Better Regulation Legislation Amendment Act 2025 (ACT)

Case

Better Regulation Legislation Amendment Act 2025

A2025-13

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Agents Act 2003

4            Audit of trust accountsDivision 7.4 heading, note  3

5            What records must be keptSection 127 (5), new example  3

6            Section 128 heading  3

7           Section 128 (1) (b)  3

Part 3Architects Act 2004

8            Further information about complaint etcSection 37 (1)  4

Part 4Associations Incorporation Act 1991

9            Matters to be provided for in rules other than model rulesSchedule 1, item 9, column 3  5

Part 5Cemeteries and Crematoria Act 2020

10          Dictionary, definition of licensee receipt, paragraph (c)  6

Part 6Domestic Animals Act 2000

11Offences against Act—application of Criminal Code etc
Section 4A, note 1  7

12          Section 4A, note 1  7

13          Section 4A, note 1, new dot points  7

14          Section 142  7

15          Dictionary, definition of excluded offence, paragraph (b) (iv)                 8

Part 7Domestic Animals Regulation 2001

16          Section 24 heading  9

17          Section 24 (1)  9

18          Section 24 (2)  9

19          Section 24 (6), new definition of credit card  9

Part 8Electoral Act 1992

20          Candidates to be nominatedSection 105 (3) (b)  10

Part 9Fair Trading (Motor Vehicle Repair Industry) Act 2010

21          DictionarySection 3, note 1  11

22          Advisory committeePart 6  11

23          False or misleading representationsSection 49 (1) (f)  11

24          Approved formsSection 56  11

25          Dictionary, notes 1 and 2  12

26          Dictionary, definitions of advisory committee, consumer and representative members   12

Part 10Security Industry Act 2003

27          Division 3.7A heading  13

28          New section 29C  13

Part 11Waste Management and Resource Recovery Act 2016

29          Register of waste facility licencesSection 25 (4) and notes  14

30          Register of waste transportersSection 37 (4) and notes  14

31          Sections 39 and 40  15

32          Making of proposed undertakingsSection 96 (4), example 6  15

33          Section 96 (4), examples (as amended)  15

34          Reviewable decisionsSchedule 1, item 7  15

Part 12Waste Management and Resource Recovery Regulation 2017

35          Information for licence application—Act, s 19 (2) (b)New section 6 (aa)  16

36          New sections 7A and 7B  16

37          Information for registration application—Act, s 31 (2) (b)New section 9 (aa)  18

38          Information for register of waste transporters—Act, s 37 (2) (a)New section 10 (aa)  18

39          Section 10 (b)  18

40          Section 10 (c) (ii)  19

41          New section 10 (g) and (h) etc  19

42          Dictionary, note 3  20

43          Dictionary, new definition of registered business name  20

Better Regulation Legislation Amendment Act 2025

A2025-13

An Act to amend legislation for better regulation, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Better Regulation Legislation Amendment Act 2025.

  2. Commencement

    (1)This Act (other than parts 9, 11 and 12) commences on the 14th day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    (2)Parts 9, 11 and 12 commence on a day fixed by the Minister by written notice.

    Note 1A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    Note 2If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

  3. Legislation amended

    This Act amends the following legislation:

    ·     Agents Act 2003

    ·     Architects Act 2004

    ·     Associations Incorporation Act 1991

    ·     Cemeteries and Crematoria Act 2020

    ·     Domestic Animals Act 2000

    ·     Domestic Animals Regulation 2001

    ·     Electoral Act 1992

    ·     Fair Trading (Motor Vehicle Repair Industry) Act 2010

    ·     Security Industry Act 2003

    ·     Waste Management and Resource Recovery Act 2016

    ·     Waste Management and Resource Recovery Regulation 2017.

Part 2Agents Act 2003

  1. Audit of trust accounts
    Division 7.4 heading, note

    omit

  2. What records must be kept
    Section 127 (5), new example

    insert

    Example—not keep record

    an electronic record made by a licensed agent is lost and no backup of the record was made

  3. Section 128 heading

    substitute

  4. How records must be kept

  5. Section 128 (1) (b)

    substitute

    (b)fails to keep the record in at least 1 of the following ways:

    (i)at the agent’s main place of business;

    (ii)in an electronic form that is immediately accessible by the agent at their main place of business;

    (iii)if the commissioner for fair trading has agreed in writing that the record may be kept in another way—in that way.

Part 3Architects Act 2004

  1. Further information about complaint etc
    Section 37 (1)

    substitute

    (1)The architects board may, at any time, require a complainant to give the board further information about the complaint.

    NoteGiving false or misleading information is an offence against the Criminal Code, s 338.

