Australian Capital Territory Numbered Acts

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HUMAN RIGHTS (COMPLAINTS) LEGISLATION AMENDMENT ACT 2023 (NO. 53 OF 2023) - SCHEDULE 1

Schedule 1     Human Rights Act 2004—Technical amendments

(see s 3)

[1.1]     Sections 8 and 10 to 14

omit

his or her

substitute

their

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[1.2]     Sections 16 (2) and 18 (3)

omit

him or her

substitute

them

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[1.3]     Section 18 (5)

omit

his or her

substitute

their

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[1.4]     Section 22 (2) (a) to (i)

substitute

        (a)     to be told promptly and in detail, in a language that they understand, about the nature and reason for the charge;

        (b)     to have adequate time and facilities to prepare their defence and to communicate with lawyers or advisors chosen by them;

        (c)     to be tried without delay;

        (d)     to be tried in person, and to defend themselves personally, or through legal assistance chosen by them;

        (e)     to be told, if they do not have legal assistance, about the right to legal assistance chosen by them;

        (f)     to have legal assistance provided to them, if the interests of justice require that the assistance be provided, and to have the legal assistance provided without payment if they cannot afford to pay for the assistance;

        (g)     to examine prosecution witnesses, or have them examined, and to obtain the attendance and examination of witnesses on their behalf under the same conditions as prosecution witnesses;

        (h)     to have the free assistance of an interpreter if they cannot understand or speak the language used in court;

              (i)     not to be compelled to testify against themselves or to confess guilt.

Explanatory note

This amendment updates language, for example, ‘his or her', in line with current legislative drafting practice.

[1.5]     Section 23 (1) (c)

omit

he or she is

substitute

they are

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[1.6]     Section 24

omit

he or she has

substitute

they have

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[1.7]     Section 25 (2)

omit

he or she benefits

substitute

they benefit

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[1.8]     Sections 27 (1) and 27A (1)

omit

his or her

substitute

their

Explanatory note

This amendment updates language in line with current legislative drafting practice.



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