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This is a Bill, not an Act. For current law, see the Acts databases.
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2017
A Bill for
An Act to amend legislation about 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 2017
.
(1) This Act (other than the following provisions) commences on the 7th day after its notification day:
• part 5 (Dangerous Goods (Road Transport) Act 2009)
• sections 20 to 23
• part 8 (Gaming Machine Act 2004)
• part 9 (Heavy Vehicle National Law (ACT) Act 2013)
• part 16 (Rail Safety National Law (ACT) Act 2014)
• part 17 (Road Transport (General) Act 1999)
• part 18 (Road Transport (Public Passenger Services) Act 2001)
• part 19 (Road Transport (Safety and Traffic Management) Act 1999).
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) Parts 5, 9, 16, 17, 18 and 19 commence on the later of—
(a) the commencement of the Road Transport (Road Rules) Regulation 2017, section 3; and
(b) the commencement of this Act, section 3.
(3) Sections 20 to 23 commence on the commencement of the Freedom of Information Act 2016
, section 3.
(4) Part 8 commences on 1 July 2017.
This Act amends the following legislation:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
.
The following legislation is repealed:
•
(NI2006-390)
•
(NI2016-164).
Part 2 Civil Law (Wrongs) Act 2002
5 Notice of claim
Section 51
(1), note 2
omit
institutional
omit
an institutional child abuse claim
substitute
a child abuse claim
7 Section 51 (10), new definition of child abuse claim
insert
child abuse claim, by or on behalf of a person, means a claim in relation to a personal injury that arises from sexual abuse to which the person was subjected when the person was a child.
8 Section 51 (10), definitions of institutional child abuse claim and institutional context
omit
Part 3 Common Boundaries Act 1981
9 Application to ACAT—repair cost
determination
Section 6 (1) (b)
omit
people living in premises
substitute
people lawfully at premises
insert
(5) In this section:
people lawfully at premises includes a person—
(a) living in the premises; or
(b) invited to visit the premises by a person living in the premises; or
(c) otherwise lawfully entitled to be at the premises.
11 Codification
Section 5 (2)
and (3)
omit
default
12 Delayed application of ch 2 to
certain offences
Section 8 (5)
omit
default
substitute
10 Definitions—applied provisions and application date
(1) In this Act:
application date means a date declared by the Minister.
applied provisions means the following provisions of this chapter:
• section 15 (5) (which deals with evidence of self-induced intoxication)
• division 2.3.1 (Lack of capacity—children)
• division 2.3.2 (Lack of capacity—mental impairment)
• division 2.3.3 (Intoxication)
• part 2.4 (Extensions of criminal responsibility)
• part 2.5 (Corporate criminal responsibility)
• part 2.6 (Proof of criminal responsibility)
• part 2.7 (Geographical application).
Note Div 2.3.2 and s 66 (2) (d) became applied provisions on the commencement of the Criminal Code (Mental Impairment) Amendment Act 2006
. Pt 2.5 became an applied provision on 9 April 2004. The other applied provisions have been applied provisions since the commencement of the Code on 1 January 2003.
(2) A declaration under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(3) This section expires on the application date.
14 Dictionary, new definition of application date
insert
application date—see section 10.
15 Dictionary, definition of default application date
omit
Part 5 Dangerous Goods (Road Transport) Act 2009
16 Dictionary, definition of Australian Road Rules
omit
17 Dictionary, definitions of road and road related area
substitute
road—see the Road Transport (General) Act 1999
, dictionary.
road related area—see the Road Transport (General) Act 1999
, dictionary.
18 Privilege in relation to
self-incrimination in other proceedings
Section 128 (7)
omit
examine—
substitute
examine evidence—
Part 7 Freedom of Information Act 2016
omit
1 July 2017
substitute
1 January 2018
20 What is open access
information?
Section 23 (1), definition of open access
information, of an agency
omit
held by the agency that
substitute
held by the agency that came into existence on or after 1 January 2018 and
21 Section 23 (1), definition of open access information, of a Minister, paragraph (a)
omit
held by the Minister that
substitute
held by the Minister that came into existence on or after 1 January 2018 and
22 Open access information
declarations
New section 65 (2A)
insert
(2A) The ombudsman must not declare government information that came into existence before 1 January 2018 to be open access information.
23 Mediation for
applications
Section 81 (4)
substitute
(4) Unless the ombudsman directs otherwise, the decision-maker—
(a) must pay the costs of conducting the mediation; but
(b) is not required to pay the costs incurred by the applicant or any other person who participates in the review.
