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This is a Bill, not an Act. For current law, see the Acts databases.
2022
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2022
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2022 (No 2)
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 2022 (No 2)
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
•
•
•
•
•
•
.
The
(SL2022-9) is repealed.
5 Land auctioneers must be
licensed
Section 21 (2) and (4)
omit
6 Displacement of Corporations
legislation
Section 175 (1), note
omit
Investment
substitute
Investments
7 Experienced property agents who elect
to become class 1 licensed property agent
Section 231 (3)
omit
on or before 30 June 2024
substitute
before 1 July 2024
insert
237A Offence against s 21 (1) (b) (i)—exception for licensed real estate, stock and station agents
(1) This section applies to a person who—
(a) because of section 229, is 1 or both of the following:
(i) a class 2 licensed real estate agent;
(ii) a class 2 licensed stock and station agent; or
(b) because of section 230, or an election under section 231 (2), is 1 or both of the following:
(i) a class 1 licensed real estate agent;
(ii) a class 1 licensed stock and station agent.
(2) Section 21 (1) (b) (i) does not apply to the person before 1 July 2024.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (1) (see
, s 58).
237B Offence against s 21 (1) (b) (i)—exception for registered assistant real estate, stock and station agents
(1) This section applies to a person who, because of section 234, is 1 or both of the following:
(a) a registered assistant real estate agent;
(b) a registered assistant stock and station agent.
(2) Section 21 (1) (b) (i) does not apply to the person before 1 July 2023.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (1) (see
, s 58).
237C Class 1 licensed property agents—equivalent additional class 1 training
(1) The commissioner for fair trading may decide that a higher qualification, equivalent qualification or substantially equivalent qualification, including a qualification completed before 1 July 2022, satisfies the additional class 1 training required to be completed under section 230 (3) or section 231 (3).
(2) This section expires on 30 June 2024.
Part 3 Evidence (Miscellaneous Provisions) Act 1991
9 Special requirements—particular
proceedings
Tables 43.1 and 43.2, items 1 and 2, column 3
omit
s 69 (Recording evidence given by audiovisual link)
substitute
s 69 (Recording evidence given by audiovisual link or in courtroom)
substitute
69 Recording evidence given by audiovisual link or in courtroom
substitute
(1) This section applies if a witness gives evidence in a relevant proceeding under section 68—
(a) by audiovisual link; or
(b) in the courtroom under an order made by the court under section 68 (2).
(2) The evidence given by the witness must be recorded as an audiovisual recording.
(2A) However, unless the court otherwise orders, evidence given in the courtroom may be recorded only if the witness consents.
(2B) In deciding whether to make an order under subsection (2A), the court must consider the wishes of the witness.
omit
The recording
substitute
A recording of evidence given by a witness in a relevant proceeding under section 68 (whether by audiovisual link or in the courtroom)
13 Section 69 (7), definition of related proceeding
omit
by audiovisual link
Part 4 Guardianship and Management of Property Act 1991
14 Health attorney may give
consent
Section 32D (4)
after
information
insert
and access to an independent doctor
15 Health professional must give
information to health attorney
New section 32G (2) and (3)
after the note, insert
(2) Also, if a health professional asks a health attorney to consent to a protected person participating in low-risk research that is part of a clinical trial, the health professional must give the health attorney access to an independent doctor to provide further information and answer any questions the health attorney has about the clinical trial.
(3) In this section:
independent doctor, in relation to low-risk research that is
part of a clinical trial, means a doctor who is not involved in, or connected
to, the research, other than in having a professional interest in the area of
the research.
Part 5 Justices of the Peace Act 1989
16 When does a person stop being a
justice of the peace?
Section 3B (2)
omit
member’s functions
substitute
person’s functions as a justice of the peace
insert
8 Permission to use retirement title
(1) A person may, in writing, apply to the commissioner for fair trading for permission to use the title “JP (Retired)” (the retirement title) after the person’s name if—
(a) the person’s appointment as a justice of the peace has ended; and
(b) the person was appointed as a justice of the peace for at least 10 years in total.
(2) The commissioner for fair trading must not give permission to use the retirement title unless satisfied that the person is of good character and standing in the ACT community.
(3) The commissioner for fair trading may, in writing, withdraw permission to use the retirement title if—
(a) the commissioner is no longer satisfied the person is of good character and standing in the ACT community; or
(b) the person notifies the commissioner, in writing, that the person no longer wishes to use the title.
(4) Permission to use the retirement title does not authorise a person to exercise any function of a justice of the peace.
(5) The commissioner for fair trading may make guidelines in relation to the use of the retirement title.
(6) A guideline is a notifiable instrument.
Note The commissioner for fair trading may delegate the commissioner’s functions under this section to a public servant (see Fair Trading (Australian Consumer Law) Act 1992
, s 34).
18 Registrar-general must give
information about certain transactions and instruments to revenue
commissioner
Section 178B (2) (k)
substitute
(k) the kind of documents used to verify the purchaser’s identity in
accordance with the verification of identity rules as in force at the time of
verification;
Part 7 Land Titles Regulation 2015
omit
• sections 1A and 3
• schedule 1
• dictionary
20 Membership of liquor advisory
board
New section 216 (1) (ca)
insert
(ca) a police officer nominated, in writing, by the chief police officer; and
omit
insert
Part 25 Transitional—Justice and Community Safety Legislation Amendment Act 2022 (No 2)
273 Liquor advisory board—existing Australian Federal Police member
(1) Until the chief police officer makes a nomination under section 216 (1) (ca) (the new provision), the member of the liquor advisory board under section 216 (1) (d) (i), as in force immediately before the commencement day, is taken to be the member of the board nominated under the new provision.
(2) In this section:
commencement day means the day the Justice and Community Safety Legislation Amendment Act 2022 (No 2), part 8 commences.
274 Expiry—pt 25
This part expires 12 months after the day it commences.
Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
Part 9 Powers of Attorney Act 2006
23 Definitions—pt
4.3A
Section 41A (1), definition of low-risk research
substitute
low-risk research, in relation to a person—
(a) means research carried out for medical or health purposes that—
(i) poses no foreseeable risk of harm to the person, other than any harm usually associated with the person’s condition; and
(ii) does not change the treatment appropriate for the person’s condition; but
(b) does not include research that is part of a clinical trial, unless the trial is evaluating only the following:
(i) a therapeutic good that is included in the Australian Register of Therapeutic Goods (other than the part of the Register for goods known as provisionally registered goods);
(ii) a health care procedure, process or technique supported by a substantial number of practitioners in the relevant field of health care.
Examples
1 a comparative assessment of the effects of different methods of drug administration proven to be beneficial in the treatment of a condition (such as a continuous infusion as opposed to a once-a-day administration)
2 a comparative assessment of the angle at which to set a tilt bed to best assist a person’s breathing
3 research comparing the effectiveness of paracetamol and ibuprofen during routine health care
24 Section 41A (2), new definitions
insert
Australian Register of Therapeutic Goods means the register
maintained under the
(Cwlth), section 9A.
Note The Australian Register of Therapeutic Goods can be accessed at
.
therapeutic goods—see the Therapeutic Goods Act 1989
(Cwlth), section 3.
Part 10 Security Industry Act 2003
25 Immediate suspension of
licence
Section 29B (4)
omit
30 days
substitute
60 days
insert
Note The ACAT may make interim orders extending the suspension of a
licence (see
, s 53).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 24 November 2022.
2 Notification
Notified under the
on 2022.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2022
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