filed before 2 June 2006, the charge must be disregarded for
section 140 (2).
Part
1.5 Human Rights Commission Act
2005
substitute
6 Main objects of Act
(1) The main object of the Act is to promote the human rights and welfare
of people living in the ACT.
(2) The main object is to be achieved by establishing a commission that
will—
(a) promote the provision of community education, information and advice
in relation to human rights; and
(b) identify and examine issues that affect the human rights and welfare
of vulnerable groups in the community; and
(c) make recommendations to government and non-government agencies on
legislation, policies, practices and services that affect vulnerable groups in
the community; and
(d) promote understanding and acceptance of, and compliance with, the
Discrimination Act 1991 and the Human Rights Act 2004;
and
(e) promote improvements in the provision of disability services, health
services, services for children and young people and services for older people;
and
(f) promote the rights of users of disability services, health services,
services for children and young people and services for older people;
and
(g) promote an awareness of the rights and responsibilities of users and
providers of services to which this Act relates; and
(h) provide an independent, fair and accessible process for the resolution
of discrimination complaints and complaints between users and providers of
disability services, health services, services for children and young people and
services for older people; and
(i) provide a process to encourage and assist users and providers of
disability services, health services, services for children and young people,
and services for older people, to make improvements in the provision of
services, particularly by encouraging and assisting service users and providers
to contribute to the review and improvement of service quality; and
(j) foster community discussion, and the provision of community education
and information, about—
(i) this Act and related Acts; and
(ii) the operation of the commission; and
(iii) the procedures for making complaints.
[1.24] Sections
19BA, 21A, 23A, 25A and 27A
after
another territory law to
insert
another commissioner or
after
an act
insert
or service
[1.26] Section
43 (1) (a)
after
the act
insert
or service
[1.27] Section
45 (2) (c)
substitute
(c) unless section 45 (3) applies—before considering the complaint,
tell the complainant and the person complained about, in writing, that the
complaint is to be considered; and
[1.28] New
section 45 (3) and (4)
insert
(3) However, the commission need not consider a complaint if satisfied
that—
(a) the complaint—
(i) is frivolous, vexatious or not made honestly; or
(ii) lacks substance; or
(iii) is to be referred to another statutory officer-holder; or
(iv) cannot be made by the complainant under the Act; or
(v) cannot otherwise be made under the Act; or
(b) the complainant has been given a reasonable explanation and the
complaint needs no further action by the commission; or
(c) the matters raised by the complaint have been, or are being, dealt
with by a court or tribunal or have been dealt with by the commission.
(4) Also, the commission need not give notice under subsection (2) to the
person complained of if, because of subsection (3), it decides—
(a) not to consider the complaint; or
(b) not to consider the complaint further.
[1.29] New
section 47 (4)
insert
(4) Also, a complaint may be referred to another entity under
section 53A (Referral to appropriate statutory office-holder).
[1.30] Section
48 (1) (a)
substitute
(a) an act or service that appears to the commission to be an act or
service about which a person could make, but has not made, a complaint under
this Act; or
[1.31] Section
48 (3) (b), example 1
substitute
1 The complaint appears to reveal a systemic problem about an activity or a
service.
in division 4.2, insert
53A Referral to appropriate statutory
office-holder
(1) This section applies if—
(a) the commission considers that the act or service to which a complaint
relates is a matter that could—
(i) have been complained about to a statutory office-holder; and
(ii) be dealt with more conveniently or effectively by the statutory
office-holder; and
(b) the commission considers it would be appropriate for the complaint to
be referred to the statutory office-holder; and
(c) the commission has consulted the statutory office-holder about the
referral.
(2) The commission may—
(a) decide not to deal with, or further deal with, the complaint;
and
(b) if paragraph (a) applies—must refer the complaint, together with
any relevant documents or information in its possession or control, to the
statutory office-holder.
(3) In this section:
statutory office-holder means an office established under a
territory law (other than this Act) or a law of the Commonwealth, a State or
another Territory.
(4) To remove any doubt, this section is in addition to, and does not
limit, section 51A (Referral of advocacy matters).
[1.33] Section
78 (2) (e)
substitute
(e) the complaint has been dealt with to the commission’s
satisfaction; or
(f) the complaint has been referred under section 53A (Referral to
appropriate statutory office-holder); or
(g) the complaint has otherwise been resolved.
[1.34] Section
82 (1) and (2)
substitute
(1) The final report in relation to a discrimination complaint must
include a discrimination referral statement.
Note Discrimination referral statement—see s
88.
(2) However, subsection (1) does not apply if—
(a) the parties to the complaint have made a conciliation agreement in
relation to the complaint; or
(b) the complainant has withdrawn the complaint.
substitute
88 Discrimination referral
statements
A discrimination referral statement is a statement in a
notice in relation to a complaint to the effect that—
(a) the commission has closed the complaint; and
(b) the complainant may ask the commission to refer the complaint to the
discrimination tribunal within 60 days after the day the notice is given to the
complainant; and
(c) after the 60-day period, the complainant may apply to the
discrimination tribunal under the Discrimination Act 1991, section 78
(Late application in exceptional circumstances) for the complaint to be
heard.
Note The commission must refer the complaint to the tribunal if the
complainant asks it to refer the complaint within the 60-day period (see s
53).
