Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 2 Technical amendments
(see s 3)
Part 2.1 Australian Crime Commission (ACT) Act 2003
[2.1] Section 9 (2)
omit
section 55A (3) (Operation of State laws—investigation of offences against State laws)
substitute
section 55A (3) (Operation of State laws)
Explanatory note
This amendment updates a cross-reference because of amendments made to the Australian Crime Commission Act 2002
(Cwlth) by the Australian Crime Commission Amendment (National Policing Information) Act 2016
(Cwlth).
[2.2] Section 38 (1), definition of federal judicial officer
substitute
federal judicial officer means—
(a) a judge of the Federal Court; or
(b) a judge of the Federal Circuit and Family Court of Australia (Division 2).
Explanatory note
This amendment updates a reference because of amendments to the Federal Magistrates Act 1999
(Cwlth) by the Federal Circuit Court of Australia Legislation Amendment Act 2012
(Cwlth), and the enactment of the Federal Circuit and Family Court of Australia Act 2021
(Cwlth).
[2.3] Dictionary, definition of Commonwealth body or person , paragraph (j)
substitute
(j) a judge of the Federal Circuit and Family Court of Australia (Division 2).
Explanatory note
This amendment updates a reference because of amendments to the Federal Magistrates Act 1999
(Cwlth) by the Federal Circuit Court of Australia Legislation Amendment Act 2012
(Cwlth), and the enactment of the Federal Circuit and Family Court of Australia Act 2021
(Cwlth).
[2.4] Dictionary, definition of federal magistrate
omit
Explanatory note
This amendment omits a definition that has become redundant because of amendments to the Federal Magistrates Act 1999
(Cwlth) by the Federal Circuit Court of Australia Legislation Amendment Act 2012
(Cwlth), and the enactment of the Federal Circuit and Family Court of Australia Act 2021
(Cwlth).
[2.5] Dictionary, definition of issuing officer , paragraph (c)
substitute
(c) a judge of the Federal Circuit and Family Court of Australia (Division 2).
Explanatory note
This amendment updates a reference because of amendments to the Federal Magistrates Act 1999
(Cwlth) by the Federal Circuit Court of Australia Legislation Amendment Act 2012
(Cwlth), and the enactment of the Federal Circuit and Family Court of Australia Act 2021
(Cwlth).
[2.6] Dictionary, new definition of judge of the Federal Circuit and Family Court of Australia (Division 2)
insert
judge of the Federal Circuit and Family Court of Australia (Division 2) means a person holding office as a judge of the Federal Circuit and Family Court of Australia (Division 2) (including the Chief Justice, Deputy Chief Justice and a Senior Judge) under the Federal Circuit and Family Court of Australia Act 2021
(Cwlth).
Explanatory note
This amendment inserts a new definition because of amendments to the Federal Magistrates Act 1999
(Cwlth) by the Federal Circuit Court of Australia Legislation Amendment Act 2012
(Cwlth), and the enactment of the Federal Circuit and Family Court of Australia Act 2021
(Cwlth).
Part 2.2 Court Procedures Act 2004
[2.7] Section 40, definitions of deputy sheriff and sheriff
omit
section 46 (Appointment)
substitute
section 46 (Appointments)
Explanatory note
This amendment updates a cross-reference because of an amendment to the Supreme Court Act 1933
by the Justice and Community Safety Legislation Amendment Act 2016
.
omit
(Consequential orders—ch 2);
substitute
(Consequential orders—pt 2.2);
Explanatory note
This amendment updates a cross-reference because of amendments to the Evidence (Miscellaneous Provisions) Act 1991
by the Royal Commission Criminal Justice Legislation Amendment Act 2018
.
[2.9] Section 72 (4), definition of circle sentencing
omit
section 291L
substitute
dictionary
Explanatory note
This amendment updates a cross-reference because of amendments made to the Magistrates Court Act 1930
by the Crimes Legislation Amendment Act 2018
.