Part 4Associations Incorporation Act 1991

  1. Matters to be provided for in rules other than model rules
    Schedule 1, item 9, column 3

    omit

    and, in particular, the mode of drawing and signing cheques on behalf of the association

Part 5Cemeteries and Crematoria Act 2020

  1. Dictionary, definition of licensee receipt, paragraph (c)

    omit

    or disinterment

Part 6Domestic Animals Act 2000

  1. Offences against Act—application of Criminal Code etc
    Section 4A, note 1

    omit

    ·     s 53CA (Carer must be given copy of control order)

    substitute

    ·     s 53CB (Control orders—carers)

  2. Section 4A, note 1

    omit

    ·     s 72L (Offence—surrender of breeding licence)

  3. Section 4A, note 1, new dot points

    insert

    ·     s 98 (Registration of accredited assistance animals)

    ·     s 103 (Unregistered assistance animal trainers)

    ·     s 106A (Unregistered assistance animal assessor)

    ·     s 106E (Assistance animal allowed in public places and premises)

    ·     s 106F (Falsely claiming animal is assistance animal)

    ·     s 142 (Dishonoured etc credit card transactions)

  4. Section 142

    substitute

  5. Dishonoured etc credit card transactions

    (1)This section applies if—

    (a)a fee for the issue of a certificate or licence to a person is paid by credit card; and

    (b)the certificate or licence is issued to the person; and

    (c)the credit card transaction is not honoured, or is reversed or cancelled.

    (2)The registrar may give the person written notice requiring the person to surrender the certificate or licence to the registrar within 7 days after the day the notice is received.

    (3)A person commits an offence if—

    (a)the person is given a written notice under subsection (2); and

    (b)the person does not surrender the certificate or licence to the registrar within 7 days after the day the notice is received.

    Maximum penalty:  5 penalty units.

    (4)Subsection (3) does not apply if the person has a reasonable excuse.

    NoteThe defendant has an evidential burden in relation to the matter mentioned in s (4) (see Criminal Code, s 58).

    (5)In this section:

    credit card includes a debit card.

  6. Dictionary, definition of excluded offence, paragraph (b) (iv)

    substitute

    (iv)section 142 (Dishonoured etc credit card transactions).

Part 7Domestic Animals Regulation 2001

  1. Section 24 heading

    substitute

  2. Dishonoured etc credit card transactions

  3. Section 24 (1)

    substitute

    (1)If a person pays a fee payable under the Act by credit card and the credit card transaction is not honoured, or is reversed or cancelled—

    (a)the person is liable for—

    (i)any charge imposed on the Territory because the credit card transaction is not honoured, or is reversed or cancelled; and

    (ii)the amount of the credit card payment; and

    (b)the registrar may suspend the benefit paid for by the credit card until the amount for which the person is liable is paid.

  4. Section 24 (2)

    omit

    bank charge

    substitute

    charge imposed on the Territory

  5. Section 24 (6), new definition of credit card

    insert

    credit card includes a debit card.

Part 8Electoral Act 1992

  1. Candidates to be nominated
    Section 105 (3) (b)

    omit

    in legal tender or a banker’s cheque

Part 9Fair Trading (Motor Vehicle Repair Industry) Act 2010

  1. Dictionary
    Section 3, note 1

    omit

    ‘consumer—see the Australian Consumer Law (ACT), section 2 (1).’ means that the term ‘consumer’ is defined in that law

    substitute

    ‘motor vehicle—see the Sale of Motor Vehicles Act 1977, dictionary.’ means that the term ‘motor vehicle’ is defined in that dictionary

  2. Advisory committee
    Part 6

    omit

  3. False or misleading representations
    Section 49 (1) (f)

    omit

    he or she does

    substitute

    they do

  4. Approved forms
    Section 56

    omit

  5. Dictionary, notes 1 and 2

    substitute

    NoteThe Legislation Act contains definitions relevant to this Act. For example:

    ·     Australian Consumer Law (ACT)

    ·     penalty unit (see s 133)

    ·     person (see s 160).

  6. Dictionary, definitions of advisory committee, consumer and representative members

    omit

Part 10Security Industry Act 2003

  1. Division 3.7A heading

    substitute

Division 3.7A            Cancellation, suspension and surrender of licence

  1. New section 29C

    in division 3.7A, insert

29CSurrender of licence

(1)A licensee may surrender the licence by giving the commissioner for fair trading—

(a)written notice that the licence is being surrendered; and

(b)if the licensee has not already given the commissioner the licence—the licence.

NoteA licensee may have already given the licence to the commissioner after it was varied or suspended (see s 39).

(2)The licence is cancelled on the day stated by the commissioner after receiving the written notice and the licence.

(3)The commissioner must tell the former licensee in writing the day on which the licence is cancelled.

(4)A licence that is suspended may be surrendered under this section.

Part 11Waste Management and Resource Recovery Act 2016

  1. Register of waste facility licences
    Section 25 (4) and notes

    substitute

    (4)The waste manager must, without charge—

    (a)make the register available to an authorised person; and

    (b)make the information in the register prescribed by regulation for this paragraph available to the public in 1 or more of the following ways:

    (i)making the information available for inspection during ordinary office hours at an ACT government office;

    (ii)making the information accessible on an ACT government website, or by a link on an ACT government website;

    (iii)if a person requests a copy of the information—giving the person a copy of the information.