Part
1.6 Magistrates Court Act
1930
omit
essential services consumer council
substitute
energy and water consumer council
Part
1.7 Ombudsman Act
1989
substitute
(o) action taken by the energy and water consumer council under the
Utilities Act 2000.
[1.38] Section
6B (1) (c)
substitute
(c) the energy and water consumer council under the Utilities
Act 2000;
Part
1.8 Partnership Act
1963
[1.39] Section
57 (2) (a)
substitute
(a) that the partnership is registered under the Venture Capital
Act 2002 (Cwlth), part 2 (Registration of limited partnerships) as a
VCLP, ESVCLP or AFOF; or
Note VCLP is a venture capital limited
partnership, an ESVCLP is an early stage venture capital limited partnership,
and an AFOF is an Australian venture capital fund of funds.
[1.40] Section
57 (2) (b)
after
VCLP
insert
, ESVCLP
[1.41] Section
58 (3) (g)
substitute
(g) for an application by a partnership that is registered under the
Venture Capital Act 2002 (Cwlth), part 2 (Registration of limited
partnerships) as a VCLP, ESVCLP or AFOF—be accompanied by a copy of a
document proving its status as a VCLP, ESVCLP or AFOF; and
[1.42] Section
58 (3) (h)
after
VCLP
insert
, ESVCLP
[1.43] Section
68 (4) (k)
substitute
(k) takes any action, or participates in any action taken by any other
limited partner, for the purpose of registering or maintaining the registration
of the partnership or a general partner in the partnership as a VCLP, ESVCLP or
AFOF under the Venture Capital Act 2002 (Cwlth), part 2 (Registration of
limited partnerships).
[1.44] Section
78 (1) (b) (i)
substitute
(i) registered as a VCLP, ESVCLP or AFOF under the Venture Capital Act
2002 (Cwlth), part 2 (Registration of limited partnerships);
substitute
(1) An incorporated limited partnership that was incorporated on the basis
that it intended to apply for registration of the partnership as a VCLP, ESVCLP
or AFOF under the Venture Capital Act 2002 (Cwlth), part 2 (Registration
of limited partnerships) must, within 1 month after being registered, give
the commissioner for fair trading a copy of a document proving its status as a
VCLP, ESVCLP or AFOF.
[1.46] Section
91 (3) (a)
after
VCLP
insert
, ESVCLP
Part
1.9 Residential Tenancies Act
1997
substitute
(1) This section applies to a conditional termination and possession
order.
Note A conditional termination and possession order is
made under s 49 (3) (see also dict).
(1A) The order expires on the date stated by the tribunal in the
order.
[1.48] Section
42A (1) (a)
substitute
(a) the tribunal has issued a conditional termination and possession
order; and
[1.49] Section
42A (1) (c)
omit
enforcement
[1.50] Section
42A (2) (b)
before
termination and possession order
insert
conditional
[1.51] Section
42B (4) (a) to (c)
substitute
(a) confirm the conditional termination and possession order; or
(b) make another conditional termination and possession order;
or
(c) set aside the conditional termination and possession order.
substitute
(1) On application by a lessor, the tribunal may make a termination and
possession order if—
(a) satisfied that—
(i) the tenant has breached the standard residential tenancy terms (other
than by failing to pay rent due and payable); and
(ii) the lessor has served a termination notice on the tenant based on
the breach; and
(iii) the tenant did not vacate the premises in accordance with the
notice; and
(iv) the breach of the standard residential tenancy terms was not in
accordance with a term of the residential tenancy agreement endorsed by the
tribunal; and
(v) the breach justifies the termination of the tenancy; or
(b) the tribunal—
(i) has made an order under section 104 (b); and
(ii) is satisfied that the tenant has breached that order.
after
the tribunal may order
insert
(conditional termination and possession order)
substitute
(3) The tribunal may, on application by a party, while a conditional
termination and possession order is in force, do either of the
following:
(a) amend the order, whether by extending it to a stated date or
otherwise;
(b) set the order aside.
(4) Subsection (3) applies whether or not a notice has been served under
section 42A (2) (b) (Failure to comply with conditional order).
[1.55] Section
112 (4), note
substitute
Example
The president may appoint a tribunal member to hear a matter about which
the parties consent, such as the endorsement of inconsistent terms under s
10.
Note 1 The president may appoint a member to the tribunal for the
hearing of a particular class of matters (see Legislation Act s 48
(1)).
Note 2 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).
[1.56] Dictionary,
new definition of conditional termination and possession
order
insert
conditional termination and possession order means a
termination and possession order under section 49 (3).
[1.57] Dictionary,
definition of enforcement condition
omit
Part
1.10 Utilities Act
2000
substitute
Part 11 Energy and Water Consumer
Council
omit
Essential Services Consumer Council
substitute
Energy and Water Consumer Council
omit
(Essential Services Consumer Council)
substitute
(Energy and Water Consumer Council)
[1.61] Dictionary,
definition of council
substitute
council means the Energy and Water Consumer Council
established under part 11.
Part
1.11 Victims of Crime (Financial
Assistance) Act 1983
[1.62] Section
3, table 3, new item 8A
insert
[1.63] Section
3, table 3, new item 28
insert
28
|
79
|
sexual servitude offences
|
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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