Part 2.3 Crimes (Child Sex Offenders) Act 2005
[2.10] Section 7 (1) (d) (i), note
omit
Explanatory note
This amendment omits a note that is no longer needed because the provision it refers to has expired.
[2.11] Section 9 (2)
omit
schedule 2, part 2.2, item 14A
substitute
schedule 2, part 2.2, item 15
Explanatory note
This amendment corrects a cross reference.
[2.12] Section 59 (2), definition of internet service provider
substitute
"internet service provider"—see the Online Safety Act 2021
(Cwlth), section 19 (Internet service providers).
Explanatory note
This amendment updates the definition because the Broadcasting Services Act 1992
(Cwlth), schedule 5, was replaced by the Online Safety Act 2021
(Cwlth). The new definition is identical to the old definition.
[2.13] Schedule 1, part 1.2, items 1 and 2
substitute
1 | Criminal Code Act 1995 |
(Cwlth), section 270.5 (1) and section 270.8 (1) (a) | cause child to enter into or remain in servitude | the service provided is a sexual service (as defined in the Criminal Code Act 1995 |
(Cwlth), dictionary) | |
| 2 | Criminal Code Act 1995 |
(Cwlth), section 270.5 (2) and section 270.8 (1) (a) | conduct a business involving child servitude | the service provided is a sexual service (as defined in the Criminal Code Act 1995 |
(Cwlth), dictionary) |
Explanatory note
This amendment updates cross-references and language because of amendments made to the Criminal Code Act 1995
(Cwlth).
[2.14] Schedule 2, part 2.2, item 1
substitute
1 | Criminal Code Act 1995 |
(Cwlth), section 270.7 and section 270.8 (1) (a) | deceptive recruiting for child labour or services | the service to be provided is a sexual service (as defined in the Criminal Code Act 1995 |
(Cwlth), dictionary) |
Explanatory note
This amendment updates cross-references and language because of amendments made to the Criminal Code Act 1995
(Cwlth).
[2.15] Schedule 2, part 2.2, item 3
substitute
3 | Criminal Code Act 1995 |
(Cwlth), section 271.7 | domestic trafficking in children | |
Explanatory note
This amendment updates a cross-reference because of amendments made to the Criminal Code Act 1995
(Cwlth). This amendment also omits unnecessary words.
[2.16] Schedule 2, part 2.2, item 12
omit
Explanatory note
This amendment omits an item that has become redundant because the section it refers to has been repealed.
[2.17] Schedule 2, part 2.2, item 14
substitute
14 | Criminal Code Act 1995 |
(Cwlth), section 273.7 (1) | commit offence against Criminal Code Act 1995 |
(Cwlth), section 273.6 on 3 or more occasions, and involving 2 or more people | |
Explanatory note
This amendment omits a cross-reference that has become redundant because the section it refers to has been repealed, and corrects a citation.
[2.18] Schedule 2, part 2.2, items 16 and 17
omit
Explanatory note
This amendment omits items that have become redundant because the sections they refer to have been repealed.
[2.19] Schedule 2, part 2.2, item 20
substitute
20 | Criminal Code Act 1995 |
(Cwlth), section 471.22 (1) | commit offence against Criminal Code Act 1995 |
(Cwlth), section 471.19 or 471.20 on 3 or more occasions, and involving 2 or more people | |
Explanatory note
This amendment omits cross-references that have become redundant because the sections they refer to have been repealed, and corrects a citation.
[2.20] Schedule 2, part 2.2, items 24 and 25
omit
Explanatory note
This amendment omits items that have become redundant because the sections they refer to have been repealed.
[2.21] Schedule 2, part 2.2, item 28
substitute
28 | Criminal Code Act 1995 |
(Cwlth), section 474.24A (1) | commit offence against Criminal Code Act 1995 |
(Cwlth), section 474.22 or section 474.23 on 3 or more occasions, and involving 2 or more people | |
Explanatory note
This amendment omits cross-references that have become redundant because the sections they refer to have been repealed, and corrects a citation.