    NoteThe Territory privacy principles apply to the waste manager in relation to personal information held in the register (see Information Privacy Act 2014).

  2. Register of waste transporters
    Section 37 (4) and notes

    substitute

    (4)The waste manager must, without charge—

    (a)make the register available to an authorised person; and

    (b)make the information in the register prescribed by regulation for this paragraph available to the public in 1 or more of the following ways:

    (i)making the information available for inspection during ordinary office hours at an ACT government office;

    (ii)making the information accessible on an ACT government website, or by a link on an ACT government website;

    (iii)if a person requests a copy of the information—giving the person a copy of the information.

    NoteThe Territory privacy principles apply to the waste manager in relation to personal information held in the register (see Information Privacy Act 2014).

  3. Sections 39 and 40

    omit

  4. Making of proposed undertakings
    Section 96 (4), example 6

    omit

  5. Section 96 (4), examples (as amended)

    relocate after subsection (4) (c)

  6. Reviewable decisions
    Schedule 1, item 7

    omit

Part 12Waste Management and Resource Recovery Regulation 2017

  1. Information for licence application—Act, s 19 (2) (b)
    New section 6 (aa)

    insert

    (aa)if the applicant operates the business under another name—the applicant’s registered business name and any trading name;

  2. New sections 7A and 7B

    in part 2, insert

7AInformation for register of waste facility licences—Act, s 25 (2) (a)

The following information is prescribed:

(a)the licensee’s name, business address, email address and telephone number;

(b)if the licensee operates the business under another name—the licensee’s registered business name and any trading name;

(c)if the licensee is a partner in a partnership—the partnership’s name;

(d)if the licensee is not a company registered under the Corporations Act but has an ABN—

(i)the ABN; and

(ii)the name, business address, email address and telephone number of each person who has day-to-day control of the waste facility’s business;

(e)if the licensee is a company registered under the Corporations Act—

(i)the company’s ACN; and

(ii)the name, business address, email address and telephone number of each director and public officer;

(f)identifying particulars of the land on which the waste facility is located;

(g)the waste categories that may be dealt with in the course of waste activity at the facility;

(h)the licence’s unique identifying number;

(i)the end day stated in the licence.

7BRegister of waste facility licences—public information—Act, s 25 (4) (b)

(1)The following information is prescribed:

(a)the licence’s unique identifying number;

(b)the licensee’s name;

(c)the street address of the waste facility;

(d)the licensee’s business telephone number;

(e)the licensee’s business email address;

(f)if the licensee is not a company registered under the Corporations Act but has an ABN—the ABN;

(g)if the licensee is a company registered under the Corporations Act—the company’s ACN;

(h)the waste categories that may be dealt with in the course of waste activity at the facility;

(i)the end day stated in the licence.

(2)However, if the licensee operates the business under a name other than their name—

(a)the information mentioned in subsection (1) (b) is not prescribed; and

(b)the licensee’s registered business name and any trading name is prescribed.

  1. Information for registration application—Act, s 31 (2) (b)
    New section 9 (aa)

    insert

    (aa)if the applicant operates the business under another name—the applicant’s registered business name and any trading name;

  2. Information for register of waste transporters—Act, s 37 (2) (a)
    New section 10 (aa)

    insert

    (aa)if the registered waste transporter operates the business under another name—the transporter’s registered business name and any trading name;

  3. Section 10 (b)

    omit

    is a partnership

    substitute

    is a partner in a partnership

  4. Section 10 (c) (ii)

    omit

    is to have

    substitute

    has

  5. New section 10 (g) and (h) etc

    insert

    (g)the registered waste transporter’s registration number;

    (h)the end day stated in the registration.

10ARegister of waste transporters—public information—Act, s 37 (4) (b)

(1)The following information is prescribed:

(a)the registered waste transporter’s registration number;

(b)the registered waste transporter’s name;

(c)the registered waste transporter’s business address;

(d)the registered waste transporter’s business telephone number;

(e)the registered waste transporter’s business email address;

(f)if the registered waste transporter is not a company registered under the Corporations Act but has an ABN—the ABN;

(g)if the registered waste transporter is a company registered under the Corporations Act—the company’s ACN;

(h)the waste categories transported by the registered waste transporter;

(i)the end day stated in the registration.

(2)However, if the registered waste transporter operates the business under a name other than their name—

(a)the information mentioned in subsection (1) (b) is not prescribed; and

(b)the transporter’s registered business name and any trading name is prescribed.

  1. Dictionary, note 3

    insert

    ·     licence

    ·     register of waste facility licences

    ·     register of waste transporters

    ·     registration number (see s 34 (4) (b) (ii))

  2. Dictionary, new definition of registered business name

    insert

    registered business name means a business name registered under the Business Names Registration Act 2011 (Cwlth).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 5 March 2025.

  2. Notification

    Notified under the Legislation Act on 26 May 2025.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Better Regulation Legislation Amendment Bill 2025, which was passed by the Legislative Assembly on 8 May 2025.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2025

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