Examples—par (a)
1 cost of hiring the venue for the mediation
2 fees for the accredited mediator
Examples—par (b)
1 legal costs
2 travel costs
3 income lost due to participation in mediation
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).
Part 8 Gaming Machine Act 2004
24 Required payment to problem gambling
assistance fund
Section 163A (2) (a)
substitute
(a) 0.75%; or
Part 9 Heavy Vehicle National Law (ACT) Act 2013
substitute
19 Road Rules—the Law, s 5
The Road Transport (Road Rules) Regulation 2017 is declared to be the Road Rules for the Heavy Vehicle National Law (ACT)
.
Part 10 Judicial Commissions Act 1994
26 Dictionary, definition of complaint
substitute
complaint means—
(a) a complaint made under section 14; or
(b) an allegation in relation to which notice has been given to the council
under section 14.
27 Establishment and constitution of
review committees
Section 37 (3) (a), (4) (a) and (5)
omit
not more than 9
substitute
not more than 14
28 Personnel
management
Section 68A
omit
program
substitute
policy
insert
• legal practitioner
Part 12 Legal Profession Act 2006
30 Purposes and application—pt
2.4
Section 33 (2) (b)
substitute
(b) an in-house lawyer for a corporation in relation to the provision of in-house legal services for the corporation (or a related body corporate).
31 Section 33 (3), definition of in-house lawyer, paragraph (b)
omit
corporation
substitute
corporation (or a related body corporate)
32 Conditions on practising
certificate—government lawyer and in-house lawyer
Section 38 (1)
(b)
substitute
(b) an in-house lawyer.
substitute
(b) for an application by an in-house lawyer—imposes a condition on the certificate that the in-house lawyer for a corporation must not engage in legal practice otherwise than by providing in-house legal services to the corporation (or a related body corporate).
insert
(5) In this section:
in-house lawyer—see section 33.
35 Professional indemnity
insurance—interstate legal practitioners
Section 72 (2)
omit
the corporation
substitute
the corporation (or a related body corporate)
36 Definitions—pt
2.6
Section 99 (2), definition of related body
corporate
omit
37 Dictionary, definition of related body corporate
substitute
related body corporate means—
(a) for a company within the meaning of the Corporations Act
—a related body corporate within the meaning of that Act, section 50; or
(b) for any other corporation prescribed by regulation—a person
prescribed by regulation.
substitute
21C Personal injury resulting from sexual abuse of child
omit
in an institutional context
40 Section 21C (4), definitions of institution, institutional context and official
omit
41 Special provision in relation to
children—claims relating to health services
Section 30B (1) (b)
(ii)
omit
institutional
Part 14 Magistrates Court (Sale of
Motor Vehicles Infringement Notices)
Regulation 2005
42 Dictionary
Section 4, note
1
omit
omit
(including a signpost definition)
44 Administering
authority
Section 6
omit
registrar
substitute
commissioner for fair trading
insert
• commissioner for fair trading
46 Dictionary, definition of registrar
omit
Part 15 Public Unleased Land Act 2013
47 Direction to remove objects from
public unleased land
Section 98 (7), definition of
park
substitute
park—see the Road Transport (Road Rules)
Regulation 2017, dictionary.
Part 16 Rail Safety National Law (ACT) Act 2014
48 Meaning of generic terms for Rail
Safety National Law (ACT)
Section 9 (1), definition of
Australian Road Rules
omit
49 Section 9 (1), definition of shared path
substitute
shared path—see the Road Transport (Road Rules)
Regulation 2017, dictionary.
Part 17 Road Transport (General) Act 1999
50 Dictionary, definition of Australian Road Rules
omit
51 Dictionary, definition of bicycle, notes 2 and 3
omit
52 Dictionary, new definitions
insert
wheelchair—see the Road Transport (Road Rules) Regulation 2017, dictionary.
wheeled recreational device—see the Road Transport (Road Rules) Regulation 2017, dictionary.
wheeled toy—see the Road Transport (Road Rules)
Regulation 2017, dictionary.
Part 18 Road Transport (Public Passenger Services) Act 2001
omit
• Australian Road Rules
54 Dictionary, definition of taxi zone
substitute
taxi zone—see the Road Transport (Road Rules)
Regulation 2017, section 182.
Part 19 Road Transport (Safety and Traffic Management) Act 1999
55 Dictionary, definition of road user
substitute
road user—see the Road Transport (Road Rules) Regulation 2017, section 14.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 30 March 2017.
2 Notification
Notified under the
on 2017.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2017
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