[2.22] Schedule 2, part 2.2, items 35 and 36
substitute
35 |
(Cwlth), section 233BAB (5) | import tier 2 goods | the tier 2 goods are items of child abuse material (see s 233BAB (1) (h)) |
| 36 |
(Cwlth), section 233BAB (6) | export tier 2 goods | the tier 2 goods are items of child abuse material (see s 233BAB (1) (h)) |
Explanatory note
This amendment updates language to reflect the change of language in the Customs Act 1901
(Cwlth).
[2.23] Dictionary, definition of community service order
omit
section 13 (6)
substitute
section 13 (7)
Explanatory note
This amendment corrects a cross-reference.
[2.24] Dictionary, definition of parole , note
omit
Explanatory note
This amendment omits a note that is no longer needed because the provisions it refers to have expired.
[2.25] Further amendments, mentions of Criminal Code (Cwlth)
omit
Criminal Code
(Cwlth)
substitute
Criminal Code Act 1995
(Cwlth)
in
• schedule 1, part 1.2, items 5, 8 and 9
• schedule 2, part 2.2, items 10, 11 and 31
Explanatory note
This amendment corrects a citation.
Part 2.4 Crimes (Sentence Administration) Act 2005
omit
last known
substitute
last-known
Explanatory note
This amendment corrects punctuation.
[2.27] Section 298 (8), definition of relevant victim , paragraph (a)
omit
views of victims
substitute
victim's views
Explanatory note
This amendment corrects a cross-reference.
[2.28] Dictionary, definition of ACT prisoner etc
omit
chapter 11
substitute
part 11.1
in the definitions of
• ACT prisoner
• ACT sentence of imprisonment
• arrest warrant
• commonwealth sentence of imprisonment
• corresponding ACT court
• corresponding Minister
• default imprisonment
• Governor
• indeterminate sentence
• interstate law
• interstate sentence of imprisonment
• joint prisoner
• non-participating territory
Explanatory note
This amendment corrects cross-references.
[2.29] Dictionary, definition of participating jurisdiction
omit
chapter 11
substitute
chapter 12
Explanatory note
This amendment corrects a cross-reference.
Part 2.5 Crimes (Sentencing) Act 2005
[2.30] Section 9 (2), note 1
after 3rd dot point, insert
• drug and alcohol treatment order (see s 12A, pt 4.2B and pt 5.4A)
Explanatory note
This amendment is consequential on the insertion of s 12A, pt 4.2B and pt 5.4A by the Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Act 2019
.
Part 2.6 Magistrates Court Act 1930
omit
(Complaints)
substitute
(Complaints to ACAT about utilities)
Explanatory note
This amendment updates a cross-reference because of an amendment made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2)
.
omit
s 82A
substitute
section 82A
Explanatory note
This amendment substitutes language in line with current legislative drafting practice.
Part 2.7 Spent Convictions Act 2000
[2.33] Section 12 (3), note
omit
Explanatory note
This amendment omits a note that is no longer needed because the provisions it refers to have expired.
Part 2.8 Victims of Crime (Financial Assistance) Act 2016
[2.34] Dictionary, definition of repayment amount
omit
(Repayment of financial assistance and funeral expenses)
substitute
(Repayment of financial assistance and funeral expenses by assisted person)
Explanatory note
This amendment corrects a cross-reference.
Part 2.9 Working with Vulnerable People (Background Checking) Act 2011
[2.35] Schedule 3, part 3.2, item 52
substitute
52 |
, s 56 | persistent sexual abuse of child or young person under special care |
Explanatory note
This amendment is consequential on an amendment of the heading of the Crimes Act 1900
, s 56 by the Family Violence Legislation Amendment Act 2022
.