Australian Capital Territory Numbered Acts

JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT ACT 2009 (NO 4) (NO. 54 OF 2009) - SCHEDULE 1

Schedule 1     Legislation amended

(see s 3)

Part 1.1     ACT Civil and Administrative Tribunal Act 2008

[1.1]     New section 115D

in part 9A, insert

115D     Territory entities to pay amounts to ACAT trust account

    (1)     This section applies if—

        (a)     a territory entity makes an application to the ACAT in a quarter; and

        (b)     no filing fee is paid for the application because of the operation of the Legislation Act, section 121 (Binding effect of Acts).

    (2)     The territory entity must, at the end of the quarter, pay to the ACAT trust account an amount equal to the filing fee for the application.

    (3)     In this section:

"territory entity" includes—

        (a)     the Territory; or

        (b)     a Minister; or

        (c)     an administrative unit; or

        (d)     a territory instrumentality; or

        (e)     any other territory authority.

[1.2]     Divisions 30.2 to 30.7

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Part 1.2     ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009

[1.3]     Section 67

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[1.4]     Schedule 3

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[1.5]     Schedule 4

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[1.6]     Schedule 5

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Part 1.3     Legal Profession Act 2006

[1.7]     New section 423A

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423A     Restriction on publication of certain identifying material from application

    (1)     A person must not publish an account or report of an application under this part if the account or report—

        (a)     discloses the identity of the person who is the subject of the complaint to which the application relates (the person concerned ); or

        (b)     allows the identity of the person concerned to be worked out.

    (2)     However, the identity of the person concerned may be disclosed in an account or report of the application if—

        (a)     a final decision has been made that the person concerned is guilty of the conduct complained of; and

        (b)     either—

              (i)     the appeal period has ended and no appeal has been made; or

              (ii)     any appeal has been decided against the person concerned.

    (3)     In this section:

"appeal" means an appeal from a decision by the tribunal under the ACT Civil and Administrative Tribunal Act 2008 , section 79.

"appeal period" means the period within which an appeal may be made.

Note     See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).

Part 1.4     Magistrates Court Act 1930

[1.8]     New section 266B

in part 4.2, insert

266B     Enforcement of ACT Civil and Administrative Tribunal order—representation

    (1)     This section applies if a person (the first person )—

        (a)     was represented in an application in the ACAT by someone else (the second person ) under the ACT Civil and Administrative Tribunal Act 2008 , section 30; and

        (b)     the ACAT made a money order or non-money order in favour of the first person; and

        (c)     the first person enforces the order in the Magistrates Court under the Court Procedures Rules 2006 , part 2.18 (Enforcement).

    (2)     The second person may represent the first person in the enforcement proceeding in the Magistrates Court.

Part 1.5     Trustee Companies Act 1947

[1.9]     Section 3A

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[1.10]     Section 18

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[1.11]     Section 18A

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[1.12]     Section 18B

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[1.13]     Section 21

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[1.14]     Section 22

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[1.15]     Section 24

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[1.16]     Section 25

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[1.17]     Section 25A

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[1.18]     Section 25B

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[1.19]     Section 25C

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[1.20]     Section 25D

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[1.21]     Section 25E

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[1.22]     Section 25F

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[1.23]     Section 25G

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[1.24]     Section 25H

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[1.25]     Section 25I

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[1.26]     Section 25J

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[1.27]     Section 26

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[1.28]     Section 27

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[1.29]     Section 28

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[1.30]     Section 29

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[1.31]     Section 30

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[1.32]     Section 31

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[1.33]     Section 31A

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[1.34]     Section 31B

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[1.35]     Section 34

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[1.36]     Section 34A

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[1.37]     Section 36

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[1.38]     New section 37

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37     Transitional—def trustee company

    (1)     For this Act, a trustee company includes a company authorised under a law of a State or Territory to act as executor, administrator and trustee in the State or Territory immediately before 1 January 2010.

    (2)     This section expires—

        (a)     12 months after the day it commences; or

        (b)     if, before 12 months after the day it commences, another day is prescribed by regulation—on that day.

[1.39]     Schedule 1

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[1.40]     Dictionary, definition of trustee company

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"trustee company" means a company prescribed under the Corporations Act, section 601RAB.

Note     A reference to a law (including a Cwlth Act) includes a reference to the Act as originally made and as amended (see Legislation Act, s 102).

Part 1.6     Utilities Act 2000

[1.41]     Section 45 (2)

substitute

    (2)     The annual licence fee for a particular utility is the amount considered by ICRC to be a reasonable contribution towards the costs incurred, or expected to be incurred—

        (a)     by the following in the exercise of functions, in the ACT or elsewhere, in relation to utility services:

              (i)     ICRC;

              (ii)     the chief executive under part 5 (Technical regulation) on behalf of the Territory; and

        (b)     by the ACAT in hearing and deciding matters to which a utility is a party.